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HomeMy WebLinkAboutCouncil Packet - 5/7/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, May 7, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one (1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Cleric's office you may speak one(1)time per item for a maximum of three (3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1)time for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 172 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Noel Anderson, Community Planning & Development Director Agenda, as proposed or amended. Minutes of April 30, 2018, Regular Session, as proposed. Minutes of May 1, 2018, Special Session, as proposed. Proclamation declaring May 12, 2018 as Letter Carriers' Food Drive Day Proclamation declaring May 7-13, 2018 as Bird Appreciation Week Proclamation declaring May 13-19, 2018 as National Police Week and May 16, 2018 as Peace Officer's Memorial Day ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request to certify assessment to property for work performed by the Waterloo Water Works, at five (5) locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Address and amount to certify: 727 Progress Avenue- $770.52 2026 Ansborough Avenue- $681.09 225 Shilliam Avenue- $4,707.54 310 Allen Street- $488.75 83 Mulberry Street- $1,854.89 Submitted By: Matt Mahler, General Manager 3. Resolution approving request of ABATE of Iowa, District 16, to hold its annual motorcycle awareness ride on May 19, 2018, starting at 10:00 a.m. in the Black Hawk County Courthouse parking lot, traveling throughout Black Hawk County, Page 2 of 172 and ending the ride at Silver Eagle Harley Davidson. Submitted By: Dave Mohlis, Police Captain 4. Resolution approving noise variance request from Main Street Waterloo from 5:30 p.m to 9:30 p.m. for the Friday'Loo events in Lincoln Park on multiple Fridays from May 11 th to September 7th, 2018. Submitted By: Dave Mohlis, Police Captain 5. Resolution resetting date of bid opening as May 17, 2018, and date of public hearing as May 21, 2018, in conjunction with the Waste Management Administration HVAC Cooling System, and instruct City Clerk to publish said notice. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services 6. Resolution setting a date of public hearing as May 21, 2018 to carry out the terms of the previously approved agreement for the sale and conveyance of the city's partial interest in a parcel located within Block 63 of Cooley Addition adjacent to 519 E. 3rd Street, to JSA Development, LLC, in the amount of $1.00, and authorize City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as May 24, 2018 and public hearing as May 29, 2018, in conjunction with the purchase of one (1) 1 ton DRW 4 X 4 with 84" cab with snow plow package, and instruct City Clerk to publish said notice. Submitted By: Sandie Greco, Interim Public Works Director 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of public hearing as May 14, 2018, in conjunction with the construction of Traffic Adaptive Signals on Hwy. 218 and San Marnan Drive and Fiber Optic Communications Upgrade. Bids to be opened by Iowa Department Of Transportation. Submitted By: Sandie Greco, Interim Public Works Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Mohammad Elahi, Traffic Engineer Class/Meeting: Joint ITE (Institute of Traffic Engineers) International and Midwest/Great Lakes Districts Annual Meeting and Exhibit Destination: Minneapolis, MN Dates: August 19-23, Amount not to exceed: $1,425.00 2018 b. P.O. Watson Class/Meeting: Basic (IED) Improvised Explosive Device Electronics Course Destination: Des Moines, IA Dates:April 1-6, 2018 Amount not to exceed: $125.00 2. LIQUOR LICENSES a. EI Mercadito, 520 LaPorte Road Page 3 of 172 Class: C Beer Renewal Application Includes Sunday Expiration Date: 5/21/2019 b. Majestic Moon, 1955 Locke Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 4/30/2019 C. BP Fuel, 127 Jefferson Street*Ownership Update* Class: C Beer New Application Does not include Sunday Expiration Date: 6/26/2019 d. Gates Park Golf Course, 820 E. Donald Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 5/10/2019 e. Hickory House, 315 Park Rd. Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 5/23/2019 f. Local's Bar& Grill, 229 E. 4th Street*Premise Update/Transfer* Class: C Liquor Renewal Application Includes Sunday Expiration Date: 4/9/2019 g. Main Street Waterloo, 212 E 4th Street*6 Month* Class: Special C Liquor New Application Does not include Sunday Expiration Date: 11/5/2018 h. Prime Mart 7, 1309 Lafayette Street Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 4/30/2019 i. Spicoli's, 3555 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/11/2018 3. APPOINTMENTS a. Chatara Mabry Board/Commission: Human Rights Commission Expiration Date: 02/08/2019 New Appointment Page 4 of 172 4. Motion to approve recommendation of appointment of Sarah Kempen, from the current Civil Service list, to the position of Storm Water Specialist in the Engineering Department, effective May 8, 2018, pending successful completion of pre-employment physical and drug screening. Submitted By: Eric Thorson, PE, City Engineer 5. Bonds PUBLIC HEARINGS 2. FY 2018 Bridge and Culvert Repairs, Contract 950. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 3. FY 2018 Sidewalk Repair Program - Zone 8, Contract 948. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 4. Waste Management Administration HVAC Cooling System. Public hearing cancelled due to rescheduling bid opening and public hearing. Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services RESOLUTIONS 5. Resolution approving Supplemental Agreement No. 1 with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $47,000.00 for geotechnical services, easement preparation, and final design for the FY 2017 Hammond Avenue Bridge Replacement over Sink Creek, Contract No. 922, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE,Associate Engineer 6. Resolution approving the contracts, bonds and certificate of insurance of Parking, Inc. dba Keck, Inc. in conjunction with the Parking Access and Revenue Control System, and related parking lot improvements at the Waterloo Regional Airport, in the amount of $203,564.00, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director 7. Resolution approving Engineering Services Agreement with Wayne Claassen Page 5 of 172 Engineering and Surveying, Inc. of Waterloo, Iowa, in the amount of$22,000.00 for the FY 2018 Waterloo Yard Waste, Water and Sanitary Sewer Extension, Contract 952, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director ORDINANCES 8. Ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic-Control Devices, by adding Subsection (58a) Dubuque Road and Osage Road - Full Actuated. Motion to receive, file, consider and pass for the second time an Ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic-Control Devices, by adding Subsection (58a) Dubuque Road and Osage Road - Full Actuated. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director 9. Request by Embankment, LLC to rezone 0.87 acres from "R-4, C-Z" Multiple Residence Conditional Zoning District to "C-2" Commercial District for construction of a multi-tenant retail center located west of 1203 West Ridgeway Avenue. Motion to receive, file, consider and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving rezoning .087 acres from from "R-4, C-Z" Multiple Residence Conditional Zoning District to "C-2" Commercial District for construction of a multi-tenant retail center. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 10. Request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1"Agricultural District to "R-2" One and Two Family Residence District, directly adjacent to 5050 Foulk Road. Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located adjacent to 5050 Foulk Road. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 11. An ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsections B, E, and F, and adding a new subsection G. Motion to receive file consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsections B, E, and F, and adding a new subsection G. Motion to suspend the rules. Motion to receive file consider and pass for the second and third times and adopt said Page 6 of 172 ordinance. Submitted By: Kelley Felchle, City Clerk OTHER COUNCIL BUSINESS 12. Hearing on Order Assessing Civil Penalty to Jim's Foods, 437 Sullivan, Waterloo, Iowa, for sale of tobacco to minor violation-first offense. Motion to open hearing. HOLD HEARING. Motion to close hearing. Resolution approving Order Assessing Civil Penalty, in the amount of $300.00 to Jim's Foods, 437 Sullivan, Waterloo, Iowa, for sale of tobacco to minor violation-first offense. Submitted By: David R. Zellhoefer, City Attorney ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:55 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Water Works Board of Trustees meeting minutes of April 19, 2018 on file in the Waterloo City Clerk's office. 2. Communication from the Leisure Services Park Maintenance Department on the notice of the conclusion of employment for Dennis Oltrogge, Park Maintenance II Crew Leader, effective March 30, 2018 with recommendation of approval of payout of $755.75 for unused benefits. 3. Communication from the Building Inspection Department on the notice of the conclusion of employment for Joyce Craft, Secretary, effective April 18, 2018 with recommendation of approval of payout of$7,599.64 for unused benefits. 4. Certified List for the position of Collection Systems Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on March 30, 2018. 5. Certified List for the position of Street Foreman for the City of Waterloo, Iowa Public Works Department, as certified by the Civil Service Commission on March 30, 2018. 6. Certified List for the position of Storm Water Specialist for the City of Waterloo, Iowa Engineering Department, as certified by the Civil Service Commission on March 30, 2018. 7. Certified List for the position of Capacity Management Operations & Maintenance Page 7 of 172 Technician for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on March 30, 2018. 8. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Robert Greenlee III, Police Sergeant, effective April 15, 2018 with recommendation of approval of payout of$19,732.84 for unused benefits. 9. Board of Adjustment minutes of January 23, 2018. 10. Board of Adjustment minutes of February 27, 2018. 11. Planning &Zoning minutes of March 6, 2018. 12. Communication from the Waste Management Services Department on the notice of the conclusion of employment for Gary Luck Jr., Sewer Maintenance Foreman, effective March 30, 2018 with recommendation of approval of payout of $11,939.21 for unused benefits. Page 8 of 172 CITY OF WATERLOO Council Communication Minutes of April 30, 2018, Regular Session, as proposed. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/2/2018 - 11:55 AM ATTACHMENTS: Description Type D April 30, 2018 Regular Session Backup Material Submitted by: Submitted By: Page 9 of 172 April 30,2018 The Council of the City of Waterloo,Iowa,met in Regular Session at Harold E.Getty Council Chambers, Waterloo,Iowa,at 5:30 p.m.,on Monday,April 30,2018 . Mayor Quentin Hart in the Chair. Roll Call:Jacobs, Morrissey,Shimp,Klein,Amos,Schmitt,and Juan. Mr.Morrissey joined via telephone. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 146882- Juon/Schmitt that the Agenda,as amended,for the Regular Session on Monday,April 30,2018 at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146883- Juon/Schmitt that the Minutes,as proposed,for the Regular Session on Monday,April 16,2018 at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring May 2018 as Bike Month. Proclamation declaring May 2018 as Historic Preservation Month. Proclamation declaring April 30,2018 as Stand Against Racism Day. ORAL PRESENTATIONS Mary Potter,207 Leland,shared suggestions with the council on how to improve meetings, including having council speak into microphones,not having the same person come up multiple times to speak in the same meeting,have members site sources for how they come to a conclusion on an issue,and share the exact number of people who share with them that they do not support a certain topic. Jim Chapman,224 Bertch,questioned if background checks and drug tests are performed prior to hiring an employee,if employees clock in and out of work,who monitors employees during the day, etc. Reed Craft,912 Colby,commented that several weeks ago he asked that two lots be sold to the Salvation Army and asked that the council either sell the lots or state that they do not have the intention of selling the lots to the Salvation Army. Noel Anderson explained that the Salvation Army is working on a master plan and asked that the city hold off on a sale until it is complete. Forest Dillavou, 1725 Huntington Road,commented that the city came to his neighborhood to do footing drain disconnects and questioned if the program will be continued in other areas of town. He further commented that he observed pot holes being filled on Katoski Drive and stated that he did not believe staff was using proper technique to repair the hole. Steve Hoambrecker,Waste Management Services Director,provided an update on the footing drain program and noted that the program is not planned to continue. David Dryer,3145 W.4th Street,commented that Station 6 was closed today and has a frretruck at the station that has EMS capabilities. He suggested that the city look at moving the firetruck from Station 6 to a station that is routinely open. Beverly Cosby,315 Wendell Ct.,commented that she and her neighbors are concerned about structural damage to their homes caused by construction vibrations and have hired an engineer to assess the current structure of their homes. John Sherbon, 1715 Robin Road,commented that he other citizens ask questions to gain knowledge and to make the city good and affordable. He further questioned if the contract for the study for widening Ansborough includes a roundabout. Sandie Greco,Interim Public Works Director,explained that the contract does not include plans for a roundabout. Page 10 of 172 April 30,2018 Page 2 Todd Obadahl, 124 Amity Drive,commented on the audit report from the Office of Inspector General and that new council members were told at training that council members should receive reports on a monthly basis that are required by state law and if any of the delay on receiving the reports was due to FEMA. 146884- Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146885- Juon/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report,dated April 30,2018,in the amount of$2,770,735.69 a copy of which is on file in the City Clerk's office,together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No.2018-270. 2. Resolution approving request of the Cedar Valley SportsPlex to hold its annual"Run the Bases"5K on May 19,2018 from 8:00 a.m.to 10:00 a.m.,commencing at the Cedar Valley SportsPlex and concluding at the Single Speed Brewery,and approving barricades and traffic control. Resolution adopted and upon approval by Mayor assigned No.2018-271 3. Request of Royal Legacy Christian Academy for variance to Noise Ordinance,from May 1- 10,2018 from 4:00 p.m.to 7:00 p.m.in conjunction with an outdoor fundraiser to be held in the church parking lot located at 715 E.4th Street. Resolution adopted and upon approval by Mayor assigned No.2018-272 4. Resolution approving preliminary specifications,bid document,form of contract,etc.and setting a date of bid opening as May 17,2018 and date of public hearing as May 21,2018, for the purchase of six(6)Police Interceptor AWD Vehicles,and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No.2018-273 5. Resolution setting date of public hearing as May 14,2018 to approve proposed repairs in conjunction with the Sidewalk Inspection and Repair Program—Zone 8,and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs,and authorize City Clerk to publish notice of said hearing. Resolution adopted and upon approval by Mayor assigned No.2018-274 6. Resolution setting date of public hearing as May 29,2018 for an amendment to the FYE 2018 Budget,and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No.2018-275 b. Motion to approve the following: Page 11 of 172 April 30,2018 Page 3 1• Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. P.O.s Payne and Iowa Law Enforcement Johnston,IA 4/29/18- $8,000.00 Thomas Academy LL.E.A. 8/15/18 Course 2. Approved Beer,Liquor,and Wine Applications Name&Address of Business Class New or Expiration Includes Renewal Date Sunda a. Casey's General Store 12879, B Native Wine/C Renewal 4/18/2019 x 3260 University Avenue Beer b. Cedar Valley Fish Market, B Beer New 1/26/2019 218 Division Street *Ownership Update* c. CVS#8544, 1825 E. San B Wine/C Beer/E Renewal 5/31/2019 x Marnan Drive Liquor d. Basal Wood Fired Pizza,225 C Liquor Renewal 4/30/2019 W.4th Street w/Outdoor Service e. Dollar General Store#4698, B Wine/C Beer New 2/28/2019 x 2935 Logan Avenue *Ownership Update* f. Golden China, 106 C Liquor Renewal 5/4/2019 x Brookerid e Drive g. Hy-Vee Food Store#2,2181 B Wine/C Beer/E Renewal 3/23/2019 x Logan Avenue Liquor h. Kwik Stop 4,515 Broadway B Wine/C Beer/E New 4/30/2019 x Street Liquor i. La Michuacana Restaurant, La Michuacana New 3/26/2019 x 1221 Franklin Street Restaurant, 1221 Franklin Street j. Maple Lanes,2608 C Liquor Renewal 2/28/2019 x University Avenue w/Outdoor Service k. The Saloon,303 W.4th C Liquor New 11/15/2018 Street*Ownership Update* 1. Sam's Club#6514,210 E. B Wine/C Beer/E New 2/28/2019 x Tower Park Drive Liquor *Ownership Update* in. Snack Shack,4335 Texas E Liquor New 3/31/2019 x Street n. Sunnyside Country Club, A Liquor Renewal 4/13/2019 x 1600 Olympic Drive w/Outdoor Service o. Waterloo Softball B Beer w/Outdoor Renewal 4/16/2019 x Association, 1139 Josephine Service Street 3. Cigarette/Tobacco Permit New Application for Kwik Stop 4,515 Broadway Street. 4. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146886- Schmitt/Amos that proof of publication of notice of public bearing on the request by Embankment,LLC to rezone 0.87 acres from"R-4,C-Z"Multiple Residence Conditional Zoning District to"C-2"Commercial Page 12 of 172 April 30,2018 Page 4 District for construction of a multi-tenant retail center located west of 1203 West Ridgeway Avenue, as published in the Waterloo Courier on April 23,2018,be received and placed on file. Voice vote- Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments. David Dryer,3145 W.4`h Street commented that the city needs to rent vacant properties or infill property that is currently vacant. He then read a list he has complied of commercial property that is vacant. 146887- Schmitt/Amos that the hearing be closed and oral and written comments and recommendation of approval of the Planning,Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146888- Schmitt/Amos that"an Ordinance amending Ordinance No. 5079,as amended,City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving rezoning .087 acres from from"R-4,C-Z"Multiple Residence Conditional Zoning District to"C-2"Commercial District for construction of a multi-tenant retail center", be received, placed on file, considered and passed for the first time.Roll call vote-Ayes: seven.Motion carried. Mr. Schmitt commented he received a call from a realtor that counted 80 comparable vacant commercial properties and questioned how the planning department is handling the vacant properties. Noel Anderson explained what factors impact the marketability of commercial properties. Mr. Jacobs commented that the conditions of the zoning and noted that the site would be able to absorb the increased traffic. Mr. Morrissey commented that the Complete Streets Advisory Committee recommends having sidewalks throughout development in the area and questioned if anyone has proposed building at the location and how they finance the project. Dennis Hogan,549 Sunset Road,explained that financing has not yet been finalized. Noel Anderson explained that the Complete Streets Advisory Committee did recommend sidewalk installation but would prefer to see that take place if recommended by the traffic study. Mr. Shimp commented that he supports the project but does not support suspending the rules. Mayor Hart questioned if a time constraint exists in passing ordinance. Fred Miehe, 3510 Kimball, explained that they have a letter of intent from a national coffee chain, another tenant lease expires at the end of the year,and that timing is important. 146889- Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Two. Nays: Five (Morrissey, Shimp, Klein, Schmitt, and Juon). Motion failed. 146890- Shimp/Amos that proof of publication of notice of public hearing on the request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from"A-1"Agricultural District to"R- 2"One and Two Family Residence District,directly adjacent to 5050 Foulk Road,as published in the Waterloo Courier on April 23,2018,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 13 of 172 April 30,2018 Page 5 This being the time and place of public hearing,the Mayor called for written and oral comments and there were none. 146891 - Shimp/Amos that the hearing be closed and oral and written comments and recommendation of approval of the Planning,Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146892- Shimp/Amos that"an Ordinance amending Ordinance No. 5079,as amended,City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located adjacent to 5050 Foulk Road",be received, placed on file, considered and passed for the first time.Roll call vote-Ayes: Seven.Motion carried. 146893- Shimp/Amos that mules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Two. Nays: Five (Jacobs, Shimp, Klein, Schmitt, and Juon). Motion failed. 146894- Amos/Schmitt that proof of publication of notice of public hearing on Taxable Sewer Revenue Capital Loan Notes- The issuance of not to exceed$1,700,000 Taxable Sewer Revenue Capital Loan Notes, Series 2018 (State of Iowa Revolving Fund Loan), as published in the Waterloo Courier on April 23, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments and there were none. David Dryer,3145 W.4`t'Street,questioned if this will add to the total debt. Michelle Weidner,Chief Financial Officer,explained the item. 146895- Amos/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146896- Amos/Schmitt that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $1,700,000 Taxable Sewer Revenue Capital Loan Notes, Series 2018.",be adopted. Roll-call vote- Ayes: Seven. Motion carried. Mr. Schmitt questioned if this is part of the$70 million of sewer renovations. Michelle Weidner explained that it is part of consent decree repairs. Resolution adopted and upon approval by Mayor assigned No.2018-276 146897- Amos/Schmitt that "Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo,Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,600,000 Taxable Sewer Revenue Capital Loan Notes, Series 2018, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-277 Page 14 of 172 April 30,2018 Page 6 146898- Schmitt/Amos that proof of publication of notice of public hearing on the purchase of one (1), 2-wheel drive compact pickup truck with extended cab for the Engineering Department, as published in the Waterloo Courier on April 17, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments and there were none. 146899- Schmitt/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146900- Schmitt/Amos that "Resolution confirming approval of bid documents, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-278 146901 - Schmitt/Amos that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-279 146902- Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $25,000 Bidder Bid Amount Community Chevrolet Cedar Falls,IA $22,850.90 Rydell Chevrolet Waterloo,IA $23,092.40 Witham Auto-Center La Porte City,IA $24,940.00 Voice vote-Ayes: Seven.Motion carried. 146903- Schmitt/Amos that "Resolution awarding bid to Community Chevrolet of Cedar Falls, Iowa in the amount of $22,850.90, in conjunction with the purchase of one (1), 2-wheel drive compact pickup truck with extended cab, for the Engineering Department", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-280 146904- Shimp/Amos that proof of publication of notice of public hearing on the purchase and installation of a 60' x 80' pole building to be located at the yard waste site.,as published in the Waterloo Courier on April 23, 2018,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments. Page 15 of 172 April 30,2018 Page 7 Jim Chapman, 224 Bertch, questioned if the building will be used to store equipment and how the project was to be paid for. Sandie Greco explained that the building will be used to store equipment and will use sanitation funds to pay for the project. 146905- Shimp/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146906- Shimp/Amos that"Resolution confirming approval of plans, specifications,bid document, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-281 146907- Shimp/Amos that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-282 146908- Shimp/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Estimate: $100,000 Bidder Bid Security Bid Amount Base Estimate: $72,750.00 Spahn&Rose Lumber Coo Opt.A$24,200.00 Concrete Floor Jesup,IA 5% Opt.B$ 8,750.00 Office&Bath Opt.C$16,467.00 Electrical $12,443.00 Plumbing/Heating Voice vote-Ayes: Seven.Motion carried. Mr. Schmitt stepped out at 6:45 p.m. 146909- Amos/Shimp that proof of publication of notice of public hearing on the replacement of parking lot equipment and the installation of a Parking Access and Revenue Control System(PARCS), and related parking lot improvements at the Waterloo Regional Airport., as published in the Waterloo Courier on April 16, 2018,be received and placed on file. Voice vote-Ayes: Six. Motion carried. This being the time and place of public hearing,the Mayor called for written and oral comments and there were none. 146910- Amos/Shimp that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146911 - Ainos/Shimp that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-283 Page 16 of 172 April 30,2018 Page 8 146912- Arnos/Mon-issey that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-284 146913- Amos/Shimp Motion to receive and file and instruct City Clerk to read bids. Estimate: $165,000 Bidder Bid Security Bid Amount Parking Inc. o Base: $153,909.00 Des Moines,IA 5% Alternate: $49,655.00 Total: $203,564.00 Voice vote-Ayes: Six.Motion carried. Mr. Schmitt returned at 6:47 p.m. 146914- Amos/Shimp that"Resolution approving award of contract to Parking-Inc. of Des Moines,Iowa in the amount of $203,564.00, in conjunction with the Waterloo Regional Airport Parking Access and Revenue Control System (PARCS), and related parking lot improvements project", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-285 146915- Shimp/Amos To recess for five minutes at 6:51 p.m. Voice vote-Ayes: Seven. Motion carried. 146916- Shimp/Amos To reconvene at 6:56 p.m. Voice vote-Ayes: Seven. Motion carried. RESOLUTIONS 146917- Klein/Schmitt that"Resolution approving a performance evaluation schedule for all city employees",be adopted. Mrs. Klein commented that she made a promise on the campaign trail is to push for performance reviews for staff and stated that the process is beginning but believes that a statement of policy is needed to move it forward faster. She then read the resolution. Mr.Amos questioned if evaluations are currently being conducted. Mayor Hart explained that reviews are conducted for new employees and some departments do conduct annual reviews and some do not. He explained that he is in favor of doing performance reviews and stated that they have a schedule for reviewing all department heads but that instituting reviews while the bargaining contracts are still in force creates a contractual conflict. Once new contracts are negotiated, performance reviews can be instituted for all city employees. He commented on the reviews for the city clerk and city attorney and noted that no other cities have public reviews. He outlined a performance review tool for the city clerk and city attorney developed by the Human Resources Director,which includes input from the council. Mr.Amos questioned if the employees would have measurable goals to adhere to with the reviews. Mrs. Klein commented that she was in favor of the suggestion and asked to table the item for two weeks to work on the wording further. Page 17 of 172 April 30,2018 Page 9 Mayor Hart explained reviews could not commence January 2019 due to current contractual obligation with union employees but that language could be developed to and in place in the handbook to be implemented upon start of the new contracts. Mrs.Klein questioned when the contracts end and when the changes could be implemented. Mayor Hart explained the collective bargaining process. Mrs.Klein commented that the council needs to be a policy making board and needs to get this done as soon as possible. 146919- Klein/Schmitt To table the item for two weeks. Roll call vote-Ayes: Six. Nays:One(Shimp). Motion carried. Mrs. Juon questioned why the proposed timeline for evaluations was only six months considering the vast number of employees? Mrs. Klein explained she felt six months was adequate time considering evaluations are divided between the various department heads. 146919- Shimp/Schmitt that"Resolution approving City of Waterloo City Council Rules of Procedure",be adopted. 146920- Morrissey/Juon to postpone the measure until July 9,2018. Roll call vote-Ayes: Three. Nays:Four(Jacobs, Shimp, Klein,and Schmitt). Motion failed. Mr.Morrissey explained reasons for tabling the item. Discussion took place regarding whether to review this document by means of a task force, work session,or in a regular session and how to handle multiple amendments for the document. 146921 - Shimp/Schmitt To amend section 1.3 by striking considered the final authority and inserting consulted. Roll call vote-Ayes:Four. Nays: Three(Morrissey,Amos,and Juon). Motion carried. 146922- Shimp/Schmitt to amend section 2.2 subsection B as follows: The Mayor shall recommend the appointment of department heads with the approval of Council. Roll call vote-Ayes: Seven. Motion carried. 146923- Morrissey/Amos to amend section 2.2 subsection B as follows: The Mayor nay shall recommend the appointment of department heads with the approval consent of Council. Roll call vote-Ayes: Seven. Motion carried. 146924- Shimp/Jacobs to recess for two minutes at 7:36 p.m. Voice vote-Ayes: Seven. Motion carried. 146925- Shimp/Amos to reconvene at 7:46 p.m. Voice vote-Ayes: Seven. Motion carried. 146926- Shimp/Morrissey to table to July 16,2018. Roll call vote-Ayes: Six. Nays: One(Schmitt). Motion carried. Page 18 of 172 April 30,2018 Page 10 146927- Amos/Shimp that "Resolution directing the Waterloo Police Department to write municipal tickets where applicable", be adopted. Roll call vote-Ayes: Four. Nays: Three (Morrissey, Amos, and Juon). Motion carried. Mr.Jacobs provided an overview of the item. Dan Trelka,Police Chief,provided an overview of how the officers write citations and the potential impacts of the item. Resolution adopted and upon approval by Mayor assigned No.2018-286 146928- Morrissey/Juon to amend section one by striking the word directed to read as follows: Section 1: The Waterloo Police Department is hereby direeted encouraged by the City Council to issue tickets as municipal violations unless the violation is an indictable offense. Roll call vote-Ayes: Three. Nays: Four (Jacobs,Shimp,Klein,and Schmitt). Motion failed. 146929- Shimp/Amos that "Resolution approving Black Hawk County Gaming Association Grant Application in the amount of$220,000.00 for Landside Improvements to the Airline Passenger Terminal.",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-287 146930- Shimp/Amos that "Resolution approving a purchase agreement with EZ Dock Inc. of Monett, Missouri, in the amount of $41,218.70 plus shipping in an amount not to exceed $2,100.00, in conjunction with docks being placed at the Boathouse, and authorize the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-288 146931 - Amos/Schmitt that "Resolution directing the advertisement for sale of $10,505,000 General Obligation Bonds, Series 2018A, setting sale date as May 22, 2018, and approving electronic bidding procedures and distribution of Preliminary Official Statement for the sale",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-289 146932- Amos/Schmitt that "Resolution directing the advertisement for sale of $1,070,000 Taxable General Obligation Bonds, Series 2018B, setting sale date as May 22, 2018, and approving electronic bidding procedures and the distribution of the preliminary Official Statement for the sale",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-290 146933- Klein/Amos that"Resolution approving Supplemental Agreement No. 1 with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in an amount of $5,150.00 for additional Engineering Services related to the Brock 3rd Addition Preliminary Plat, Final Plat and Sanitary Sewer Extension, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Page 19 of 172 April 30,2018 Page I 1 Resolution adopted and upon approval by Mayor assigned No.2018-291 146934- Klein/Amos that"Resolution approving Agreement for Mitigation of Utility Facility Conflicts with Unite Private Networks, LLC,for services related to the FY 2018 University Avenue Reconstruction - Phase I - Greenhill Road to Evergreen Avenue,Contract No. 933, and authorize the Mayor to execute said document',be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-292 146935- Klein/Amos that "Motion approving Final Quantity Summary for a net increase of $734.22 for the FY 2016 Permeable Alley Project, Contract No. 905, and authorize the Mayor and City Clerk to execute said document',be adopted. Voice-vote-Ayes: Seven. Motion carried. 146936- Shimp/Amos that"Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa, at a total cost of $165,071.72,for the FY 2016 Permeable Alley Project,Contract No. 905, and receive and file two- year maintenance bond",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-293 146937- Shimp/Amos that"Resolution approving Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $31,500.00 in conjunction with the Dry Run Creek Arch Culvert Review, and authorize the Mayor to execute said document.", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-294 146938- Shimp/Amos that "Resolution approving award of contract to Lehman Trucking and Excavating, LLC of Waterloo, Iowa, in the amount of $19,000.00, and approving contract, bond and certificate of insurance, for demolition and site clearance services at 807 and 809-811 East 4th Street, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2018-295 ORDINANCES 146939- Shimp/Amos that "an Ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic- Control Devices, by adding Subsection (58a) Dubuque Road and Osage Road -Full Actuated",be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 146940- Shimp/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Five. Nays: Two(Klein and Schmitt). Motion failed. 146941 - Shimp/Juon that the council adjourn to Executive Session at 8:14 p.m. Roll call vote-Ayes: Seven. Motion carried. Page 20 of 172 April 30,2018 Page 12 City Attorney Dave Zellhoefer stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)0)(2017). EXECUTIVE SESSION 146942- Shimp/Amos that the council adjourn Executive Session at 8:28 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 146943- Shimp/Amos that the Council adjourn at 8:28 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 21 of 172 CITY OF WATERLOO Council Communication Minutes of May 1, 2018, Special Session, as proposed. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/2/2018 - 11:55 AM ATTACHMENTS: Description Type D May 1, 2018 Special Session Backup Material Submitted by: Submitted By: Page 22 of 172 May 1,2018 The Council of the City of Waterloo, Iowa, met in Special Session at the Harold E. Getty Council Chambers, Waterloo, Iowa, at 3:30 p.m., on Tuesday, May 1,2018. Quentin Hart in the Chair. Roll Call: Jacobs, Shimp, Klein,Amos,Schmitt,Juon. Absent:Morrissey 146944- Schmitt/Juon that the agenda, as proposed, for the Special Session on Tuesday, May 1, 2018 at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Discussion: A council hearing and overview from city staff on the recent report issued by the U.S. Department of Homeland Security and FEMA regarding interactions with the City of Waterloo. Mayor Hart read an explanation of the Office of Inspector General FEMA disaster grant and program audit. He then read a timeline of Finance Department activities and projects spanning January 2016 through March 30, 2018. Mayor Hart then identified challenges experienced by staff in responding to the audit and identified changes in communication and staff responsibilities that will be implemented in the event of another flood. Discussion took place between mayor and council regarding the report from the Office of Inspector General, lack of communication between the city and the federal government, lack of staffing in the Finance Department,the dollar amount of funds expected to be received for the amount of damages to the City of Waterloo, shifting department duties to improve communication, changes to procurement policies requested by Iowa Department of Homeland Security and approved by council, damage to the skate park and plans to move forward with repairs, why the Office of Inspector General audit was not mentioned in the city audit, and the responsibility of council to listen to staff needs. ADJOURNMENT 146945 - Juon/Amos that the Council adjourn at 6:28 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 23 of 172 CITY OF WATERLOO Council Communication Proclamation declaring May 12, 2018 as Letter Carriers' Food Drive Day City Council Meeting: 5/7/2018 Prepared:4/20/2018 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 4/20/2018 - 2:18 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:59 AM ATTACHMENTS: Description Type D Proclamation Letter Carriers' Food Drive Day Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 24 of 172 CITY OF WATERLOO, IOWA PROCLAMATION W11EUIAS., every year on the second Saturday in May, letter carriers across the country collect non-perishable food as part of the nation's largest one-day food drive, distributing the donations to local food banks; and WHERFAMS the Letter Carriers' Stamp Out Hunger Food Drive is just one example of how letter carriers work to make a difference in the lives of those they serve as more than a 1.6 billion pounds of food have been collected since the 1991 pilot program; and WHERF"") we would like to recognize all letter carriers for their hard work and their commitment to their communities. All of the food collected in our community stays in our community and we support the carriers' efforts to help those in need in our community. NOW, THE OM I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim Saturday,May 12,2018, as LETMR CAMUER S' FOOD DRWE DAY and encourage the citizens of our community to support the food drive by placing non- perishable food items in or near your mailbox for pick-up on Saturday, May 12th Together,we can all help those in need. IN IffTrNESS WHEREOF, I have hereunto set my hand and caused this official seal of the City of Waterloo,Iowa, to be affixed this 7"' day of May 2018. 1 ATTEST: Kelley F c le, City Clerk Quentin Hart,Mayor Page 25 of 172 CITY OF WATERLOO Council Communication Proclamation declaring May 7-13, 2018 as Bird Appreciation Week City Council Meeting: 5/7/2018 Prepared:4/20/2018 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 4/20/2018 - 2:27 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 12:02 PM ATTACHMENTS: Description Type D Proclamation Bird Appreciation Week 2018 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 26 of 172 O O CITY OF WA TEiRmoo, ioWA II PROCLAMATION WHEREAS, nature lovers around the world are celebrating 2018 as "Year of the Bird" in recognition of the 1001h anniversary of the Migratory Bird Treaty Act which supports our p� ��,, moral responsibility to protect birdlife;and WHEREAS,, Waterloo,having been officially recognized as Iowa's first Bird Friendly Community, has taken steps and will continue to take steps to improve conditions necessary for the health and welfare of our nesting and migratory birds; �/ and HERE .Sr Waterloo is taking measures to educate and engage people in birding and wildlife conservation;and Yltil�Tisr Over 300 migratory and resident bird species use the j`h*�lvarious habitats in Waterloo for feeding and nesting;and >Ix �'REASr Birds and bird-related activities have a significant j•h*y���+,�� economic impact;and II7<1++=►7.+AS, Promoting abundant, sustainable bird populations and healthy habitats benefits our world's biodiversity and human society. NOW THERE'0�I,Quentin Hart,Mayor of the City of Waterloo,Iowa, do hereby proclaim May 7—13,2018 as $ISD APPRECIATION%TXK in Waterloo, Iowa, and urge all citizens to celebrate this observance and to support efforts to protect and conserve birds and their habitats in our community and the world at large throughout the year. IN 11rMEW XrEUMOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 7`h day of May 2018. ATTEST: Kelley Fel Quenfin Hart City Clerk Mayor OC Page 27 of CITY OF WATERLOO Council Communication Proclamation declaring May 13-19, 2018 as National Police Week and May 16, 2018 as Peace Officer's Memorial Day City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 5/2/2018 - 9:22 AM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:22 AM ATTACHMENTS: Description Type ❑ Proclamation Police Week 2018 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 28 of 172 0 0 CITY OF WATERLOO, IOWA PROCLAMATION NATIONAL POLICE MEEK PEACE OFFICEWS MEMORIAL DAY WHEREAS, the Congress of the United States of America has designated the week of May 13 — 19, 2018, as "National Police Week" and May 16th of this year to be"Peace Officer's Memorial Day"; and WHEREAS,AS, the Law Enforcement Officers are our guardians of life and property, defenders of the individual right to be free men and women, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness; and WIRES, it is known that all too often Police Officers are killed in the line of duty nationwide. Our community joins with other cities and towns to honor all Peace Officers everywhere. i NOW THEREFORE, BE IT RESOLVED. that 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of May 13—19, 2018, as NATIONAL POLICE WEEK and order all flags on all City facilities be flown at half-staff on May 16, 2018, on PEACE OFFICEWS MEMORIAL DAY I call upon all citizens to honor and show our sincere appreciation for the Police Officers of this city by deed, remark, and attitude. I also call upon all our citizens to make every effort to express their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing we are protected by men and women willing to sacrifice their lives, if necessary, to guard our loved ones, property and government against all who would violate the law. IN VMNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 7th day of May 2018. ATTEST: KelleyIchle Quentin Hart City Cle k - , Mayor 0 0 Page 29 of CITY OF WATERLOO Council Communication Request to certify assessment to property for work performed by the Waterloo Water Works, at five (5) locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 5/7/2018 Prepared:4/24/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 4/24/2018 - 5:28 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 12:03 PM ATTACHMENTS: Description Type a April 24, 2018 Board action assessment letter- 727 Cover Memo Progress Avenue a April 24, 2018 Board action assessment letter- 2026 Backup Material Ansborough Avenue a April 24, 2018 Board action assessment letter- 225 Backup Material Shilliam Avenue a April 24, 2018 Board action assessment letter- 310 Backup Material Allen Street a April 24, 2018 Board action assessment letter- 83 Backup Material Mulberry Street Request to certify assessment to property for work performed by the Waterloo Water Works, at five 5 locations, together with recommendation of approval by the Waterloo Water Works Board of Trustees. SUBJECT: Address and amount to certify: 727 Progress Avenue- $770.52 2026 Ansborough Avenue - $681.09 225 Shilliam Avenue- $4,707.54 310 Allen Street- $488.75 83 Mulberry Street- $1,854.89 Submitted by: Submitted By: Matt Mahler, General Manager Adopt a resolution approving communication from the General Manager of Recommended Action: the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at Summary Statement: their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. Page 30 of 172 No City funds are required for this action. The Waterloo Water Works paid Expenditure Required: for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating fluids, generated from water sales. Page 31 of 172 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER April 24, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an-excerpt from the Board Meeting of the Waterloo Water Works Trustees held Thursday, April 19, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $770.52, which is supported by invoice from Frickson Bros. Excavating and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the pave box at 727 Progress Avenue, which is located on Lot No. W-Seventeen (W-17) except the North Ten (10) feet thereof, in "Cedarloo Park", Waterloo, Black Hawk County, Iowa, and owned by Dirk Abben and Sabrena Jackson. WHEREAS, the property owners did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 32 of 172 Page 2 It was moved by Wienands, seconded by Welper, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 33 of 172 WATERLOO WATER WORKS MATTHEW L.MAHLER, P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,fOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER April 24, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council.- The ouncil:The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Thursday, April 19, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $681.09, which is supported by invoice from Frickson Bros. Excavating and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box at 2026 Ansborough Avenue, which is located on the East 140 Feet of Lot No. 2, Except the South 60 Feet thereof, in "Park View Gardens" in Waterloo, Black Hawk County, Iowa, and owned by JAX, LLC. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 34 of 172 Page 2 It was moved by Welper, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 35 of 172 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER April 24, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Thursday, April 19, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $4,707.54, which is supported by invoice from the Waterloo Water Works, showing the work necessary to repair the service line in regards to the following: WHEREAS, the Waterloo Water Works made repairs to an area where water was surfacing that was believed to be from a water main break. Upon excavation, the water leak was found to be a leaking service line to a vacant property at 225 Shilliam Avenue, which is located on the East Forty-two (42) feet of Lot No. Five (5) in Block No. Two (2) in Shilliam's Third (3r(') Subdivision, Waterloo. Iowa, Black Hawk County, and owned by Daniel L. Coats and Alice M. Coats. WHEREAS, the Waterloo Water Works repaired the service line and billed the owners for the repair. The owners of the property did not respond and have not paid the invoice, the Waterloo Water Works caused the cost to be assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 36 of 172 Page 2 It was moved by Welper, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 37 of 172 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER April 24, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Thursday, April 19, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $488.75, which is supported by invoice from R Company d/b/a Frickson Backhoe & Trucking and Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box at 310 Allen Street, which is located on the Northwesterly One-half of Lot No. 11 except the Northeasterly 70 feet thereof, and the Southeasterly One-half of Lot No. 12 except the Northeasterly 70 feet thereof, all in Block No. 4 in Leavitt's Addition to Waterloo, Black Hawk County, Iowa, and owned by Deysi E. Garcia. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 38 of 172 Page 2 It was moved by Welper, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 39 of 172 WATERLOO WATER WORKS MATTHEW L.MAHLER,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: MARY H.POTTER,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 SCOTT WIENANDS,Vice-Chair RON G.WELPER April 24, 2018 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Thursday, April 19, 2018. RESOLUTION WHEREAS, the General Manager, Matthew L. Mahler, presented a statement of $1,854.89, which is supported by invoice from All Star Plumbing & Heating and the Waterloo Water Works, showing the work necessary to repair the service line in regards to the following: WHEREAS, the previous owners were notified by the Waterloo Water Works to make the repairs to the service line at 83 Mulberry Street, which is located on the Southeasterly 39 feet of Lot 10, in Block 4, in James Virden's Addition to the Town (now City) of Waterloo, Black Hawk County, Iowa, and owned by Norman E. Sallis and Ethel-Sallis. WHEREAS, the previous property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair invoiced to them. The owners of the property then did not respond and did not pay the invoice, the Waterloo Water Works caused the cost to be assessed to the property. WHEREAS, ownership of the property has transferred to QuaDarian Sallis-Jones. Page 40 of 172 Page 2 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Wienands, seconded by Welper, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Matthew L. Mahler, P.E. General Manager MLM/cm Page 41 of 172 CITY OF WATERLOO Council Communication Resolution approving request of ABATE of Iowa, District 16, to hold its annual motorcycle awareness ride on May 19, 2018, starting at 10:00 a.m. in the Black Hawk County Courthouse parking lot, traveling throughout Black Hawk County, and ending the ride at Silver Eagle Harley Davidson. City Council Meeting: 5/7/2018 Prepared:4/30/2017 REVIEWERS: Department Reviewer Action Date Police Department Mohlis, Dave Approved 4/30/2018 - 11:32 AM Clerk Office Higby, Nancy Approved 5/1/2018 - 12:04 PM ATTACHMENTS: Description Type ❑ ABATE of Iowa request Cover Memo Resolution approving request of ABATE of Iowa, District 16, to hold its SUBJECT: annual motorcycle awareness ride on May 2018; starting at 10:00 a.m. in the Black Hawk County Courthouse parking lot, traveling throughout Black Hawk County and ending the ride at Silver Eagle Harley Davidson. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve Request Summary Statement: This is an annual event that requires limited support at major intersections. Expenditure Required: Cost with providing limited traffic control. Source of Funds: General Policy Issue: None Alternative: None Background Information: This is an annual event with no historical problems. Page 42 of 172 April 18, 2018 Chief Daniel Trelka Waterloo Police Department 715 Mulberry St. Waterloo, fA 50703 Dear Chief Trelka, In support of National Motorcycle Safety & Awareness month each year ABATE of Iowa, District 16 sponsors a Motorcycle Awareness Ride in May. This letter is requesting escort assistance for this annual event scheduled for Saturday, May 19, 2018. We begin participant registration at 10:00AM at the Black Hawk County Courthouse with the ride departing promptly at noon. The tentative route will travel through Evansdale, Waterloo & Cedar Falls concluding at Silver a Eagle Harley-Davidson as we have the past several years. i The finalized route will be determined as we get closer to the event date, allowing the escorting officers final approval on the day of the ride. f f Please contact me if you need further information or if you have any 5 questions or concerns. Respectfully, Jeff Lehman, Coordinator Scott Jones 319-269-2003 319-215-6745 Assistant Coordinator a abatedistrictl6@yahoo.com Page 43 of 172 i ABATE OF IOWA DISTRICT , ANNUAI~m AWARENESS RIDE SATURDAY MAY 19TH REGISTRATION STARTS AT 10:00 AM RIDE LEAVES AT 12:00 PM Ail x RIDE STAR'S AT THE BLACKHAWK COUNTY COURT HOUSE AND ENDS AT THE SILVER EAGLE HARLEY DAVIDSON'S SPRING FEST! THIS IS A FREE RIDEH ANY QUESTIONS OUR GOAL 15 TO MAKE PLEASE CONTACT JEFF MOTORISTS AWARE THAT LEHMAN" LEMO" MOTORCYCLES ARE ON THE ROADS 319-215-6745 1 Page 44 of 172 CITY OF WATERLOO Council Communication Resolution approving noise variance request from Main Street Waterloo from 5:30 p.m to 9:30 p.m. for the Friday'Loo events at Lincoln Park on multiple Fridays from May 11th to September 7th, 2018. City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Police Department Mohlis, Dave Approved 5/2/2018 - 11:56 AM Clerk Office Even, LeAnn Approved 5/2/2018 - 12:43 PM ATTACHMENTS: Description Type ❑ Fridayloo Variance Request Cover Memo Resolution approving noise variance request from Main Street Waterloo SUBJECT: from 5:3012.m to 9:3012.m. for the Friday'Loo events in Lincoln Park on multiple Fridays from May 11th to September 7th; 2018. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve Request Source of Funds: General Page 45 of 172 A1nPLICATION FOR VARIANCE ��TOQQNOISE nORDINANCE APPLICANT'S NAME: : ILL_ __�'_v ►�l1 + ——_ APPLICANT'S ADDRESS: _��at�V l9� APPLICANT'S PRONE ANTICIPATED DATE OF VARIANCE: � I )_ j ZS i� � 2z _�`D �f�S 1 (2Z I I°0 NAME OF EVENT: F l'► �foo 1 'gl'7h8 TUVIES OF DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING TIM VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION,AND WHAT ACTUALLY WILL EXCEED TIIE NOISE {O�RDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. / t-i d 126 la—e Applicant's Signature Date _ E CITY COUNCIL ACTION: Police Dept.Recommendation N APPROVAL: APPROVAL: DENIAL: E i DENIAL: - - DECIBEL LEVEL: ' Page 46 of 172 CITY OF WATERLOO Council Communication Resolution resetting date of bid opening as May 17, 2018, and date of public hearing as May 21, 2018, in conjunction with the Waste Management Administration HVAC Cooling System, and instruct City Clerk to publish said notice City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Waste Management Even, LeAnn Approved 5/2/2018 - 10:37 AM ATTACHMENTS: Description Type D Addendum No. 1 Resetting Date of Public Hearing Backup Material Resolution resetting date of bid opening as May 2018; and date of SUBJECT: public hearing as May 21, 2018, in conjunction with the Waste Management Administration HVAC Cooling System, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Brian Rath, Treatment Operations Supervisor, Waste Management Services Recommended Action: Approve the specifications, etc. and taking of bids, and set the date of bid opening and hearing. Expenditure Required: $98,077.00 Source of Funds: Sewer Page 47 of 172 Kapaun Consulting Engineers, P.C. Professional * Mechanical * Electrical * Engineering Consultants Im P.O. Box 537 138 Eldora Road Hudson, Iowa 50643 Phone: (319)988-9234 Fax: (319)988-9877 E-mail:jkapaun@kcepcia.com Addendum 1 Date: April 30,2018 Project: City of Waterloo, Iowa Waste Water Treatment Plant 2018 Waste Management Admin HVAC Cooling System - Project No. 17-42 1. The bidder shall acknowledge receipt of this addenda on the bid form. 2. This addendum is applicable to the contract work as designated herein, and shall be understood to be a part of, and included in the contract work. 3. The changes designated herein shall supersede the plans and specifications as previously issued 1. Refer to Project Manual. Notice of Public Hearing/Notice to Bidders. a) Change date of' Receiving Of Bids ' from Thursday, May 3 ,2018 until 1:00 p.m.to Thursday, May 17, 2018 until 1:00 p.m. b) Change date of' Opening Of Bids `from Thursday, May 3 ,2018 at 1:00 p.m.to Thursday, May 17, 2018 at 1:00 p.m. C) Change date of' Public Hearing 'from Monday, May 7, 2018 to Monday, May 21, 2018. • Page 1 Page 48 of 172 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as May 21, 2018 to carry out the terms of the previously approved agreement for the sale and conveyance of the city's partial interest in a parcel located within Block 63 of Cooley Addition adjacent to 519 E. 3rd Street, to JSA Development, LLC, in the amount of$1.00, and authorize City Clerk to publish said notice. City Council Meeting: 5/7/2018 Prepared: 5/1/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 5/2/2018 - 10:48 AM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:43 AM ATTACHMENTS: Description Type D Map of Subject Property Backup Material D JSA Walnut Development Agreement Backup Material Resolution setting a date of public hearing as May 21, 2018 to carry out the terms of the previously approved agreement for the sale and conveyance of SUBJECT: the city's partial interest in a parcel located within Block 63 of Cooley Addition adjacent to 519 E. 3rd Street, to JSA Development, LLC, in the amount of X1.00, and authorize City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Set date of hearing This action is to insure the proper notification and terms are properly carried out for the partial interest by the City of Waterloo of property located within Block 63 of Cooley Addition, Waterloo, Iowa. A development Agreement with JSA Development was approved in March of 2017. This action is for proper notice of conveyance of the partial interest of the lot located within said subdivision. The City has 1/3 interest in the lot and will be conveying their interest as a part of the development agreement to JS A Development for redevelopment purposes. Previously approved development agreement information: The City of Waterloo has aggressively gone after blighted and vacant homes, including these listed in the Walnut Neighborhood area. With renewed interest by Habitat for Humanity, the Walnut Neighborhood Association, and JSA Development, this partnership and agreement works to begin many Summary Statement: rehabilitations of homes in the area. This saves the City approximately $8,000-$10,000 in demolition costs per structure, annual maintenance for Page 49 of 172 snow removal and mowing, and restores tax base, investment, and stability back to this vital neighborhood. The City currently owns three of the four properties noted. The fourth would be acquired, with the City retaining the lot along Franklin Street(with billboard)for future projects. The remaining part of the property acquired works to help parking setup for both 515 and 519 East 3rd Street renovations. The City will also be updating a historic survey for the area, which should help for this project, as well as potential future projects for rehabilitation of homes to this area(estimated at$16,000 to $20,000). No additional costs are associated with this council action beyond the Expenditure Required: $60,000 in acquisition costs, $16,000-$20,000 in historic survey costs for overall Development agreement previously approved by City Council in March of 2017. Source of Funds: TIF and bond funds Policy Issue: Historic and Neighborhood Revitalization and Economic Development Alternative: NA Legal Descriptions: the southeast 60 feet of Lot 6 in Block 63 in The Cooley Addition to Waterloo, Black Hawk County, Iowa. Page 50 of 172 y .t 4.. ,LR d r � M .amu PINE STS • > Subject Property W LIME ST I r t sr tip ral, ote Base map data source is Black Hawk County. mapdnesnntrep.esentasnrvey,neliability Citic of Waterloo Iowa N ,i ed fond,,muracynf,bedatadelinea.ty M1e.ein. either xprk C—tr lmdiedby Black Hawk County,the Black N County Assessor,ert—ty,ployees. me cd,oft zth, emzkes nths—my,t—shen. W E �md,ea.ae m me accn.anv Orme mro.maoon ehewn on mis map,and expresslydisd"f"Iiabiffi for the ureeythereof.Us d s sds,st I..official 5 plats,surveys,recottfed deeds,etc.located a,the Black Hay.M1 Couniv Asxassor's ORlca for complete soda°°n.a,e�nfo.n,e°° Page 51 of 172 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704. Phone (319)234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2017 by and between the City of Waterloo, Iowa ("City") and JSA Development, LLC ("Company"). RECITALS A. City considers economic development and rehabilitation of historic properties within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company proposes to make significant renovations to certain historic residences in the Walnut Historic Neighborhood, proposing to invest over $1,200,000 to rehabilitate them up to modern standards appropriate for a federally and state qualified historic rehabilitation, as well as related parking and landscaping (collectively, the "Improvements"). Said properties are identified on Exhibit "A" attached hereto (the "Properties") and are located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, which includes the former Logan Plaza Urban Renewal and Redevelopment Plan Area. C. City believes that development of the projects is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the projects have been or will be undertaken and are being assisted. 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. Documentation and Establishment of a National Register of Historic Places District. City will appropriate all funds necessary to finance the hiring of an appropriately qualified historical consultant to prepare, complete, submit and oversee through approval, all documentation necessary to establish a Walnut Historic Neighborhood National Register of Historic Places District (the "District"). The selected consultant will be engaged by no later than March 31, 2017. The National Park Service approval process will be completed expediently after the completion of the historic survey and district designation by consultant. In support of Page 52 of 172 this effort, City agrees to implement a building demolition moratorium in the proposed District area, effective for a minimum period of two (2) years. City also agrees to evaluate and meet with neighborhood representatives on a potential design review overlay in the proposed District. 2. Property Conveyances. City will convey title to each of the Properties to Company by Special Warranty Deed for $1.00, as set forth more particularly in the paragraphs below. Company and City shall equally share the costs of preparation and updates to abstracts of title. Before conveyance, Company will have an opportunity to assess the condition of each property and determine the financial feasibility of undertaking the rehabilitation project for that property. Company will confirm to City in writing whether or not it will accept a given property, and if Company declines to accept a property the parties will cooperate in good faith to identify a substitute property to be included under the terms of this Addendum. A. 519 E. 3rd Street. Said property will be conveyed within thirty (30) days following the date this Agreement is approved by the Waterloo City Council, following title review and any work necessary to clear title. Concurrently with conveyance of 519 E. 3rd Street, City will convey such interest as it then possesses in the Center Lot (defined below). B. Other Historic Properties. City will work diligently to acquire marketable title to each of the Properties, other than 519 E. 3rd Street which is already under City ownership. Each of the Properties will be conveyed to Company as promptly as possible after request from Company, with a closing date to be determined by mutual agreement, except that City will convey the property located at 515 E. 3rd Street, the abutting parcel currently owned by City (the "Center Lot") at the center of the block that has no address or tax parcel identification number, and abutting parcel no. 8913-24-312- 014, on the terms set forth in this Section, within thirty (30) days of the City acquiring title. In lieu of City acquiring title to 515 E. 3rd Street and parcel no. 8913-24-312-014, Company may negotiate for the purchase of same from the current owner and thereafter obtain reimbursement from City for the net acquisition cost within thirty (30) days after Company delivers to City a copy of the closing statement. Title from City to interests in the Center Lot remaining after the conveyance provided for in paragraph A above shall be conveyed concurrently with City's conveyance of 515 E. 3rd Street or within thirty (30) days after written request from Company. 3. Right of First Refusal. City hereby grants to Company a right of first refusal to acquire other residentially zoned City-owned property within the District, with the exception of 222 Walnut Street and abutting parking lot (parcels 8913-24-308-006 and 8913-24-308-025. Provided that the parties enter into a development agreement with respect to any such property, then the purchase price will not exceed $5,000, otherwise the purchase price will be the lesser of assessed value or appraised market value. 4. Easement. Concurrently with its purchase of 515 E. 3rd Street, City shall purchase adjacent property known as assessor parcel no. 8913-24-312-009 (the "Franklin Parcel"). City shall grant to Company, its successors and assigns, a 20-foot wide easement for pedestrian and vehicular ingress and egress across the Franklin Parcel. If the City fails to acquire title to the Franklin Parcel by June 30, 2017 as set forth in Section 2.13 above, then Company shall be free to acquire title directly from the current owner and thereafter obtain reimbursement from City for the net acquisition cost. 5. Grants to Support Rehabilitation. City will grant Company $10,000 upon completion of the historic rehabilitation for each Property in accordance with City of Waterloo 2 Page 53 of 172 Sale of 657A Property policy or otherwise as a redevelopment incentive. Completion shall be evidenced by City's issuance of a certificate of occupancy, which shall not be unreasonably withheld, conditioned or delayed. In addition, City will reimburse Company for all costs incurred by Company for asbestos testing and abatement, such payment to be made to Company within 60 days after Company's delivery of written substantiation of costs. 6. City Cooperation for Regulatory Approvals and Tax Credits. City and its departments shall provide reasonable cooperation to facilitate and expedite completion of the historic rehabilitation projects. Reasonable cooperation shall include, but not be limited to, coordination of oversight between various departments of the City (e.g., Community Planning and Development, Building Inspections, Fire, Engineering, and other relevant departments). Additionally, departments will agree to utilize the adopted Existing Building Code and recognize any utilities accommodations for flexibility that is accorded to historic structures. Departments shall reasonably assist in meeting non-City deadlines. City shall also support and advocate for variances and special permits that may be reasonable and necessary for Company to complete rehabilitation of the Properties in a manner that will achieve the goals contemplated by the parties. City agrees to execute and support any necessary historic documentation and/or applications necessary to obtain Federal or State Historic Tax credits for Company's rehabilitation projects with respect to the Properties. 7. Demolitions. If any structure in the District is identified before December 31, 2030 as suitable for demolition, City shall exercise best efforts to relocate such structure in lieu of demolition. With respect to any relocations, City will take no action the effect of which would be to prevent or jeopardize the District's designation as a National Register of Historic Places district. 8. Company Performance. The parties agree that Company intends to rehabilitate each of the Properties into market-rate duplexes for rental and that Company, in its discretion, may construct garages. Company agrees not to undertake its rehabilitation work in a manner that would prevent future conversion of any residential structure to a single-family dwelling. Company will commence work on 519 E. 3rd Street within thirty (30) days after conveyance of title, with project completion by July 31, 2018. Rehabilitation work on other Properties will be completed within 18 months of conveyance of title. By mutual agreement of City's Community Planning and Development Director and Company, deadlines may be extended by up to six months, and any extension will be specified in writing and signed by the parties. To secure Company's performance at each separate address, Company will post a separate performance bond for each address in the amount of$5,000 within ten (10) days of receiving title, and such bonds shall be released upon issuance of an occupancy permit for the respective property. 9. Option to Terminate. Company shall have the option to terminate this Agreement at any time upon delivery of written notice to City, if federal or State of Iowa programs for historic tax credits are eliminated or materially altered. For purposes of this Agreement, a material alteration includes reduction of available tax credits by more than 10% in value or any change or changes in eligibility criteria that Company, in its reasonable discretion, determines is likely to have a material adverse effect on project feasibility. 10. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against each Property. Company further agrees that, prior to January 1, 2035, it will not seek or cause a reduction in the taxable valuation for a Property, which shall be fixed for assessment purposes, below the aggregate amount of $95,000 for each Property ("Minimum Actual Value"), through: 3 Page 54 of 172 (i) willful destruction of the Property, the Improvements, or any part of either; (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. At closing Company agrees to execute and deliver a minimum assessment agreement in the form attached hereto as Exhibit "B". 11. CURA Tax Exemptions. Provided that the Company has prepared and submitted required documents upon completion of work on a given Property in accordance with the terms of the City's Consolidated Urban Renewal Area ("CURA") property tax exemption program, City will grant and affirmatively support Company's receipt of property tax exemptions of 100% for any taxable value over the taxable value in effect immediately prior to commencement of improvements for the first three years following completion of rehabilitation. Completion of a rehabilitation project shall be determined by notice of completion delivered to City by the Company. Because the Properties are residential, they will not be eligible for tax rebates under current City policy. If, within seven (7) years after CURA exemptions expire with respect to any Property, City policy is modified to allow rebates for residential projects, then the parties will negotiate in good faith on a rebate schedule for the Properties. 12. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 13. 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. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all 4 Page 55 of 172 procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Properties and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 315 E. 5`" Street, Waterloo, Iowa 50703, facsimile number 319-234-5701, Attention: James E. Walsh, Jr. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 17. 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. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the 5 Page 56 of 172 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. 19. 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. 20. 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. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. 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. 23. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. JSA DEVELOPMENT, LLC CITY OF WATERLOO, IOWA By: By: James E. Walsh, Jr., Manager, Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 6 Page 57 of 172 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on 2017, by James E. Walsh, Jr. as Manager of JSA Development, LLC. Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on 2017, by Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 7 Page 58 of 172 EXHIBIT "A" Descriptions of Property in Walnut Historic Neighborhood 1. 519 E. V Street. COOLEY ADDITION, SW 30 FT LOT 4 BLK 63, SW 5 FT NE 30 FT SE 97.3 FT OF LOT 4 BLK 63, and NE 15 FT LOT 5 BLK 63. 2. 516 Pine Street. COOLEY ADDITION, E 40 FT N 75 FT LOT 6 BLK 72 AND 10 FT ADJ ON EAST. 3. 521 Pine Street. COOLEY ADDITION, W 50 FT LOT 1 BLK 68, and W 50 FT S 30 FT LOT 2 BLK 68. 4. 515 E. V Street. COOLEY ADDITION, SW 45 FT LOT 5 BLK 63, and NE 5 FT SE 75 FT LOT 8 BLK 63 The minimum assessed value for each of the above properties upon completion of improvements as set forth in the Agreement shall be $95,000. Page 59 of 172 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT (for use with Walnut Historic Neighborhood properties) This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2017 by and among the CITY OF WATERLOO, IOWA, ("City"), JSA Development, LLC, ("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 "Development Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area (the "Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area; and 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 building(s) thereon pursuant to the Development Agreement and applicable only to the development, which shall be effective upon substantial completion of the development and from then 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(s) as to the development only; and WHEREAS, the City and the Assessor have reviewed the plans and specifications for the improvements (the "Improvements") and the work completed as a part of the development; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company or its affiliated companies on each of the properties described in Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements constructed on each such property as a part of the Project shall not be less than $95,000 for each property ("Minimum Actual Value") until termination of this Agreement. With respect to each property, the parties agree to execute a supplement to this Agreement, substantially in the form attached hereto as "MAA Supplement Form I", no later than December 31 of the year in which substantial completion of construction of Improvements for a given property occurs. The parties also acknowledge that the Company may submit one or more of the properties to a condominium regime after completion of the Improvements and that future owners of any such property as so divided are intended to be the beneficiaries of this Agreement and a related Development Agreement. 2. The Minimum Actual Value herein established with respect to a given property shall be of no further force and effect, and with respect to such property this Agreement shall terminate, on December 31, 2034. Page 60 of 172 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. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa, the City paying all costs of recording, and each supplement hereto shall be so recorded after execution. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement between the City and the Company. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. The City agrees to cooperate with any reasonable request by the Company to execute a written assignment of this Agreement to future owners of condominium units that may be created on any of the properties and to execute one or more amendments to this Agreement to divide the Minimum Actual Value for the property among such units and to ensure that such future owners receive the benefits contemplated by this Agreement and a related Development Agreement between the parties. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Quentin Hart, Mayor James E. Walsh, Jr., Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss- COUNTY ss.COUNTY OF BLACK HAWK ) On 12017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly 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 2 Page 61 of 172 acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2017, by James E. Walsh, Jr., as Manager of JSA Development, LLC. Notary Public 3 Page 62 of 172 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be 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 Ninety-Five Thousand Dollars ($95,000.00)for each property identified on Exhibit "A" 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 T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 63 of 172 MAA SUPPLEMENT FORM 1 Supplement to Minimum Assessment Agreement (for use with Walnut Historic Neighborhood properties) This instrument is a supplement to that certain Minimum Assessment Agreement (the "Agreement") dated as of , 2017, by and between City of Waterloo, Iowa ("City") and JSA Development, LLC ("Company") and filed as Doc. No. Property Address: Tax Parcel No.: Legal Description: See attachment. Minimum Assessed Value: $95,000.00 MAV Effective Date: January 1, This supplement is made for purposes of acknowledging the substantial completion of improvements to the above property and the establishment of Minimum Assessed Value as of the next assessment date. The Minimum Assessed Value shall be effective until and including December 31, 2034, as set forth in the Agreement. This supplement is subject to all terms and conditions of the Agreement. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Manager Title: Page 64 of 172 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as May 24, 2018 and public hearing as May 29, 2018, in conjunction with the purchase of one(1) 1 ton DRW 4 X 4 with 84" cab with snow plow package, and instruct City Clerk to publish said notice. City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 5/2/2018 - 11:37 AM Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as May 24, 2018 and public SUBJECT: hearing as May 29, 2018, in conjunction with the purchase of one (l) 1 ton DRW 4 X 4 with 84" cab with snow plow package, and instruct Ci1Y Clerk to publish said notice. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Summary Statement: On a rotating basis, this truck is needed to perform a number of work related projects in including plowing snow. Expenditure Required: $50,000.00 Source of Funds: Waste Management (Sewer) Funding Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 65 of 172 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of public hearing as May 14, 2018, in conjunction with the construction of Traffic Adaptive Signals on Hwy. 218 and San Martian Drive and Fiber Optic Communications Upgrade. Bids to be opened by Iowa Department Of Transportation. City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn ApproN 5/2/2018 - 12:43 PM Resolution aprovingpreliminaryplans. specifications, form of contract, etc. and setting date of public hearing as May 14, 2018, in conjunction with the SUBJECT: construction of Traffic Adaptive Signals on Hwy. 218 and San Marian Drive and Fiber Optic Communications Upgrade. Bids to be opened by Iowa Department Of Transportation. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution. Traffic Adaptive Signal Control technology will be installed from W. 11th St. on Hwy. 218 to San Martian Dr. and on San Martian Dr. from Hwy. 218 to Summary Statement: Hammond. It will include branches on LaPorte Rd. and Sarah Dr. Traffic communications on Hwy 218 from W. 6th St. to San Martian Dr. on San Marian Dr. to Kimball Ave. then to W. Ith St. to Hwy. 218 and back to W. 6th St. will be upgraded to fiber optics. Expenditure Required: Estimated Cost: $469,000 Source of Funds: $180,000- Iowa Clean Air Act -no city match $289,000- Federal Surface Transportation Program with 20% city match Policy Issue: Strategy 2.2: Enlist all City department and staff members in efforts to promote a safer community. The traffic adaptive will help with traffic movements and will reduce mobile Background Information: source emissions. The fiber optic communication upgrade will enable better traffic monitoring and control. Page 66 of 172 CITY OF WATERLOO Council Communication Motion to approve recommendation of appointment of Sarah Kempen, from the current Civil Service list, to the position of Storm Water Specialist in the Engineering Department, effective May 8, 2018, pending successful completion ofpre-emplo}nnent physical and drug screening. City Council Meeting: 5/7/2018 Prepared: 5/1/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/1/2018 - 3:42 PM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:27 AM Motion to approve recommendation of appointment of Sarah Kempen, from SUBJECT: the current Civil Service list, to the position of Storm Water Specialist in the Engineering Department. effective May 8. 2018, 12ending successful comaletion of pre-employment physical and drug screening. Submitted by: Submitted By: Eric Thorson, PE, Cit,v Engineer Recommended Action: Approve the appointment of Sarah Kempen to the position of Storm Water Specialist, effective May 8, 2018. Summary Statement: This appointment is being made from the Certified Civil Service List. Expenditure Required: Storm Water Specialist salary and benefits Source of Funds: Storm Water Fee The Storm Water Fee was put in place so that the City could hire a Storm Background Information: Water Specialist and have a funding source for federal and state permit requirements. It is very important to the City that the Storm Water Specialist position be filled so that the City can meet the permit requirements. Page 67 of 172 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 5/2/2018 - 11:56 AM ATTACHMENTS: Description Type D Bonds for Council Approval 5.7.18 Backup Material SUBJECT: Bonds Page 68 of 172 BONDS FOR COUNCIL APPROVAL May 7, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 55-198491 DAVE SCHMITT CONSTRUCTION COMPANY INC. CEDAR RAPIDS, IA IA 599682 GRONOWSKI CONSTRUCTION, LLC CEDAR FALLS, IA IA5127300 KUNTA DAVIS dba UNDERCUTTERS WATERLOO, IA IA5101716 LEROY HARRINGTON dba QUICK CONSTRUCTION COMPANY WATERLOO, IA 7900467425 MARK MOSER WATERLOO, IA IA 601656 PETERS CONSTRUCTION CORP. WATERLOO, IA 55-207712 QUALITY CONCRETE CONSTRUCTION INC. WATERLOO, IA IA5107020 ROEDER SNOW REMOVAL LLC WATERLOO, IA 7900368632 ROGER SMITH CONSTRUCTION CEDAR FALLS, IA 7900453032 RON REYES dba REYES CONCRETE SERVICES OELWEIN, IA 7900411283 SHIMP CONSTRUCTION, LLC CEDAR FALLS, IA 5455721 SWICK CABLE CONTRACTORS, INC. ELY, IA TWA2531058 WILLIAM NEIL WATERLOO, IA Page 69 of 172 CITY OF WATERLOO Council Communication FY 2018 Bridge and Culvert Repairs, Contract 950. City Council Meeting: 5/7/2018 Prepared: 5/1/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Rejected 5/1/2018 - 4:27 PM Engineering Ross, Tracia Approved 5/1/2018 - 4:29 PM Engineering Thorson, Eric Approved 5/1/2018 - 4:53 PM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:16 AM ATTACHMENTS: Description Type D Tabulation of Bidders Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirining approval of plans, specifications, form of contract etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted by: Submitted By: Wayne Castle, PLS; PE, Associate Engineer Source of Funds: Road Use Tax 266-07-7400-2161 Page 70 of 172 FY2018 Bridge & Culvert Repairs Zone 8, Contract No. 950 Bid Opening: May 3, 2018 Estimate: $223,225.00 Bid Security Required Bidder Bid Security Bid Amount Cramer & Associates, Inc. 5% 185,335.00 Grimes, IA Peterson Contractors, Inc. 5% 279,040.00 Rembeck, IA Minturn, Inc. 5% 124,676.00 Brooklyn, IA Boulder Contracting 5% 175,740.00 Grundy Center, IA Page 71 of 172 CITY OF WATERLOO Council Communication FY 2018 Sidewalk Repair Program- Zone 8, Contract 948. City Council Meeting: 5/7/2018 Prepared: 5/1/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/1/2018 - 4:55 PM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:21 AM ATTACHMENTS: Description Type D Tabulation of Bidders Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirining approval of plans, specifications, form of contract; etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. _ Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Source of Funds: GO Bonds-417 & 418 Page 72 of 172 FY2018 Bridge & Culvert Repairs Zone 8, Contract No. 950 Bid Opening: May 3, 2018 Estimate: $223,225.00 Bid Security Required Bidder Bid Security Bid Amount Cramer & Associates, Inc. 5% 185,335.00 Grimes, IA Peterson Contractors, Inc. 5% 279,040.00 Rembeck, IA Minturn, Inc. 5% 124,676.00 Brooklyn, IA Boulder Contracting 5% 175,740.00 Grundy Center, IA Page 73 of 172 CITY OF WATERLOO Council Communication Waste Management Administration HVAC Cooling System. City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Waste Management Even, LeAnn Approved 5/2/2018 - 11:09 AM ATTACHMENTS: Description Type D Addendum No. 1 Resetting Date of Public Hearing Backup Material SUBJECT: Public hearing cancelled due to rescheduling bid opening and public hearing_ Submitted by: Submitted By: Brian Rath, Treatment Operations Supervisor. Waste Management Services Page 74 of 172 Kapaun Consulting Engineers, P.C. Professional * Mechanical * Electrical * Engineering Consultants Im P.O. Box 537 138 Eldora Road Hudson, Iowa 50643 Phone: (319)988-9234 Fax: (319)988-9877 E-mail:jkapaun@kcepcia.com Addendum 1 Date: April 30,2018 Project: City of Waterloo, Iowa Waste Water Treatment Plant 2018 Waste Management Admin HVAC Cooling System - Project No. 17-42 1. The bidder shall acknowledge receipt of this addenda on the bid form. 2. This addendum is applicable to the contract work as designated herein, and shall be understood to be a part of, and included in the contract work. 3. The changes designated herein shall supersede the plans and specifications as previously issued 1. Refer to Project Manual. Notice of Public Hearing/Notice to Bidders. a) Change date of' Receiving Of Bids ' from Thursday, May 3 ,2018 until 1:00 p.m.to Thursday, May 17, 2018 until 1:00 p.m. b) Change date of' Opening Of Bids `from Thursday, May 3 ,2018 at 1:00 p.m.to Thursday, May 17, 2018 at 1:00 p.m. C) Change date of' Public Hearing 'from Monday, May 7, 2018 to Monday, May 21, 2018. • Page 1 Page 75 of 172 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in an amount not to exceed $47,000.00 for geotechnical services, easement preparation, and final design for the FY 2017 Hammond Avenue Bridge Replacement over Sink Creek, Contract No. 922, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 5/7/2018 Prepared: 5/1/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/1/2018 - 2:25 PM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:39 AM ATTACHMENTS: Description Type ❑ Cont 922—Supp Agreement No 1 Cover Memo Resolution approving Supplemental Agreement No. 1 with Wayne Claassen Engineering and Surveying; Inc. of Waterloo, Iowa, in an amount not to SUBJECT: exceed $47,000.00 for geotechnical services, easement preparation, and final design for the FY 2017 Hammond Avenue Bridge Replacement over Sink Creek, Contract No. 922, and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Jamie Knutson, PE, Associate Engineer Expenditure Required: $47,000.00 Source of Funds: Storm Water Fees Page 76 of 172 Supplemental Agreement No. 1. to the Hammond Ave. Bridge Replacement Project Professional Service Agreement between the City of Waterloo, Iowa and Wayne Claassen Engineerigg and Surve in Inc. PROJECT: Hammond Avenue Bridge Replacement Project TO: Wayne Claassen Engineering and Surveying,Inc. FROM: City of Waterloo,Iowa You are hereby ordered to make the following changes to the existing Agreement for Professional Services for the Hammond Avenue Bridge Replacement project, dated 10/02/2017 1. Add the following to said existing Agreement: Part III. TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES i 1.1 Basic Services-The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: A. Preliminary Engineering Phase Task 5. Geotechnical Services. This task includes subcontracting two soil borings to determine soil and groundwater conditions for the replacement box culverts and associated roadway construction of Hammond Avenue. Task 6. Easement Preparation. This task consists of surveying and preparing easements for the widened Hammond Avenue and Sink Creek from Hammond Avenue to E. Orange Road. Task 7.Final Design. This task consists of completing the final design of the project consisting of multiple barrel pre-cast reinforced concrete box culverts and associated raising and widening of Hammond Avenue and widening and clean-out of Sink Creek from Hammond Avenue to E. Orange Road. 2. Settlement for cost of work to be made as follows: Increase of $47,000.00 to the Basic Preliminary Engineering Phase of the Page 1 of 2 Page 77 of 172 Agreement. The Basic Preliminary Engineering Phase of the Agreement will be $66,000.00 with this Supplemental Agreement No. 1. 3. All other sections of said existing Agreement remain unchanged. CITY OF WATERLOO WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. APPROVED: c 1 BY: Quentin Hart,Mayor of Waterloo Williar4y Claassen, President ATTEST BY: ATTEST BY: Kelley Felche,City Clerk Denise DeLeon,Secretary �/,)-,7/r� Date Date Page 2 of 2 Page 78 of 172 CITY OF WATERLOO Council Communication Resolution approving the contracts, bonds and certificate of insurance of Parking, Inc. dba Keck, Inc. in conjunction with the Parking Access and Revenue Control System, and related parking lot improvements at the Waterloo Regional Airport, in the amount of$203,564.00, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 5/2/2018 - 11:18 AM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:42 AM ATTACHMENTS: Description Type ❑ Contract, Bond, etc. Backup Material Resolution approving the contracts, bonds and certificate of insurance of Parking; Inc. dba Keck, Inc. in conjunction with the Parking Access and SUBJECT: Revenue Control System, and related parking lot improvements at the Waterloo Regional Airport, in the amount of S203,564.00, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve of the above request by Staff Summary Statement: Approves the contracts, bonds and the certificate of insurance for the parking access and parking equipment replacement project. Expenditure Required: Project and limited number of additive bid items totals $203,564 Source of Funds: Bond funds as approved by City Leadership for the FY-2017 allocation of funds for this project This project complies with Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 2, and Strategy No:2.2; Goal No: 3, and Strategy No: 3.1, 3.3, 3.4 and 3.5; Goal No:4, and Strategy No:4.5 and 4.7. Not Applicable for this request by Staff. Alternative: The City Council formally approved of the bid opening at their meeting on Page 79 of 172 Background Information: Monday, April 30th. Legal Descriptions: Not applicable for this request by Staff. Page 80 of 172 CITY OF WATERLOO,IOWA DBA WATERLOO REGIONAL AIRPORT RFQ—RFP for an Airport Parking Lot Equipment Replacement Projeet FORM OF CONTRACT CONTRACT FOR THE PURCHASE AND INSTALLATION OF A PARKING ACCESS AND REVENUE CONTROL SYSTEM(PARCS) AT THE WATERLOO REGIONAL AIRPORT_CITY OF WATERLOO, IOWA This contract made and entered into this day of e_rt 2018,by and between the City of Waterloo, Iowa,a Municipal Corporation,(hereinafter referred to as City),and t VIN _. of �`�c �6 i c'_ —�, ,(hereinafter referred to as Contractor), WITNESSETH: PAR, I Contractor agrees to build and construct the PURCHASE AND INSTALLATION OF A PARKING ACCESS AND REVENUE CONTROL SYSTEM (PARCS) AND RELATED PARKING LOT IMPROVEMENTS and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship-like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR.2 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. PAR.3 The Contractor agrees to furnish at its own cost and expense,all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference,and to the satisfaction and approval of the City and its Airport Director. PAR.4 The Contractor agrees to perform said work and install said improvements on the ten-ns set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before July I, 20.18, unless an extension of time is granted in writing by the City via the office of the Airport Director. PAR,6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified,the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. 88 Page 81 of 172 CITY OF WATERLOO, IOWA IDBA WATERLOO REGIONAL AIRPORT RFQ—RFP for an Airport Parking Lot Equipment replacement Project PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa,relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness,to see that the backfilling is properly done,and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act,omission or negligence of the Contractor or its agents,or on account of any injuries allegedly sustained by reason of any obstruction,hole,depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail;also,to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the, work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Airport Director, PAR. 14 Any material,which has been rejected by the construction reviewer,shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Airport Director. PAR. I I The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor,material,men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor,material,or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders,which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. 89 Page 82 of 172 CITY OF WATERLOO, IOWA DESA WATERLOO REGIONAL AIRPORT RIFQ—RFP for an Airport Parking Lot Equipment Replacement Project PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty(30)consecutive days without reasonable cause,and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City,or after such notice has been served on it,then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations,and conditions hereof,or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Airport Director's estimates of quantities and the Contractor's unit bid prices,and for which 100%surety bond is required,is$ PAR. 17 After the completion of said work,the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference,this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR.20 The Contractor shall maintain all work done hereunder in good order for the period of two (2)years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two(2)years from the date of its acceptance by said Council,and after having been given ten (10)days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. 90 Page 83 of 172 KECKP-1 OP ID:A CERTIFICATE OF LIABILITY INSURANCE ®ATE[MMf12 18Y) 041®412018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S 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 515-243-2707 CONTACT John Fiala,GPGU Jester Insurance Services,Inc PHONE515-243-2707 FAX 515-243-6862 303 Watson Powell,Jr-Way AJC,No,Ext): (AIC,No): P.O.Box 4779 a-Malt. Des Moines,IA 50305-4779 aooR.Ess____ John Fiala,CPCU INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED Parking Inc dba Keck Parking INSURER EI: PO BOX 93264 INSURER C: Des Moines,IA 50393 INSURER D INSURER F: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF fNSURANCE 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 SEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DOL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR I A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ® OCCUR ENP 001 68 65 04/01/2018 0410112019 DAMAGE To RENTED 500,000 EM SES Ea occurrence)S PRIMARY&NONCONTRIBUTORY MED EXP Any one arson S 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE S 2,000,000 POLICY[7 JE O 171 LOC 11 PRODUCTS-COMP(OP AGG $ 2,000,000 OTHER: I $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X1 ANY AUTO EBA 601 68 65 04/01/2018 04/0112019 BODILY INJURY Per arson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY I NJURYSPer accident $ _ I HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ i A j UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE ENP 001 68 65 04/01/2018 04/0112019 AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY STATUTE FIR _ ANY PROPRIETORIPARTNERlEXECUTIVE YIN ENP 001 68 65 04/01/2018 04/0112419 1,000,000 E.L.EACH ACCIDENT $ �adaoryIn )EXCLUDED? N!A 1,000,000MitNHE,L,pISEA3F-EA EMPLOYEE If yes,describe under 1,000,a(}(} DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LfMIT A Inland Marine I ENP 001 68 65 04/01/2018 04/01/2019 Equipment 122,362 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Proof of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 84 of 172 CITY OF WATERLOO Council Communication Resolution approving Engineering Services Agreement with Wayne Claassen Engineering and Surveying, Inc. of Waterloo, Iowa, in the amount of$22,000.00 for the FY 2018 Waterloo Yard Waste, Water and Sanitary Sewer Extension, Contract 952, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 5/2/2018 - 3:45 PM Resolution approving Engineering Services Agreement with Wayne Claassen Engineering and Surveying Inc. of Waterloo, Iowa, in the amount of SUBJECT: $22,000.00 for the F Y 2018 Waterlo o Yard Waste, Water and S anitary S ewer Extension, Contract 952, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution This project consists of the extension of an 8: diameter water main from the proposed 16" diameter water main along Martin Luther King Jr. Drive near Summary Statement: the Northeast corner of the City's anaerobic lagoon site to the proposed maintenance building at the Waterloo Yard Waste Site and the extension of sanitary sewer service to said proposed building site. Expenditure Required: $22,000.00 Source of Funds: Sanitation Funds - 525-15-5400-2152 Policy Issue: Strategy 4.5 - Maintain and develop community services and city facilities that support quality of place. Background Information: Water is needed for the anaerobic lagoon area and the yard waste site. Page 85 of 172 CITY OF WATERLOO Council Communication Ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic-Control Devices, by adding Subsection(58a) Dubuque Road and Osage Road- Full Actuated. City Council Meeting: 5/7/2018 Prepared:4/25/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 4/25/2018 - 11:32 AM Motion to receive.file, consider and pass for the second time an Ordinance amending the 2008 Traffic Code, Section 540- Obedience to Official SUBJECT: Traffic-Control Devices, by adding Subsection(58a) Dubuque Road and Osage Road- Full Actuated. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Adopt Ordinance Traffic Signal Improvements - covered by a IDOT safety grant which Summary Statement: includes signalization and railroad pre-emption and advanced end of green warning system. Policy Issue: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. The intersection experiences a high number of crashes which include injury accidents. All of the injury crashes have been involved in stop sign violation. Background Information: Many of the stop sign violators indicated that they just didn't notice the traffic on Dubuque Road. The pending improvements should improve the situation. Page 86 of 172 CITY OF WATERLOO Council Communication Request by Embankment, LLC to rezone 0.87 acres from"R-4, C-Z" Multiple Residence Conditional Zoning District to "C-2" Commercial District for construction of a multi-tenant retail center located west of 1203 West Ridgeway Avenue. City Council Meeting: 5/7/2018 Prepared:4/10/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 4/25/2018 - 11:14 AM Clerk Office Even, LeAnn Approved 4/25/2018 - 11:34 AM ATTACHMENTS: Description Type ❑ Staff Report Cover Memo D Overview Map Cover Memo D Aerial Map Cover Memo ❑ Site Plan Cover Memo ❑ Pictures Cover Memo ❑ Application Cover Memo ❑ Conditions Sheet Cover Memo Motion to receive, file, consider and pass for the second time an ordinance amending Ordinance No. 5079, as amended. City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4- SUBJECT: 4, approving rezoning .087 acres from from"R-4, C-Z"Multiple Residence Conditional Zoning District to "C-2" Commercial District for construction of a multi-tenant retail center. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The applicant is requesting to rezone 0.87 acres of land from"R-4, C-Z" Multi-Family Residence Conditional Zoning District to "C-2" Commercial Zoning District in order to construct a 7,513 square foot multi-tenant retail center with two drive through lanes located west of 1203 West Ridgeway. The lot in question was rezoned from"R-4"Multiple Family Residence District to "R-4, C-Z"Multi-Family Residence Conditional Zoning District on April 5, 2000 in order to allow a financial institution at the location. That financial institution closed in approximately 2010 and the landowner attempted to find another financial institution to locate to the building since Page 87 of 172 that time to no avail. The applicant subsequently demolished the building in 2017. In 2015 Casey's requested a site plan amendment to build a convenience store at the location however, at the September 1, 2015 meeting the Planning, Programming, and Zoning Commission tabled the request so a traffic impact study could be completed. The request was subsequently dropped by Casey's Marketing. The applicant is now requesting a rezone, with conditions, in order to construct a 7,513 square foot retail center. The site plan submitted by the applicant shows up to 5 individual retail spaces two of which would have drive-thru lanes. The applicant is proposing that the following businesses would not be allowed in the retail center: convenience store/car wash, gas station, bar, grocery store, laundromat, adult businesses, and theaters. Note: a liquor store/non-limited establishment would not be permitted due to the proximity to protected uses (residential houses). The proposal for the retail center shows parking for 36 vehicles. The Zoning Ordinance requires one space for every 200 square feet for retail which would require only 30 parking spaces. However, the Ordinance notes that the parking minimums only take into account space that will actually be used by customers therefore the 36 parking spaces appears to be adequate for the site Summary Statement: although it would need to be evaluated when actual building plans are submitted for building permit review. Other uses such as restaurants space, could require additional parking. Planning staff sees this location as a transitional location from the surrounding residential and professional offices to the commercial site. Located at Ansborough& Ridgeway intersection, the Land Use Map recognizes this location for neighborhood commercial. With the conditions in place, as proposed by the applicant, this would appear to be a viable development location. The applicants has agreed to conditions, and an attached conditions sheet is provided. In addition to those conditions, it will be a condition for the property owner to install sidewalk along West Ridgeway Avenue and Ansborough Avenue, but said condition will only be applicable if a traffic study of Ridgeway Avenue is completed by the City of Waterloo and if sidewalk is considered appropriate by the results of that traffic study. The Traffic Department has reviewed the traffic data, logistics, and proposed use of the site. To effectively serve traffic to and from the site, it is recommended that the westerly driveway off of Dixon be designated as exit- only and the easterly driveway off of Dixon be designated as enter-only. This would help ease traffic movements closer to the Ansborough/Dixon intersection. During Tech Review Engineering stated that the two driveways from Dixon that traffic requested be enter and exit only be narrowed up to ensure that drivers do not get confused and think that they are two way. Also a left turn lane from southbound Ansborough Avenue to Dixon Drive will need to be looked at by the city. Page 88 of 172 At their April 3, 2018 meeting, the Planning, Programming, and Zoning Commission unanimously recommended approval of the rezone 6-0 with one abstaining due to conflict of interest. Expenditure Required: None Source of Funds: N/A Goal 1: Support the creation of new, livable wage jobs though a balanced Policy Issue: economic development approach of assisting existing businesses, foster start-ups, attracting new employs and cultivating an adequate workforce. Alternative: N/A Legal Descriptions: DIXON PLACE FOURTH ADDITION LOT 66 LOT 67 LOT 68 Page 89 of 172 April 3,2018 REQUEST: Request by Embankment LLC to rezone 0.87 acres from "R-4, C-Z" Multiple Residence Conditional Zoning District to "C-2" Commercial District for construction of a multi-tenant retail center located west of 1203 West Ridgeway Avenue. APPLICANT(S): Embankment LLC, 549 Sunset Road, Waterloo, Iowa 50701 GENERAL The applicant is requesting to rezone 0.87 acres of land to DESCRIPTION: allow construction of a 7,513 square foot multi-tenant retail center located west of 1203 West Ridgeway Avenue (southeast corner of Ansborough and Ridgeway). SURROUNDING The request to construct the new retail center would not LAND USES AND appear to have a negative impact upon the surrounding area if IMPACT ON proper conditions are placed upon the request. NEIGHBORHOOD: VEHICULAR & The site is served by West Ridgeway Avenue and Ansborough PEDESTRIAN Avenue, both of which are classified as Minor Arterials. Dixon TRAFFIC Drive is located immediately south of the site and is classified CONDITIONS: as a Local Street. The site plan shows revitalization of the three existing driveways, two on Dixon Drive and one on West Ridgeway Avenue being used as access points. On September 1, 2015 Casey's Marketing requested a site plan amendment to construct a convenience store at the site. A traffic impact analysis was completed by the applicant's engineer after the September 1, 2015 Planning and Zoning Commission meeting where the request was tabled, and the conclusion of that report was that there would be traffic impacts created by the new convenience store. The report notes that surrounding street network will operate at a Level of Service (LOS) of C or better in PM peak hours, and it is anticipated that the Casey's development would have generated an additional 38 vehicle-trips during the PM peak hour and a total of 226 vehicle-trips during the PM peak hour. The report noted that a westbound left-turn lane was not warranted at the intersection of Dixon Drive onto Ansborough Avenue, nor from West Ridgeway Avenue into the proposed Casey's General Store. The report also made a recommendation of expanding West Ridgeway Avenue 4.5' on each side to have a 49' wide street across the length of the proposed Casey's site and 100' beyond to accommodate the 95% queue distance and then a 40', 10:1 taper back to the 40' section, allowing for easier maneuverability and better sight distance. The report also stated that a median could be considered along Ansborough Avenue through Dixon Drive, at a future date, if an issue persists. For the previous request, the City Traffic Engineer commented that the proposed Casey's development would have a negative impact on adjacent traffic operations based on the submitted traffic impact analysis, and recommended that Rezone W.of 1203 Ridgeway Page 1 of gage 90 of 172 April 3,2018 different traffic mitigation plans should be evaluated, specifically looking at adding a short turn-lane from southbound Ansborough Avenue left onto Dixon Drive. The Traffic Engineer noted that there were multiple options for increasing adjacent traffic capacity by either adding left turn- lanes on West Ridgeway Avenue, adding a right turn-lane on Ansborough Avenue for westbound West Ridgeway Avenue, or by adding through lanes on both the approach and departure sides of the intersection along Ansborough Avenue. The applicant for the current proposed development is not proposing any additional traffic studies. RELATIONSHIP TO The City of Waterloo has adopted a Complete Streets Policy, RECREATIONAL and it is the intent of that policy to fill sidewalk gaps as TRAIL PLAN AND development occurs. There is sidewalk located directly across COMPLETE STREETS the street on the west side of Ansborough Avenue, which POLICY: connects to nearby retail development to the north. There is currently a traffic study under way looking at the future of Ridgeway Avenue so any action for sidewalks on Ridgeway will be deferred until the study is completed. Staff is examining the possibility of sidewalks being required on Ansborough and Dixon. The nearest recreational trail is approximately one third of a mile to the west at the intersection of West Ridgeway Avenue and West 4t" Street. ZONING HISTORY The area in question was rezoned from "R-4" Multiple FOR SITE AND Residence District to "R-4,C-Z" Conditional Zoning District on IMMEDIATE VICINITY: April 5, 2000 to allow for the use of the existing building to change from professional office to a financial institution. The surrounding uses and their zoning are: North — Single-family dwellings zoned "R-1" One and Two Family Residence District. South — Multiple family residences (3 Eight-plexes), zoned "R- 3" Multiple Residence District. East— Professional office development (Short's Travel), zoned "R-4" Multiple Residence District. West—Walnut Ridge Baptist Church, zoned "R-3" Multiple Residence District. To the northwest is the Family Video multi- tenant retail center zoned "C-1" Neighborhood Commercial. BUFFERS The applicant's site plan notes that there are existing trees REQUIRED/ NEEDED: between the proposed development and the multi-family housing located on the south side of Dixon Drive. DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. DEVELOPMENT The surrounding area consists of a mix of residential Rezone W.of 1203 Ridgeway Page 2 of gage 91 of 172 April 3,2018 HISTORY: development ranging from single family dwellings to the north and multiple-family dwellings to the south, which were constructed in the 1950s and 1960s. There is also some professional offices nearby, with the most recent being constructed in 2000 and the Family Video retail development built in 2004. FLOODPLAIN: No portion of the area in question 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 0282F, dated July 18, 2011. PUBLIC /OPEN Waterloo Christian School is located directly across the street SPACES/ SCHOOLS: at Walnut Ridge Baptist Church. Lou Henry Elementary and Hoover Middle Schools are located approximately 0.79 miles to the southeast; West High School is located 1.26 miles to the east. Sulentic Park is located a '/z mile to the south along the west side of Ansborough Avenue. UTILITIES: WATER, There is an 8" sanitary sewer located in both Ansborough SANITARY SEWER, Avenue and Dixon Drive. There is a 15" storm sewer located STORM SEWER, ETC. in Ansborough Avenue and West Ridgeway Avenue, and an 18" storm sewer within Dixon Drive to the south. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Residential: Low, Medium, High Density Residential, LAND USE PLAN: Professional Offices; Neighborhood Commercial. The proposed rezone would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to rezone 0.87 acres of land from ZONING "R-4, C-Z" Multi-Family Residence Conditional Zoning District ORDINANCE: to "C-2" Commercial Zoning District in order to construct a 7,513 square foot multi-tenant retail center with two drive through lanes located west of 1203 West Ridgeway. The lot in question was rezoned from "R-4" Multiple Family Residence District to "R-4, C-Z" Multi-Family Residence Conditional Zoning District on April 5, 2000 in order to allow a financial institution at the location. That financial institution closed in approximately 2010 and the landowner attempted to find another financial institution to locate to the building since that time to no avail. The applicant subsequently demolished the building in 2017. In 2015 Casey's requested a site plan amendment to build a convenience store at the location however, at the September 1, 2015 meeting the Planning, Programming, and Zoning Commission tabled the request so a traffic impact study could be completed. The request was subsequently dropped by Casey's Marketing. The applicant is now requesting a rezone, with conditions, in Rezone W.of 1203 Ridgeway Page 3 of gage 92 of 172 April 3,2018 order to construct a 7,513 square foot retail center. The site plan submitted by the applicant shows up to 5 individual retail spaces two of which would have drive-thru lanes. The applicant is proposing that the following businesses would not be allowed in the retail center: convenience store/car wash, gas station, bar, grocery store, laundromat, adult businesses, and theaters. Note: a liquor store/non-limited establishment would not be permitted due to the proximity to protected uses (residential houses). The proposal for the retail center shows parking for 36 vehicles. The Zoning Ordinance requires one space for every 200 square feet for retail which would require only 30 parking spaces. However, the Ordinance notes that the parking minimums only take into account space that will actually be used by customers therefore the 36 parking spaces appears to be adequate for the site although it would need to be evaluated when actual building plans are submitted for building permit review. Other uses such as restaurants space, could require additional parking. Planning staff sees this location as a transitional location from the surrounding residential and professional offices to the commercial site. Located at Ansborough & Ridgeway intersection, the Land Use Map recognizes this location for neighborhood commercial. With the conditions in place, as proposed by the applicant, this would appear to be a viable development location. The Traffic Department has reviewed the traffic data, logistics, and proposed use of the site. To effectively serve traffic to and from the site, it is recommended that the westerly driveway off of Dixon be designated as exit-only and the easterly driveway off of Dixon be designated as enter-only. This would help ease traffic movements closer to the Ansborough/Dixon intersection. During Tech Review Engineering stated that the two driveways from Dixon that traffic requested be enter and exit only be narrowed up to ensure that drivers do not get confused and think that they are two way. Also a left turn lane from southbound Ansborough Avenue to Dixon Drive will need to be looked at by the city. At their April 3, 2018 meeting, the Planning, Programming, and Zoning Commission unanimously recommended approval of the rezone 6-0 with two abstaining due to conflict of interest. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: Rezone W.of 1203 Ridgeway Page 4 of gage 93 of 172 April 3,2018 STAFF Therefore, staff recommends that the request for rezoning of RECOMMENDATION: land from "R-4,C-Z" Multiple Family Residential Conditional Zoning District to "C-2" Commercial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The proposed building can be served by the extension of existing utilities in the area. 4. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 5. The lot is at a high visibility intersection that has remained vacant for several years as the applicant has attempted to fill the existing building to no avail. And subject to the following condition(s) 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2. The following businesses types will not be permitted: convenience store/car wash, gas station, liquor store, bar, grocery store, laundromat, adult businesses or theaters. 3. That the east driveway of Dixon be Enter only and the west driveway of Dixon be Exit Only, and the drives narrowed for one way traffic. 4. Parking along the west side of the property be angled. 5. A 10-foot easement is established along the east property line for utilities. 6. Sidewalks on Ridgeway and Ansborough will be deferred until the City of Waterloo Traffic Department completes its traffic study of Ridgeway Avenue and a sidewalk on Dixon will not be required. Rezone W.of 1203 Ridgeway Page 5 of gage 94 of 172 City of Waterloo Planning, Programming and Zoning Commission April 3, 2-o18 LII IIIII_ BYRNBRAE ST z P_IONEER RD- R-2co ° JOtv�' �JONSHIRE_DR DEVONSHIRE DR p W m' O m � � B R-1,R-P ? PRESLEY CIF 2 AG \BERKSHIRE RD w R-3 R-P �sF -s� JANE ST m �' �F wU_PRESLEY � RD BERKSN CL PATRICK C PATRICK �P� \\PP ULINE PL_R_1 ING RD LR-3,C,Zco LU - J cno 0 C J PAULINE PL co O 2 cr_ m �LILLIAN LN a / z o W.RID EWAYAVE W. RIDGEWAYAVE W. RIDGEWAYAVE �W.RIDGEWAY AVE ` - -- R-4, - F_ R-3 N DR-4 DL�Nlz >; O �. Ct1 9� R,41 ' COBBLESTONE CIRi -W W co W cai� —LU— CZE P� ��� i F::__pE z' c, cow –w c GHQ o �� ;� _ o�. o'r w C/)— R_. a w � Q, t ER �' HILLTOP RD FHILLTOP RDS C Wco cr- ,LU m ° a_ 2�, 01 LL' rci �' w 0_Z_ Q LANTERN V�"-' DOW LNLMEADOWLN-MEADOW LN� O RACHAp rn m Z, cr- � O ST z cj . o'. o R-3 'm z, z Z' _ m RIDGEMONT RD RACHAEL ST cc 2Lu' op z Z O �Q -� c) w z ? 04 cl) c/,� N West of 1203 West Ridgeway Avenue WE Rezone from "R-4, C-Z" to "C-2" Embankment LLC 0 0.05 0.1 0.2 Miles • Page 95 of 172 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 cn t � r � z — �.•'. - �-` I 1203 West Ridgeway W. RIDGEWAYAVE. . RIDGEWAYAVE RIDGE WAY AVE W. Proposed Rezone Area = I I i 1, r � 1 � 2 �• COBBLESTONE CIR U ce U cclW W 00 M LU m m N West of 1203 West Ridgeway Avenue W E Rezone "R-4, C-Z" to "C-2" s Embankment LLC 100 50 0 100 Feet Page 96 of 172 T I ietlng Tree ........... � S A KIFA P ING L � f �;�„6'•k a., 36 Parking Stalls " Mon um t —a Sign _ 205'-1e LI' Mi . Pro Posed Structure i:::;3' i x ref'a 4TH A d D V;. E :LL �—E t f ng Ten n`Space T nanl spaco Tenan�l`stoat TnanY 5'pace iB�rem spaCB #k �., .. ' • Retail Development - Enbankment LLC F-M h t s Mph-- Ansborough&Ridgeway A R c H I T e c T S Page 97 of 172 Pictures — West of 1203 Ridgeway v {yfJ� Picture 1 Looking northwest toward the intersection of West Ridgeway and Ansborough Picture 3 Looking north along Ansborough � v Picture 2 Looking northeast toward Ridgeway from Dixon Picture 4 Looking eat along the center of the property Page 98 of 172 SA�orLEASE ii Picture 5 Looking southwest from the corner of Picture 7 Looking northwest from the corner of Ansborough and Ridgeway toward Dixon Ansborough and Ridgeway IM,W. , Picture 6 Looking south along Ansborough from Picture 8 Looking east along West Ridgeway Ridgeway Page 99 of 172 Y� Y Via(` t � ph - "�',I. .__ -.-s n!ilJ1 it P► " '�wl�. w, rcv wvum • 1 1 r r I I I I I • • r 1 I I r r1 w 1 r r • I I r 1 1 I r I r I APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION - WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name(please print): EMIt1QgWYe-H�,U.C_ te- Address:_ 6RO� Phone: ax: City: Watcrrloo State: =+k Zip: 50-701 b. Status of applicant: (a)Owner (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): "'5aW47- as Qbo%m Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 44S� COrin2trEs��t (,'I�YQ't'�wtrrt ' J b. Legal description of property to be rezoned: Lv&5 /eb t b`7, amid (r- ' Places Z;Lw-t1-_ Pvch in, c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): p X 15,;)L mil d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: R4-C`Z— Requested zoning:_ C=2. f. Reason(s)for rezoning and proposed use(s)of property: 4p rmAe1►z/CJD -tom e6r g. Conditions(if any)agreed to: St -lcAe4, Ht tea CdweC� S6u-E S Bari . jgmrk s6r- . 1gAu.Am rvz6—, act"�L--Nusgwnc ,s -! . h. Other pertinent information(use reverse side if necessary): Please Note: if applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300 +$10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming, and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of pet jury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. �G � - .+L t,�l' �v ✓ �` � �'� �iJ��.�/�'.r�e.J � SLG Signature of Ap lica Date Signature of Own r Date Page 101 of 172 Prepared By:Aric A.Schroeder.City of Waterloo.715 Mulberry Street,Waterloo,IA 50703—(319)291-4366 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS,the owners of property in the City of Waterloo currently zoned"R-4,C-Z"Multi-Family Conditional Zoning District and requested to be zoned"C-2"Commercial District,and also commonly known as West of 1203 Ridgeway,and legally described as: See Attached Exhibit"A" HEREBY agree to the following conditions on the above-described property: 1. The following businesses types will not be permitted:convenience store/car wash,gas station,liquor store,bar,grocery store,laundromat,adult business or theater. 2. That the east driveway of Dixon be Enter only and the west driveway of Dixon be Exit Only,and the drives be narrowed for one way traffic. 3. Parking along the west side of the property be angled or one way traffic. 4. A 10-foot easement be established along the east property line for utilities. NOW THEREFORE,it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission,for its recommendation to the City Council who will review and approve the proposed change to the above-described property. These conditions have been placed on the above-described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant,I(we)herein declare that the following conditions shall govern the entire property as described above,which restrictions shall run with the land and be binding on the successors,heirs and assigns,and herein agree: 1)that these conditions shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No.5079 and the City of Waterloo Subdivision Ordinance No.2997,however each subdivided part thereof shall be subject to the terms of these conditions,2)that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. Agreed to this day of ,2018 For Embankment LLC By: Dennis Hogan Its: On this day of ,2018,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Dennis Hogan,to me known to be the identical person(s)named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. SEAL Notary Public in and for the State of Iowa Original Recorded Form to be returned to: Waterloo Planning and Zoning Department 715 Mulberry St,Waterloo[A 50703 Page 1 of 1 Conditions of Zoning—West of 1203 Ridgeway Page 102 of 172 CITY OF WATERLOO Council Communication Request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1"Agricultural District to "R-2" One and Two Family Residence District, directly adjacent to 5050 Foullc Road. City Council Meeting: 5/7/2018 Prepared:4/10/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 4/25/2018 - 11:14 AM Clerk Office Even, LeAnn Approved 4/25/2018 - 11:36 AM ATTACHMENTS: Description Type D Foulk Rd Rezone -Al to R2 Cover Memo Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended. City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- SUBJECT: 4-4, approving a rezone of certain property, located adjacent to 5050 Foullc Road. Motion to suspend the rules. Motion to consider and pass for the thud time and adopt said Ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted is a request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from"A-1"Agricultural District to "R-2" One and Two Family Residence District, directly adjacent to 5050 Foullc Road. Rezoning the properties to "R-2" One and Two Family Residence district to allow for new home construction would be compatible with already existing residential development in the area. The minimum lot requirements for a single-family home in the"R-2" One and Two Family Residence District is lot size of 6,000 SF, lot width of 50' and front, side and rear setbacks of 20', 5' and 20'. It should be noted that the front yard setback for a home built on these two lots would need to meet the average setbacks of abutting homes. The houses at 5050 and 5072 Foullc Road appear to have front yard setbacks of 53' to 56', however, the Zoning Ordinance states that the required front yard setback need not exceed 50'. For a two family dwelling, the minimum lot requirements is a lot size of 8,000 SF, lot width of 70' and Summary Statement: the setbacks are the same as what is required for a single-family home. Page 103 of 172 The north lot is 131'x 182' with a lot area of 23,842 SF (0.54 acres) and the south lot is 120'x 182' with a lot area of 21,840 SF (0.50 acres) The two lots in question well exceed the minimum lot requirements for the"R-2" One and Two Family Residence District. The two lots also well exceed the minimum lot requirements for the"R-1" One and Two Family Residence District, which has larger lot size and setback requirements, however, with nearby properties zoned"R-2" One and Two Family Residence District, staff felt it was appropriate to stay consistent with existing zoning in the area. The two lots in question is located within the Zone-AE 100 Year Floodplain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0309F, dated July 18, 2011. The Base Flood Elevation(BFE) for this particular location is approximately 835' above Mean Sea Level. A home can be built in the 100 Year Floodplain, however, the lowest floor elevation(including basements) shall be at least 1' above the BFE. At their April 3, 2018 meeting the Planning and Zoning Commission voted unanimously to recommend approval the rezone request. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning and Land Use Background Information: Legal Descriptions: See attached Exhibit"A" Page 104 of 172 April 3,2018 REQUEST: Request by the City of Waterloo to rezone two lots of 0.50 acres and 0.54 acres for a total of 1.04 acres from "A-1"Agricultural District to "R-2" One and Two Family Residence District, directly adjacent to 5050 Foulk Road. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. GENERAL The applicant is requesting to rezone the properties in question to DESCRIPTION: a residential zoning designation to allow the lots to be developed for new home construction. IMPACT ON The request would not appear to have a negative impact upon the NEIGHBORHOOD & surrounding neighborhood and land use in the area as the area SURROUNDING primarily comprises of residential development, with the exception LAND USE: of agricultural uses to the north of East Shaulis Road. VEHICULAR & The area and lots are served by Foulk Road from the north and PEDESTRIAN south and East Shaulis Road from the east and west. Both of TRAFFIC these roadways are classified as Local Streets and the CONDITIONS: development of the two lots for new home construction would not appear to have a negative impact upon vehicular traffic or pedestrian conditions in the area. RELATIONSHIP TO This area is not served by public sidewalk, however the Cedar RECREATIONAL Valley Nature Trail is located approximately 2,000' to the east of TRAIL PLAN AND this location just outside the city limits in unincorporated Black COMPLETE STREETS Hawk County. There are plans to extend a recreational trail along POLICY: the south side of East Shaulis Road that would connect with the Cedar Valley Nature Trail. There appears to be potential to extend sidewalks in this area in the future, and that would appear to meet the Complete Streets Policy. ZONING HISTORY The area in question is zoned "A-1 Agricultural District and has FOR SITE AND been zoned as such since the adoption of the Zoning Ordinance in IMMEDIATE VICINITY: February of 1969. Surrounding land uses and their zoning are as follows: North —Agricultural uses, zoned "A-1"Agricultural District. South — Single-family residences, zoned "A-1"Agricultural District. East — Single-family residences, zoned "A-1"Agricultural District West — Lloyd Randall Park, zoned "A-1"Agricultural District and "R- 2" One and Two Family Residence District. The house located between the two lots in question at 5050 Foulk Road was zoned "R-2,C-Z" in November of 1992 to allow for the home to be partially used as a taxidermy shop. Staff is unaware if that residence still has a taxidermy shop, and if an owner proposed to change that use to another use, they would have to go through a review process to amend the conditions placed on the property in 1992. DEVELOPMENT The area is comprised of agricultural and residential uses with the houses being constructed in the 1960s and 1970s. The proposed Adj to 5050 Foulk Rd—Al to R2 PcQ6165of 172 April 3,2018 HISTORY: use of the two lots for new homes would appear to be compatible with existing residential development in the area. BUFFERS/ SCREENING No buffers would be required as a part of this rezoning request. REQUIRED: DRAINAGE: The rezoning request would not appear to have a negative impact upon drainage in the area. FLOODPLAIN: The two lots in question are located within the Zone-AE 100 Year Floodplain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0309F, dated July 18, 2011. Within the meeting packet are two pictures from the 2008 Flood that show both lots not being inundated by any flood waters. It is the intent of the City of Waterloo to file for a Letter of Map Amendment (LOMA) on both properties to remove them from the floodplain. The Base Flood Elevation (BFE) for this particular location is approximately 835' above Mean Sea Level. If no LOMA were filed on the properties, a home can still be built in the 100 Year Floodplain, however, the lowest floor elevation (including basements) shall be at least 1' above the BFE. PUBLIC /OPEN Lloyd Randall Park, which is 15.91 acres, is located directly to the SPACES/ SCHOOLS: west of the two lots in question. There are no schools within the nearby vicinity. UTILITIES: WATER, There are 12" sanitary sewers located within both Foulk Road and SANITARY SEWER, East Shaulis Road, and there is a 30" storm sewer located in Foulk STORM SEWER, ETC: Road. There is a 12" water main in Foulk Road and 16" water main in East Shaulis Road. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential, which equal approximately six housing units per acre, LAND USE PLAN: and the proposed rezone request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area. The area is located within the Primary Growth Area and it is located near existing sewer and water, a developed transportation network and it is adjacent to existing residential development. The proposed rezoning request would appear to be in line with Land Use Goals 4, 7 and 13. STAFF ANALYSIS — Rezoning the properties to "R-2" One and Two Family Residence ZONING district to allow for new home construction would be compatible ORDINANCE: with existing residential development in the area. The minimum lot requirements for a single-family home in the "R-2" One and Two Family Residence District is a lot size of 6,000 SF, lot width of 50' and front, side and rear setbacks of 20', 5' and 20'. It should be noted that the front yard setback for a home built on these two lots would need to meet the average setbacks of abutting homes. The houses at 5050 and 5072 Foulk Road appear to have front yard setbacks of 53' to 56', however, the Zoning Ordinance states that Adj to 5050 Foulk Rd—Al to R2 PcQ6 466 of 172 April 3,2018 the required front yard setback need not exceed 50'. For a two family dwelling, the minimum lot requirements is a lot size of 8,000 SF, lot width of 70' and the setbacks are the same as what is required for a single-family home. The north lot is 131'x 182' with a lot area of 23,842 SF (0.54 acres) and the south lot is 120'x 182' with a lot area of 21,840 SF (0.50 acres) The two lots in question well exceed the minimum lot requirements for the "R-2" One and Two Family Residence District. The two lots also well exceed the minimum lot requirements for the "R-1" One and Two Family Residence District, which has larger lot size and setback requirements, however, with nearby properties zoned "R-2" One and Two Family Residence District, staff felt it was appropriate to stay consistent with existing zoning in the area. Lloyd Randall Park was deeded to the City of Waterloo in March of 1974 and the two lots in question were split off from the park in 2006. Since these two lots were created after the adoption of the Zoning Ordinance in 1969, they are not considered Lots of Record, so the rezoning to a residential use is required to allow for new homes to be constructed upon them. If the two lots were Lots of Record, meaning they existed as is prior to the adoption of the Zoning Ordinance, the two lots could be built upon and a rezoning would not be necessary. STAFF ANALYSIS — SUBDIVISION There is no platting requested with this item. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone two RECOMMENDATION: properties of 0.50 and 0.54 acres, for a total of 1.04 acres of land from "A-1"Agricultural District to "R-2" One and Two Family Residence District, located to the north and south and abutting 5050 Foulk Road, be approved for the following reasons: 1. The rezoning request would not appear to have a negative impact on the surrounding area, and the proposed residential zoning district would be consistent with residential development in the area. 2. The request would not appear to have a negative impact upon pedestrian or traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. 4. Rezoning the land to a residence district will create two buildable parcels for new home construction. Adj to 5050 Foulk Rd—Al to R2 PcQ6167 of 172 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 A-1 BEST BELLE S' m r r m CREST IDGE DR OAK RIDGE OAK RIDGE RD J ., Oq rlu m-!! 00 � Y C-2 U j O C°I,C=Z -M-1 A-1 W R-2 A-1 E.-SHAULIS RD R-1 Rr1 0�� ,- ELLUZ SIL]E'Q�` cTo R-3;R-P SUBURBAN DR R-4 218 0 CHICO DR 21s A-1 � � J LO NORTHAVE v Z\E C-2 bA �c ��•�,�-�vJko (. 0� I:R NOL���R���� �GOr �U o`MCKELLARRD a N RyQIGb���?DD TUL�I+PfiL IN K Z.INS J U ING I KIPUN�O JSP co I4I[ECLLING ELLINGTO_N,ST�ING� D MVI0�1 R M -BRISTOL'RD"BRISTOL"RD O`R O V SNE. 0�7NGE_iW'��QJQFrORANGE N Adjacent to 505o Foulk Road w E Rezone from "A-1" to "R-2" s City of Waterloo 0 0.125 0.25 0.5 Mils • Page 108 of 172 City of Waterloo Planning, Programming and Zoning Commission April 3, 2M8 - o Y J O M r. S� 1 I t Ili, E. SHAULIS RD E. SHA ULIS RD d " Proposed Rezone Area 5050 Foulk Road Proposed Rezone Area f 6 I �ti 4..k r ANA 9: < N Adjacent to 505o Foulk Road w E Rezone "A-1" to "R-2" s City of Waterloo 150 75 0 150 Feet Page 109 of 172 City of Waterloo Planning, Programming and Zoning Commission April 3, 2018 Legend j City LOMA's t FLOODWAY FLOODWAY 07/18/11 DFIRM FLOODPLAIN J "w FLOOD ZONE Q 0.2 PCT ANNUAL CHANCE FLOOD HAZARD A AE ®AO X PROTECTED BY LEVEE E. SHAULIS RD E. SHAULIS RD Proposed Rezone Area 5050 Foulk Road < � Proposed Rezone Area r t � vQ J ,V N Adjacent to 505o Foulk Road w E Rezone "A-1" to "R-2" s City of Waterloo 150 75 0 150 Feet Page 110 of 172 r 98 N M N O i n C N N ti 90 1- N O M O C) XN CD r�) IIS/j O co � r 0a.`/ V NO �+ )— Md (II t � $ ` 1 • a fi T t O W w W��_ O J Qw Q'W pQ � w .4s4F1. fOw Y w 5w� Z3ioFw nue w 3WQ� " �zm337 y p 2 W 2 F Q OJ �..♦ � FfUQ W Qy WaM,mHY=N wacW�8o �/■ F O J H 3 Q J v' 26�p W=y W y�1'yQ~K IV Jl �.' o�mppyw W <ww3 .o 7a t /� =oX g, "AAii w33 E Page 1 of 2 y Document Number: 2007009175 KESS&-ASSOCIATES I Date: Oct 20,2006 4:30:00 pm Aud Fee: 0.00 Rec Fee: 10.00 P /Y,.// Trans Tax: 0.00 Rec Management Fee: 1.00 J E-Com Fee: 1.00 Non-Standard Page Fee: 0.00 MAP FILED IN MAP DRAWER Z Filed for record in Black Hawk County,Iowa Patricia S.Sass,County Recorder KIRK D. ESCHLIMAN, P.L.S., IA. LIC. NO. 9961, 723 BROADWAY STREET, WATERLOO, IA. 50703 PHONE: 319-234-0509 (DRAWING: O6B83PS1.OWG) GRAPHIC SCALE • DENOTES ASSUMED BEARING "�• DENOTES SURVEY MONUMENT FOUND FD.CqU NT 0 60 120 V DENOTES 1/2'IRON PIN&CAP SET (NOO-45'09'W) EAST MONUMENT 0.00' DENOTES RECORD DIMENSION SEC 07,TSBN,R12W (0.00') DENOTES FIELD DIMENSION 111.NOAREBAR SW 1/4, SEC. 08 ��o (in feet ('.32398') R ASPHALT HE (NOW.5.09•W) COR.SE 1/4,BE 1/4 T88N, R12W �,� PLk" SEC 07,788x,R12W — — — — SE 1/4, SEC_07, T88N, R12W — — — — — — — (2.548.34') EAST SHAULIS ROAD (N2'-'532') BBAY30' (58997.15"10) n CENTERUNE 66 FT.PUBLIC RIGHT OF WAY _ I —_ NgtM 1/!CORNER ��EAST LINE NE 1/4,SEC 18.788.R12W.q1Y OF WATERLOO,BUCK NAM(CWNTY,IOWA SE7 NAC NAIL NOR I/4 CORNER SEC 18,TBBN,R12W INE ASPHALT"OA` SEC,17,TBBK R12W FOUND CONCRETE (N89'17'15"E) r T NOA RESAR NORTHEAST CORNER FOUND PON PRE IN GRANULAR W.P.A MONUNENT (181.52') *'O.°-9981[* SEG 14 1881,R12W SURFACED ROAD 0.7 FT.ABOVE GRWND SET N0.1 REBAR FOUND 10' PARCEL 100' 100' W/YIILOW 0.CAP _IS Fi.RECREARON iXA'L EASEAIERT __(�EN67W I SET N0.1 IEIAI &CA 10WA-9981' 15 FT.SWM W/YE110W ICRP r PARCEL "B", NE 1/4`°" `�T 1( > z W SEC. 18, T88N, R12W r CITY OF WATERLOO, m Ga pR� BLACK HAWK COUNTY "$ a :P 0- STATE OF IOWAI o b x Ey" 3 ❑ W Q Z PARCEL'8'AREA: rf E, O 23,1181.4 SO.FT. U I 0.548 AMES u-a W WUO a +- - - - - - - - � ' - - a - - - a E••'I TO.10.OPEN RPE 181.5' (181.50') ramp LO' FOUND 1.0' W�LLOW 4.CAP (N89'49'39"Mn CLIPPED PIPE OPEN WE d UC.N0.7887 W/0 O.CAP Q W/0 ID.CAP [1 F+ '� C) 0 I 0.05 FT.EAST 0.10 FT.EAST Q gl� IL FT.WEST z a a o x F o W o I PART OF LOT 27 a e� F" >4 x H °' TRIANGLE TERRACE x o a (C.L.D. BOOK 675, PAGE 604) 8` A -. - & IDO' oo' CQ U v N p W Wx0 Lo' nPPFO PPE FOUND 1.0'(S89 �A d K rg1N0 1.0' O W 0 m.CAP 81.5, 181,5) CLIPPED CAPPRE H OPEN WE FO.31 FT.EAST181,5' (181,50') Nj IF 10.W O.IB FT.EAST u 0.47 FT.WEST PARCEL "C", NE 1/4 LOT 11 w; I SEC. 18, T88N, R12W 3 n m CITY OF WATERLOO, S,sT W zoo' o" BLACK HAWK COUNTY c"P FOUND,.D CURRENT OWNER: z n I STATE OF IOWA S I Wro IUPCAAP WATERLOO BOARD OF I o`s`G NORINESTH PARKS COMMISSIONERS PARCEL'C'AREA: PER BLACK HAWK COUNTY 26782.5 SO.FT, 0.501 ACRES P.O.B. RECORDER'S PARCEL'c' $ LOT 12 OFFICE: DEED BOOK 514, — PAGE 534 FWND Lo• 181.5' (181.50') FOUND 1.0' CLIPPED PIPECLIPPED PIPE w/O IDR..CAP EAST (N89'S6'19"W) W/O ID.CAP I ( 200' SURVEY FOR: CITY OF 4 A 0.10 FT.EAST WATERLOO - SURPLUS LAND, I LLOYD OPARK y1 PART OF LOT 27 €Q WATERLOO,O, IOWAWA 50702 n REQ. BY. NOEL ANDERSON, TRIANGLE TERRACE P CITY PLANNER R (DEED BOOK 472, PAGE 121) R I LOT 13 CITY OF WATERLOO, IOWA ss fy 11MMP. $ FOUND 1.0' FOUND IPE f•ry 3 BASED UPON A FIELD SURVEY I CLIPPED RPE /o PPE I &$ w/0 E.CAP COMPLETED ON: OCTOBER 11, 2006 w12 T.CAP (1.5.(1 1.50. 1EAMNC s ETN � 200' 0.12 R.EAST 181.5'(181.50') 0.31 R.WESTPARCEL L �n ��� e=nd C. ASSIGNEDERS BYE THE^BLACK+HAWK LOT 26, TRIANGLE TERRACE COUNTY AUDITOR'S PLAT ROOM. THIS PLAT OR SUBDIVISION HAS BEEN APPROVED BY BLACK HAWK COUNTY. SURVEYOR'S CERTIFICATION _� �' I HEREBY CERTIFY THAT THIS LAND SURVEYING.—MENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL .AA6(T LAND'gG SUPERV ON AND THAT I AM A DULY LICENSED LAND c.•' •••`PD's, SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. ti`: ••• ^'e Kirk D. LEGAL DESCRIPTION. *:Eschltmani*_ L. 9981 (SEE ATTACHMENT: EXHIBIT "A") KIRK D.E P.L.S. IOWA LIC.NO. 9981 Y LICENSESE RENEWAL WAL DATE IS DECEMBER 31, 2007 WADES OR SHEETS COVERED BY TH1.W—ATURE AND REAL: SAEE71 W 2 OF 2 SURPLUS LAND - LLOYD RANDALL PARK KESS & ASSOCIATES, INC. m a UNASSIGNED ADDRESSES FOULK ROAD ROFESSIONAL L.ICENSEO L NO SRVEYORSc$ WATERLOO, IOWA 50702 723 BROADWAY STREET,WATERLOO.IOWA 50703-5811 PHONE:319-234-0509 FAIL 319-236-3597 RECEIVED BLACK HAWK COUNTY ASSESSOR File Number: 2007-OP999 7j!� AeW.21 Pag@ 2 of ATTACHMENT: EXHIBIT "A" LEGAL DESCRIPTION PARCEL"B" A SURVEY OF PARCEL `B" OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION EIGHTEEN (SEC. 18), TOWNSHIP EIGHTY-EIGHT NORTH (T88N), RANGE TWELVE WEST (R12W) OF THE FIFTH PRINCIPAL MERIDIAN (5th P.M.), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 27,TRIANGLE TERRACE,BEING THE SOUTHWEST CORNER OF THE INTERSECTION OF EAST SHAULIS ROAD AND FOULK ROAD;THENCE S00°02'31"W 132.98 FEET ALONG THE EAST LINE OF LOT 27 (ALSO BEING THE WEST RIGHT OF WAY LINE OF FOULK ROAD) TO THE NORTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN C.L.D. BOOK 675, PAGE 604 OF THE RECORDS OF BLACK HAWK COUNTY; THENCE N89°49'39"W 181.50 FEET ALONG THE NORTH LINE OF SAID PARCEL TO SAID PARCEL'S NORTHWEST CORNER;THENCE N00°02'31"E 130.18 FEET ALONG ALINE PARALLEL WITH THE SAID EAST LINE OF LOT 27 TO THE NORTH LINE OF SAID LOT 27(ALSO BEING THE SOUTH RIGHT OF WAY LINE OF EAST SHAULIS ROAD); THENCE N89017'15"E 181.52 FEET ALONG THE NORTH LINE OF SAID LOT 27 TO THE POINT OF BEGINNING CONTAINING 23,881.4 SQUARE FEET(0.548 ACRES) SUBJECT TO AN EASEMENT FOR A RECREATION TRAIL OVER THE NORTH 15 FEET OF THE PROPERTY. PARCEL"C" A SURVEY OF PARCEL "C" OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION EIGHTEEN (SEC. 18), TOWNSHIP EIGHTY-EIGHT NORTH (T88N), RANGE TWELVE WEST (R12W) OF THE FIFTH PRINCIPAL MERIDIAN (5th P.M.), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF A PARCEL DESCRIBED IN DEED BOOK 472,PAGE 121 OF THE RECORDS OF BLACK HAWK COUNTY(BEING A PART OF LOT 27, TRIANGLE TERRACE), SAID CORNER BEING 120 FEET NORTH OF THE NORTHEAST CORNER OF LOT 26,TRIANGLE TERRACE ON THE EAST LINE OF LOT 27, TRIANGLE TERRACE; THENCE N89°56'19"W 181.50 FEET ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN DEED BOOK 427, PAGE 121; THENCE N00002'31"E 119.94 FEET ALONG A LINE PARALLEL WITH THE SAID EAST LINE OF LOT 27 TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN C.L.D. BOOK 675, PAGE 604 OF THE RECORDS OF BLACK HAWK COUNTY; THENCE S89°58'56"E 181.50 FEET ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED IN C.L.D.BOOK 675, PAGE 604 TO THE AFORESAID EAST LINE OF LOT 27 (SAID EAST LINE ALSO BEING THE WEST RIGHT OF WAY LINE OF FOULK ROAD); THENCE S00°02'31"W 120.08 FEET ALONG THE SAID EAST LINE OF LOT 27 (ALSO BEING THE WEST RIGHT OF WAY LINE OF FOULK ROAD) TO THE POINT OF BEGINNING CONTAINING 21,782.5 SQUARE FEET(0.500 ACRES). D:\Projects 2006\06B-FILES\06b83\06B83-TXT\06B83-Legal.doe SHEET 2 OF 2 File Number: 2007-0pggg1l7%&W..22 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name( case print): f A�V�- . -71<Address , Phone: Fax: City: State: /,f Zip: j5'*7,,5 3, b. Status of applicant: (a)Owner (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: I a. General location of prop rty to be rezoned: GSG b. Legal description of property to be rezoned: I c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way):/ / / d. Area of Proposed Zonin Boundary(Excluding Right of Way): /. c. Current zoning: -Z Requested zoning: ,�L f. Reason(s)for rezoning and proposed usc(s)of pro rty: 5'/a5n474fz g. Conditions(if any) agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$300+$10 per acre ($750 max) (payable to the City of Waterloo) is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming, and Zoning Commission until four(4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in n1aking their decision. The undersigned authorize City Zoning Officials to enter the property . questi eg ds t he request. Signature of Applicant Date Signature of Owner Date Page 114 of 172 Pictures — Adjacent to 5050 Foulk Road Picture 1 Looking southwest from the northeast Picture 3: Looking north along Foulk Road from corner of the north lot the south lot. i 1 yl 11 li f � � ''AW'.A r 3�.r✓'u Picture 2 Looking south from the north side of the north lot Picture 4 Looking west from Foulk Road at the south lot Page 115 of 172 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsections B, E, and F, and adding a new subsection G. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 5/4/2018 - 3:46 PM ATTACHMENTS: Description Type D Ordinance as proposed Backup Material Motion to receive file consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations; Chapter 2 General Offenses; Section 13 Fireworks, SUBJECT: Subsections B, E; and F; and adding a new subsection G. Motion to suspend the rules. Motion to receive file consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 116 of 172 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703,(319)291-4323. ORDINANCE NO.XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY AMENDING TITLE 5 POLICE REGULATIONS, CHAPTER 2 GENERAL OFFENSES, SECTION 13 FIREWORKS, SUBSECTION B PROHIBITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That the City of Waterloo Code of Ordinances be amended by amending Title 5, Police Regulations, Chapter 2, General Offenses, Section 13, Fireworks, Subsection B Prohibitions,as follows: 5-2-13:FIREWORKS: B. Prohibitions: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo except on July 4 1 of each year between the hours of 9:00 a.m.and 11:00 p.m. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. E. Sales:It shall be unlawful to sell consumer or display fireworks in any location within the City limits of the City of Waterloo except areas zoned M-1 Light Industrial,M-2 Heavy Industrial District, or M-2,P Planned Industrial District, as outlined by City of Waterloo zoning ordinance no. 5079. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers of the use of fireworks defined under sections 5-2-13-B and 5-2-13-F of this Code. that the use ,.fears,,...,,..afia dii;�a��pwArks Greed within the em ,., limits �the r:.y of Wate-Flo. uixcSS said usage is allowed v�u=cr31t, &S r@f@r@3F@d f3 5@Et�Ei �-��-n-^f this Code. r no of not loss tti,.n Ove h,,ndfe,a fifty dolla.s (e250 nm Designated Use for Inclement Weather: The Mayor, in consultation with the Fire Chief and Police Chief, may designate the Saturday following July 4" between the hours of 9:00 a.m. and 11:00 p.m, as an additional day and time to use fireworks. The Mayor shall only designate this additional use period in the event of inclement weather on July 4. G. Violation:A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars $250.00). INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2°"CONSIDERATION: PASSED 3"i CONSIDERATION: PASSED AND ADOPTED this day of 2018. Page 117 of 172 Ordinance No.XXXX Page 2 Quentin Hart,Mayor ATTEST: Kelley Felchle City Clerk Page 118 of 172 CITY OF WATERLOO Council Communication Hearing on Order Assessing Civil Penalty to Jim's Foods, 437 Sullivan, Waterloo, Iowa, for sale of tobacco to minor violation-first offense. City Council Meeting: 5/7/2018 Prepared:4/3/2018 REVIEWERS: Department Reviewer Action Date Legal Even, LeAnn Approved 5/2/2018 - 11:45 AM ATTACHMENTS: Description Type Motion to open hearing. HOLD HEARING. SUBJECT: Motion to close hearing. Resolution approving Order Assessing Civil Penalty, in the amount of 5300.00 to Jim's Foods, 437 Sullivan; Waterloo, Iowa; for sale of tobacco to minor violation-first offense. Submitted by: Submitted By: David R. Zellhoefer, City Attorney Syed Jaffari who sold the tobacco to minor wishes to address the City Recommended Action: Council. He plead guilty to the charge on April 3, 2018. An Order assessing the civil penalty for$300.00 to Jim's Foods is requested by City Attorney and Waterloo Police Department. On January 24, 2018, Syed Jaffari sold cigarettes to a minor at Jim's Foods, 437 Sullivan, Waterloo, Iowa 50701. He did not appear for his police Summary Statement: citation, and a warrant issued. He then paid the citation at the courthouse, but was not wanting to pay civil penalty(levied against business) for $300.00. Wished to speak to City Council. Therefore, this matter is set before City Council. Expenditure Required: No expenditure required. Source of Funds: N/A Civil penalty for sale of tobacco to minor is $300.00 payable to City of Policy Issue: Waterloo. The Defendant pleads guilty to charge of"Employee Providing Tobacco Product to Minor-First Offense. This is part of the Waterloo Police Tobacco I-Pledge Program in which Background Information: various businesses are checked to see if they are complying with the law regarding checking id's and not selling tobacco to minors. All civil penalties collected are deposited to Waterloo Police Department 010-11-1165-3550. Page 119 of 172 Page 120 of 172 CITY OF WATERLOO , IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4327 Fax(399)291-4286 • April '), 2018 Mayor Quentin Hart and City Council City Hall Waterloo, IA 50703 Re: Jim's Foods, 437 Sullivan Avenue, Waterloo, Iowa 50701 Dear Mayor Hart and Council Members: I have not received a signed Acicuowledgment/Settlement Agreement regarding the violation of the tobacco laws by the above-captioned permitee. Therefore, I have enclosed an Order that you proceed with public hearing and have the City Council assess a$300.00 civil penalty which is due 30 days from the date of our Council Meeting on May 7, 2018. This would result in a first violation. Should Jim's Foods fail to pay the civil penalty by June 6, 2018, it shall result in an automatic permit suspension for a period of fourteen (14) days, in addition to the $300.00 civil penalty. Documents regarding this citation are attached for your perusal. Thank you for your assistance. Please call me if you have questions. Sincerely, DAVID R. ZELLI-IOEFER Waterloo City Attorney DR7sda Enclosures CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU An Equal Opportunity/Affirmative Action Employer Page 121 of 172 IN RE: JIM'S FOODS ACKNOWLEDGMENT/ 437 SULLIVAN AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA 50701 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I(we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we)hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation"of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of$300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. Ownr) � Date: "Zu NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s)who have authority to bind the entity. Tf yorn decide to sign this ACICN�TOW ,x DtL :�✓TENT/SETTLEMENT AGREEMENT and ivaive your appearance at a hearing, this document, properly signed and d a6cd, aalont with your$300.00 check made payable to the City of Waterloo, should be returned to: David 1�, Zellboefer, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. Page 122 of 172 IN RE: JIM'S FOODS 437 SULLIVAN AVENUE HEARING COMPLAINT WATERLOO, IOWA 50701 FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not"sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code 5453A.2(1). 3. On or about January 24, 2018, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Jim's Foods, 437 Sullivan Avenue, Waterloo, Iowa 50701. Davidloe er Wates o City Attorney Page 123 of 172 Charges,Dispositions,Sentences Title: ST VS JAFFARI, SPED NAEEM Case: 01071 STA0166387 (BLACK`HAWK) Citation Number. W180 Defend JAFFARI, SYED NAEEM ant: Count 01 Charge Charge 4S3A.2(1} Descript EMPLOYEE PROVIDING TOBACCO/VAPOR ion: PRODUCT TO MINOR- 1ST OFF i i' Offense 01/24/2018 Arrest Against Type: Date: Date: DPS Number: Adiudication Charge 453A.2(1) Descript EMPLOYEE PROVIDING TOBACCO/VAPOR PRO ion: DUCT TO MINOR- 1 ST OFF Adj.: GUILTY BY C Adj.Dat 03/08/2018 OURT e: Adj.Jud TICKUP, ge: Comme nts: Sentence Charge 453A.2(1) Descript EMPLOYEE PROVIDING TOBACCO/VAPOR PRO ion: DUCT TO MINOR- 1ST OFF Sentenc 03/08/2018 Sentenc FINE e Date: e: Appeal: gen.Jud TICKUP, Facility Attorne Type: y: Restitut Drug: Extradition: ion: Lrc.Rev DDS: Batterer: oked: Page 124 of 172 } Fine Duratio Amount: n: r is i- Cola me t nt: i CN=John Q Public,4=JUDICIAL Register . Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you may be become a subscriber by registering at this time. There is a$25.00 per month subscription fee. For exclusive use by the Iowa Courts Page 125 of 172 i f ti Filings Title ST VS JAFFARI 'SYED NAEEM Case: 01071 STA01663.87 (BLACK HAWK) Citation Number: W1800626 Event Filed By Filed Create Last Action Date Updated Date OTHER ORDER KUEHNER DAVID 04/03/2018 04/03/2018 04/03/2018 A Comments: DEFT HAS PAID FINE; CASE IS COMPLETED; W/D WARRANT; CC DEFT I 04/03/18 nva i SENT TO CO ATTY 03/25/2018 03/25/2018 03/25/2018 COLLECTIONS COMPUTER 03/10/2018 03/10/2018 03/12/2018 GENERATED NOTICE Comments: FINAL NOTICE OF PAST DUE COURT FINE AND COSTS r. NVA 03/12/18 VIOLATIONS TICKUP 03/08/2018 03/08/2018 03/08/2018 HANDLED BY CLERK ORDER TO ISSUE KUEHNER DAVID 02/23/2018 02/23/2018 02/23/2018 i PUBLIC/BENCH A WARRANT Comments: FTA ARR; BOND SET AT$300 CIS �t OTHER ORDER ABBOTT 02/12/2018 02/13/2018 02/22/2018 ANDREW C Comments: REMAINS SET FOR ARR 2/23/2018 9:00AM. COPY TO DEFT. H DEFIJNDANT -NVA- 02/22/2018 OTHER EVENT JAFFARI SYED 02/09/2018 02/12/2018 02/12/2018 NAEEM Comments: LETTER FROM DEFT ORDER FOR KUE14NER DAVID 02/09/2018 02/09/2018 02/09/2018 CONTINUANCE A Comments: ARR RESET 02/23/2018 09:00 AM 0713. COPY TO DEFT. Page 126 of 172 OTHER EVENT 01/25/2018 01/25/2018 01/25/2018 Comments: CORRECTED TIME OF ARRAIGNMENT TRAFFIC TICKET WATERLOO 01/25/2018 01/25/2018 01/25/2018 FILING POLICE DEPARTMENT Comments: W18-06263 CN=John Q Public,O=JUDICIAL Register 4- Y 5 r G Page 127 of 172 Financials Title: ST VS JAFFARI, SYED NAEEM Case: 01071 STA0166387 (BLACK HAWK) Citation Number: W1800626 SUMMM Oris Paid Due COSTS 60.00 0.00 60.00 FINE 150.00 0.00 150.00 SURCHARGE 52.50 0.00 52.50 RESTITUTION 0.00 0.00 0.00 OTHER 0.00 0.00 0,00 $262.50 $0.00 $262.50 Make i Page 128 of 172 t nth jcr� Iinc6h6�k Form` FY 20 ; l�etatler tv�LiS Addre�sj ,? -4 Ctty RESULTS (check one) C�rripl ar➢t 1f{lnable.to.Complete the Compfrance Check(check ones r �Establtshmerit has a VALID PERf�IT but poen Not Sell Tobacco, Date Checked �9 I+torl ColltP Wqt, Alternative N€cot€neorVapor, roducts, ,. r f Permit Status Vented by C€ty Clerk of County Aad€tol Ttrrte Checked '"t Q Unable}o Coftlplete ❑ stabl€shment No Lgtger Hofs a Valid Tobacco,Alternative {NotApplEcabfe) Nicotine or,Vapor, Product Permit Clerklnformattotll Male p Ferpale ❑Establishment€s Cut of Business INrnaflNL' Ra4uirzti�f NoN PLigNT) p Esfabl€shment is designated as:an€'Unsat€sfactory Condition'€ ( ; `tlfisahsfactory Condition"verified by qBD Investigator First Name cl Mldl. Initial �_ 1; i� Officor Conducted a WalkT(trough.o(tfie Promises (E0� ana€ion Requ€red in Commeq€s 3ectiort,Be€ow) �' 1` - Last Name , ( �' Case . ®If none of the abouq reasons apply,write reason and ezplanahan`on � 3 the bae�C of the fa�rii seepage 4 for(eason hs €Ssuetl a cnm€r€ai 01tat00 to the cl :ik listetl:above f6 'seltmg tpbacco; alterriat€ve ntcohrte orvapgr products to a peYsan under age eighteen loyra-Code§�53.q 2{�) }7TE If the camel€ones gheck:result€s tor€�4mpf€ant,a c€talion must'be issued before your department may react€ve payment) ®'FFICE�2 INFO I TZ®IV OFFICER 7HAiT CONb CTED COMPL.tANCE CHECF�}; First Name• t � p Middle Initial: ... Las° Name Badge eta �. - Qepartment_ � �f -- - CONFIDENTI�L: NFORIVIAtiIT ( I� CI4ge 6 07 GI Gender, € � e[e Female CI.Number 7. (iast4a�91tsafcisio}. Gf:Ethnicity [ UVhi#e . l Asian ❑:AfricanAmertcari 0 Native American ❑'Hispanic CI Oher.. RESULT'S QFATTEMPTED. PURCHASE; Attempted Purchase It ,mClgaretfe's © SmokSless Tobacco ❑ Qther Tobacco Product Vapor Product o Alterhafl Nicotine Product. COI LI4PlEI1IT$:' Ade Requested ❑ YES 0 it s ir�egt�eated ❑ YES 0 Offkcer Signature T7 Page 129 of 172 IN THE IOWA DISTRICT COURT IN AND FOR This Complaint and Affidavit is to be: BLACK HAWKCOUNTY ® Filed with Court Clerk(cc:CA) Agency Case Number:W18-006263 FISubmitted to County Attorney Arrest Date:01/24/2018 ❑ Filed with JCO-Defendant is a Juvenile THE STATE OF IOWA VS, OFFENDER Last First Middle Suffix JAFFARI SYED NAEEM Address City State Zip Code 413 JESSICA LANE CEDAR FALLS IA 160613 DL# State DL Class DL Endorsements DL Restrictions 987AM1088 lA C B Date of Birth Gender Race Ethnicity 04/1511964 MALE UNKNOWN-U NOT OF HISPANIC ORIGIN-N Height Weight Eye Color Hair Color 5.08.. 250 LBS BROWN-BRO BALD-BLD OFFENSE State County Local Code Section Crime Description ® ❑ ❑ 1453A.2(l) EMPLOYEE PROVIDING TOBACCOIVAPOR PRODUCT TO MINOR. Speed in Zone Class SCHT Serious P.I. ❑ Fatal Accident ❑ Civil Damage Assessment ❑ Other ❑ Location Type 07-CONVENIENCE STORE Literal Description SULLIVAN AVE(JIMS FOOD) Address City State Zip Code 437 SULLIVAN WATERLOO IA 50701 Is Date and Time of Incident Known? Incident Date or Low Range Upper Date Range Incident Time or Low Range Upper Time Range YES 01/24/2018 15:48 STATUS OF OFFENDER/JUVENILE ❑ TAKEN INTO CUSTODY CUSTODY ® SUMMONS TO APPEAR (Citation Issued) ❑ WARRANT REQUESTER ❑ REQUESTED ORDER RELEASED TO QUESTED ❑ PARENT/GUARDIAN NARRATIVE Narrative of Offense Committed On or about the above stated date and time,the Defendant did unlawfully sell,give or otherwise supply tobacco,tobacco products or cigarettes to a person under eighteen years of age by an employee of a retailer,working at Jims Food at 437 Sullivan St SUMMONS I promise to appear in said court at said time and place. Ne a olhenNsc sww m :ao,mauuu you, at n�r­,i't 417�'""°° ''!.._...__ Court Date 02109/2018 Signature of Defendant Court Time 3:48 PM In the CouftAt BLACK HAWK COUNTY COURTHOUSE 316 EAST FIFTH STREET,WATERLOO 50703 AFFIDAVIT STATE OF IOWA, BLACK HAWK COUNT( I,the undersigned,being duly sworn,state that all facts contained in this Complaint and Affidavit,known by me or told to me by other reliable persons form the basis for my belief that the defendant committed this crime State all facts and persons relied upon supporting elements of alleged crime On Wednesday January 24,2018 at approximately 1548 hours Officers with the Waterloo Iowa Police Department along with an underage informant conducted tobacco compliance checks within the City of Waterloo Iowa. An non-uniformed Waterloo Police Officers along with the underage informant entered 437 Sullivan Street(Jims Foods)in Waterloo Iowa to conduct a check for underage compliance. The Clerk, later identified as the listed Defendant,sold a pack of Marlboro cigarettes without asked for an ID or asking the age of the informant. Printed At WATERLOO POLICE DEPARTMENT 9/26/2018 10:22 AM Page 1 of 2 Farm It: W18-0263age 130 of 172 The Defendant was subsequently given a Citation to appear for court on February 9,2018. The Defendant was citied under Iowa Criminal Code Section 453A.2(1) Nothing further Officer Lindaman Waterloo Police Department Investigation Division LINDAMAN,DUSTIN L3675 Signature of Complainant or Officer,Officer Name&Number GENERAL PROBABLE CAUSE Defendant Implicated 02-CAUGHT IN ACT Operating Motor Vehicle in County Other Physical Evidence Attempted To Inflict Injury STATE OF IOWA, BLACK HAWK COUNTY ROA4 Subscribed and sworn to before me by the person(s)signing the Complaint and Affidavit(s)on 01/24/2018 A-Q0 0 0 S� Notary Name AARON MCCLELLAND Signature of Verifying Party O 7_ p r w'Y.vauun Commission Number 750545 .. /OWN My Commission Expires 01102!2020 Peace Officer ® Notary Prosecuting Attorney Any person who fails to appear in court as specified by the citation may be guilty of a separate offense and the court may issue a warrant for their arrest. Printed At WATERLOO POLICE DEPARTMENT 1/26/2018 10:22 AM rage 2 of 2 Form N: W18-0rage 131 of 172 Rev.1212� 011 _ IOWA FALIDCYiREPORT Case Number W18-006263 WATERLOO POLICE DEPARTMENT Dat orrimeofReport 715 MULBERRY ST 1/2412018 16:03 Hrs WATERLOO, IA 50703 Status IOWA 03-CLEARED BY ARREST (319)291-4340 SUMMARY County Report Typo ORI Number BLACK HAWK-07 0-INITIAL INCIDENT IA0070300 Is Date and Time of Incident Date or Upper Date Incident Time or Upper Time Incident Known? Yes ILowerDateRange 01/24/2018 Range Lower Time Range 15:48 Hrs. Range Hrs. Day of Week Incident Occurred Exceptionally Cleared Date Cleared Exceptionally WEDNESDAY N-NOT APPLICABLE INCIDENT REPORTED BY Was incident Reported Reporting Victim's Name-Last First Middle Suffix by a Victim? NO Sequence No. HOELSCHER BRIAN Business Name(if Incident was Reported by a Business) Address 715 MULBERRY ST City Slate Zip Code HamelCell Phone Work Phone WATERLOO IA 50703 (319)2914340 OFFENSE 001 Seqq.No. Ordinance Code Section UCR Offense Code 00 t STATE 453A.2(1) ALL OTHER OFFENSES-90Z Charges/Offense Attempted/Completed EMPLOYEE PROVIDING TOBACCOIVAPOR PRODUCT TO MINOR-1ST OFF C-COMPLETED Type of Criminal Activity(up to 3) Type of WeaponlForce Involved(up to 3) Gang Information(up to 2) No.of Premises Entered Method of Entry Offender Suspected of Using(up to 3) N-NO FORCE LOCATION OF OFFENSE Location Type X Coordinate Y Coordinate 07-CONVENIENCE STORE 552932.75 4704064 Literal Description 437 SULLIVAN VICTIM 001 Type of Victim Sequence No. BusinesslOrganizalionlStatelCounty]Municipality Name iP S-SOCIETY/PUBLIC 001 ICITY OF WATERLOO Address City State Zip Code Phone (' 715 MULBERRY ST WATERLOO IA 50701 (319)291-4340 VICTIM CONNECTED TO UCR OFFENSE CODES r: UCR Offense Code 1 UCR Offense Code 2 ALL OTHER OFFENSES-90Z UCR Offense Code 3 UCR Offense Cade 4 UCR Offense Code 5 UCR Offense Code 6 UCR Offense Cade 7 UCR Offense Code 8 UCR Offense Code 9 UCR Offense Code 10 ADDITIONAL OFFENSE CIRCUMSTANCE INFO Aggravated Assau€VI-I kids Circumstances(up to 2) Addiifiiuri Justifiable Homicide Circumstances END OFFENSE 001 OFFENDER 001 Type of Offender Sequence No. NIBRS Offense Sequence Numbers Lesser Offense Sequence Numbers 01-Offender 001 001 Name-Last First Middle Suffix JAFFARI SYED NAEEM Allas(es) Address City Slate Zip Cade Home Phone 413 JESSICA LANE CEDAR FALLS IA 50613 j DOS Known? DDB Age or Lower Age Range Upper Age Range SSN Resident Status YES 0411511964 53 U-UNKNOWN Driver's License-Number State Gender Height Weight Eye Color Hair Calor Printed At: WATERLOO POLICE DEPARTMENT 1/26/2018 10:22 AM Page 1 Form#: e6*82 Of 172 987AM1088 IA M-MALE 5'08" 1250LBS BROWN-BRO BALD-BLD Skin Tone Race Ethnicity DARK-DRK U-UNKNOWN N-NOT OF HISPANIC ORIGIN ScarslMarksfrattoos Offender Present When Officer Arrived? UNK YES Typo of Injury(up to 5) N-NONE EMPLOYMENT OR SCHOOL,INFO Employer or School Occupation JIMS FOOD CLERK Address City State Zip Code Work Phone 437 SULLIVAN WATERLOO IA 50701 is ARREST INFO Offender Arrested? Arrest Trans.Booking No. Type of Arrest Arrest Date Arrest Time YES 01 S-SUM MONEDICITED 01/2412018 15:46 Hrs. is Associated Offense Sequence No. Miranda By Miranda Date Miranda T#me Hrs. Arrestee Condition Arrestee Armed With(up to 2) S-SOBER Place of Birth Multiple Arrastoo Indicator Additional Incidents Cleared JUVENILE INFO ParentlGuardian Contacted? Name-Last First Middle Suffix i. Address City State Zip Code 77r Homo Phone Wark Phone uvenfle Arrestee Disposition Home Phone 7 END OFFENDER 001 = OFFICER'S INVESTIGATIVE NOTES On Wednesday January 24,2018 at approximately 1548 hours Officers with the Waterloo Iowa Police Department along with an underage informant conducted tobacco compliance checks within the City of Waterloo Iowa. An non-uniformed Waterloo Police Officers along with the underage informant entered 437 Sullivan Street(Jims Foods)in Waterloo Iowa to conduct a check for underage compliance. The Clerk,later identified as the listed Defendant,sold a pack of Marlboro cigarettes without asked for an ID or asking the age of the informant. The Defendant was subsequently given a Citation to appear for court on February 9,2018. The Defendant was citied under Iowa Criminal Code Section 453A.2(1) Nothing further Officer Lindaman Waterloo Police Department Investigation Division OFFICER omplainantlReporting Party Signature Reporting Officer Badge Number Supervisor Badge Number LINDAMAN DUSTIN L3675 HOELSCHER,BRIAN H3661 ideo Taken?(Check All That Apply) Evidence Seized? Photos Taken? ]. Incident Assigned To INV it Printed At: WATERLOO POLICE DEPARTMENT 1/26/2018 10:22 AM Page 2 Form tf: Lu6*333 Of 172 E 1f1132054 01/24/2018 5,W03PIl 01 GLIRK01 000000 6.90 9(i Hon tax h ITEM 10 CASI-1 $6go a SIEE [IS f AGAIN Page 134 of 172 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of April 19, 2018 on file in the Waterloo City Clerk's office. City Council Meeting: 5/7/2018 Prepared:4/30/2018 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 4/30/2018 - 9:08 AM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:54 AM ATTACHMENTS: Description Type ❑ LEGAL NOTICE OF MINUTES -April 2018 Cover Memo SUBJECT• Waterloo Water Works Board of Trustees meeting minutes of April 19, 2018 on file in the Waterloo City Clerk's office. Submitted by: Submitted By: Matt Mahler, General Manager Page 135 of 172 Board of Water Works Trustees held their regular meeting on Thursday, April 19, 2018, with Mary Potter, Chair; Scott Wienands, Vice-Chair; and Ron G. Welper, Trustee; present. Also in attendance: Rick Wilberding, Distribution Department Manager; and Matthew L. Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of March 21, 2018; the revised February 2018 Revenue and Expense Summary; the March 2018 Monthly Financial Report; the March 2018 Revenue and Expense Summary; a resolution to cause$4,707.54 for service line repair to be assessed to the property taxes of 225 Shilliam Avenue; a resolution to cause $1,854.89 for service line repair to be assessed to the property taxes of 83 Mulberry Street; a resolution to cause $488.75 for pave box repair to be assessed to the property taxes of 310 Allen Street; a resolution to cause$770.52 for pave box repair to be assessed to the property taxes of 727 Progress Avenue; a resolution to cause $681.09 for pave box repair to be assessed to the property taxes of 2026 Ansborough Avenue; a resolution to approve award of contract for the 2018 Water Main Replacement Program as part of the City of Waterloo 2018 Street Reconstruction Program; a motion to receive and place on file proof of publication of notice of public hearing for the Northeast Drive Water Main Extension Project, to open the public hearing, a motion to declare the hearing closed with no written or oral objections, a resolution to confirm approval of bid documents, plans, specifications and form of contract, a resolution to approve award of the contract of the overall project by the City of Waterloo and to authorize the General Manager to execute the appropriate contract documents; a motion to receive and place on file proof of publication of notice of public hearing for the Downing Avenue Water Main Loop from Dundee Avenue to Magnolia Parkway Project, to open the public hearing, a motion to declare the hearing closed with no written or oral objections, a resolution to confirm approval of bid documents, plans, specifications and form of contract, a resolution to award the contract and to authorize the General Manager to execute appropriate contract documents; a motion to receive and place on file proof of publication of notice of public hearing for the Hawthorne Avenue Water Main Loop from Vermont Street to Denver Street Project, to open the public hearing, a motion to declare the hearing closed with no written or oral objections, a resolution to confirm approval of bid documents, plans, specifications and form of contract, a resolution to award the contract and to authorize the General Manager to execute appropriate contract documents; a resolution approving preliminary specifications, bid documents, etc., setting the date of Public Hearing as the May 2018 Board of Trustees meeting for the 2018 Pavement Repairs Project, and to instruct the General Manager to publish notice of plans, specifications, taking of bids, and notice of public hearing; a resolution approving the Mutual Aid and Assistance Agreement for the Iowa Water/Wastewater Agency Response Network (IOWARN); and to set the date of the next regular Board meeting as Wednesday, May 16, 2018 at 8:45 a.m. Payment of the following bills: ABM Janitorial Services 1,041.50 Acco Unlimited Supplies 3,733.20 Advanced Systems Services 275.53 AECOM Services 8,997.60 Airgas Supplies 1,109.55 Allen Memorial Hospital Training 24.00 Aramark Uniform Services 250.50 Aspro Supplies 1,729.35 Assured Flow Sales Supplies 558.98 B & B Builders&Supply Services 3,643.20 BerganKDV Consulting Services 2,615.00 Black Hawk County Auditor Water&Sewer Bond 3,358.08 Black Hawk Electrical Services 995.23 Black Hawk Waste Disposal Services 104.00 BMC Aggregates Supplies 2,538.18 Campbell Supply Supplies 592.39 CenturyLink Services 213.45 Charles Schwab Institutional Pension 47,492.30 Page 136 of 172 City of Raymond Sewer, Garbage&Yard 18,486.45 Waste City of Waterloo Sewer, Garbage&Storm 813,883.38 Water City of Waterloo Project 20,758.47 Cogsdale Corp. Annual U-Link Support 823.56 Core& Main Hydrants 78,725.00 Courier Communications Legal Ads 192.96 Custom Blacksmithing & Mfg. Services 108.00 Dell Marketing Computer 1,037.00 Dex Media East Services 33.50 Don's Truck Sales Services 620.76 Electronic Engineering Services 658.90 EMA Inc. Consulting Services 465.00 Frickson Bros. Excavating Repairs 6,897.50 Gierke-Robinson Supplies 757.22 Goodyear Commercial Tire Services 571.50 Hach Co. Supplies 20,616.15 Hogan-Hansen Services 510.00 Iowa Assoc. of Municipal Utilities Workshop 50.00 Iowa One Call Services 175.50 Iowa Public Health Assoc. Webinar 50.00 IPERS Pension 14,904.63 IWI Motor Parts Supplies 92.78 K& R Consulting Group Services 105.00 Kerns, Steve Reimbursement 50.00 Keystone Lab Testing 2,101.40 Kwik Trip Fuel 4,151.44 L.J.'s Welding & Fabrication Supplies&Services 534.00 Larson, Travis Reimbursement 69.25 Mahler, Matthew L. Reimbursement 20.64 Manahl, Ryan Reimbursement 70.48 Menards Supplies 789.50 MidAmerican Energy Gas, Power& Electric 31,959.32 Moore, Stephanie Reimbursement 59.95 Murphy Tractor& Equipment Services 261.02 Napa Auto Parts Supplies 22.98 Northland Products Supplies 55.25 Payroll 158,971.03 PDCM Insurance Public Official Bonds 370.00 Postmaster Postage 1,914.40 PPG Architectural Finishes Supplies 446.64 Professional Office Services Services 8,049.84 Public Employees Credit Union Payroll Deduction 9,455.00 R Company Repairs 3,825.00 Radio Communications Services 126.00 Refunds 10,822.50 Regal Plastic Supply Supplies 212.50 Rochester Armored Car Services 237.11 Rydell Chevrolet Services 115.23 Sadler Power Train Services 206.27 Sandee's Ltd. Supplies 117.35 Schimberg Co. Supplies 561.96 Scot's Supply Supplies 353.77 Sensus USA Supplies 2,281.51 Snyder&Associates Services 481.15 State of Iowa Treasurer Sales Tax 30,154.00 Steffen Truck Equipment Supplies 244.62 Stetson Building Products Supplies 102.64 Storey Kenworthy Supplies 762.06 Sun Life Financial Insurance 7,060.93 Swisher&Cohrt Legal Services 407.00 Teamsters Local Union#238 Payroll Deduction 990.00 Thompson Truck&Trailer Supplies 28.49 Page 137 of 172 Titan Machinery Supplies 169.08 Tokay Software Annual Renewal 590.00 Treasurer, State of Iowa State Tax 8,623.00 U.S Cellular Services 64.68 United Parcel Service Services 17.32 US Dept. of Treasurer Federal Tax 65,454.49 USABlueBook Supplies 865.65 Utility Equipment Supplies 2,319.45 V J Engineering Services 134.82 Van Wert Inc. Services 5,068.00 Voya Institutional Trust Payroll Deduction 8,054.00 Waterloo Water Works Reimbursement 8,596.64 WBC Mechanical Services 159.75 Wellmark Blue Cross Blue Shield Insurance 57,124.18 Wilberding, Rick Reimbursement 50.00 Witham Auto Center Services 460.92 $1,495,989.51 WATERLOO WATER WORKS ATTEST: Matthew L. Mahler Secretary Page 138 of 172 CITY OF WATERLOO Council Communication Communication from the Leisure Services Park Maintenance Department on the notice of the conclusion of employment for Dennis Oltrogge, Park Maintenance I1 Crew Leader, effective March 30, 2018 with recominendation of approval of payout of$755.75 for unused benefits. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/30/2018 - 11:54 AM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:56 AM ATTACHMENTS: Description Type Communication from the Leisure Services Park Maintenance Department on SUBJECT: the notice of the conclusion of employment for Dennis Oltrogge, Park Maintenance II Crew Leader, effective March 30, 2018 with recommendation of approval of payout of$755.75 for unused benefits. Submitted by: Submitted By: Page 139 of 172 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 41512018 Effective Date: 313012018 Employment Date: 1111512007 To: City Council Members Re: Notice of Severance Department Leisure Services Job Title/Classification Park Maintenance!! Crew Leader I This is to report that the employment of Dennis Oltrogge 10340 with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes 21 Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits 11 Total Hours (x)Hourly Rate Tota!Payout Vacation-Accrued 29 $ 25.80 $ 748.20 Vacation-Current 1 0 $ - Usable Sick Leave 1.17 $ 25.80 (x)25% $ 7.55 Frozen Sick Leave 0 (x)60% $ - Personal Hours 0 $ Comp Time Pay 0 $ Unscheduled Leave $ Other Pay $ Total Payment $ 755.75 Comments: Approved by Date Human Resource 'r \' 1 }� -� _• V Y� bate Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6128111 Council Agenda Date: ❑ Accruals []Status ❑-9 Page 140 of 172 CITY OF WATERLOO Council Communication Communication from the Building Inspection Department on the notice of the conclusion of employment for Joyce Craft, Secretary, effective April 18, 2018 with recommendation of approval of payout of$7,599.64 for unused benefits. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/30/2018 - 11:53 AM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:56 AM ATTACHMENTS: Description Type Communication from the Building Inspection Department on the notice of SUBJECT: the conclusion of employment for Joyce Craft, Secretary. effective April 18, 2018 with recommendation of approval of payout of$7,599.64 for unused benefits. Submitted by: Submitted By: Page 141 of 172 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 30-Apr-18 Effective Date: 27-Apr-18 Employment Date: 24-Oct-89 To: City Council Members Re: Notice of Severance Department Building Inspection Department Job Title/Classification Secretary This is to report that the employment of Joyce Craft with the City of Waterloo has been severed by reason of: D Retired Disability Related El No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payouf Vacation-Accrued 64.11 $ 21.98 $ 1,409.14 Vacation-Current 136 $ 21.98 $ 2,989.28 Usable Sick Leave 50.17 $ 21.98 (x)25% $ 275.68 Frozen Sick Leave (x)60% $ - Accrued Casual 24 $ 21.98 $ 527.52 Comp Time Pay 109.1 $ 21.98 $ 2,398.02 Unscheduled Leave $ _ Other Pay $ Total Payment $ 7,599.64 Comments: Approved by Date '7i 7- Human Resource-~ Date ` 41 I Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6/28/11 Council Agenda Date: ❑ Accruals ❑Status ❑-9 i Page 142 of 172 CITY OF WATERLOO Council Communication Certified List for the position of Collection Systems Foreman for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on March 30, 2018. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/30/2018 - 12:01 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:56 AM ATTACHMENTS: Description Type Certified List for the position of Collection Systems Foreman for the City of SUBJECT: Waterloo; Iowa Waste Management Services Department; as certified by the Civil Service Commission on March 30, 2018. Submitted by: Submitted By: Page 143 of 172 5 WATERLOO ,CITY OF IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street Waterloo,IA 50703 (319)291-4303 Fax(319)299-4569 • r IF March 30,2018 4 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission,certify the following list of applicants, who are i. eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Collection Systems Foreman for the City of Waterloo, Iowa. Waste Management Services Department, This list shall be used to fill any vacancy in the Collection Systems Foreman classification for two years (March 30, 2018—March 29, 2020). CERTIFIED LIST Todd Gaede Forrest Graves Joe Jones Joseph Schaefer Tim Sahr Respectfully submitted, 11 r i •� �- �u Barry s ins Date ovi.e aldvvell D&e y f� Ethel Washington Date L CS LIST COLLECTION SYSTEMS FOREMAN 18 r, CITY WEBSITE:wwwcityofwaterlooiowa.com WE'RE WORKING FOR YOU! An EquM Opportunity/Affirmative Action Employer Page 144 of 172 CITY OF WATERLOO Council Communication Certified List for the position of Street Foreman for the City of Waterloo, Iowa Public Works Department, as certified by the Civil Service Commission on March 30, 2018. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/30/2018 - 12:02 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:57 AM ATTACHMENTS: Description Type Certified List for the position of Street Foreman for the Citv of Waterloo, SUBJECT: Iowa Public Works Department; as certified by the Civil Service Commission on March 30, 2018. Submitted by: Submitted By: Page 145 of 172 CITY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street Waterloo,A 50703 (319)291-4303 Fax(319)291-4569 March 30, 2018 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Street Foreman for the City of Waterloo, Iowa Public Works Department. This list shall be used to fill any vacancy in the Street Foreman classification for two years(March 30, 201 S—March 29,2020). CERTIFIED LIST Tom Meyer Michael Gienau Eugene Smith Richard Felderman Matt Boquist Jerry Locke Daniel Greer Respectfully submitted, is �--�"/2'Z/X-3zlJ /V— Barry H Date 'LoviKcadwell' Date,' Ethel WasWngton Date CS LIST STREET FO"r4AN 18 is CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 146 of 172 CITY OF WATERLOO Council Communication Certified List for the position of Storm Water Specialist for the City of Waterloo, Iowa Engineering Department, as certified by the Civil Service Commission on March 30, 2018. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/30/2018 - 3:29 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:57 AM ATTACHMENTS: Description Type ❑ Civil Service List- Storm Water Specialist Cover Memo Certified List for the position of Storm Water Specialist for the City of SUBJECT: Waterloo; Iowa Engineering Department; as certified by the Civil Service Commission on March 30, 2018. Submitted by: Submitted By: Page 147 of 172 4 CITY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street Waterloo,IA 50703 (319)291-4303 Fax(319)291-4569 March 30,2018 r TO: Honorable Mayor&City Council We,the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Storm Water Specialist for the City of Waterloo, Iowa Engineering is Department. Appointment(s) shall be made from this list for the next year (March 30, 2018 -- j March 29,2019). CERTIFIED LIST Benjamin Gavin F Sarah Kempen Perry Danler Ivy Rasey Benjamin Mitchell Edward Todd 1 Respectfully submitted, I' Barrytl�ns Date Lov' Caldwell ate Ethel Washington Date f_ I �i Cs LIST STORM WATER SPECIALIST 18 F, F CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 148 of 172 CITY OF WATERLOO Council Communication Certified List for the position of Capacity Management Operations & Maintenance Technician for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on March 30, 2018. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 4/30/2018 - 12:03 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 11:57 AM ATTACHMENTS: Description Type D CMOM Tech Cover Memo Certified List for the position of Capacky Management Operations & SUBJECT: Maintenance Technician for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on March 30, 2018. Submitted by: Submitted By: Page 149 of 172 CITY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT i. 715 Mulberry Street Waterloo,IA 50703 (319)291-4303 Fax(319)291-44569 r. • c March 30,2018 TO: Honorable Mayor&City Council We,the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Capacity Management Operations & Maintenance (CMOM) Technician for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next year(March 30,2018—March 29, 2019). ! i li CERTIFIED LIST Carrie Lewis Matthew White ti li Respectfully submitted, r Barry foli Love dwell Dat Ethel Washington Date CS LIST CMOM TE,CHNICIAN IS CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal 0 pportunitylAffirmative Action Employer Page 150 of 172 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Robert Greenlee III, Police Sergeant, effective April 15, 2018 with recoiminendation of approval of payout of $19,732.84 for unused benefits. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 5/1/2018 - 11:57 AM Clerk Office Higby, Nancy Rejected 5/1/2018 - 11:58 AM Human Resources Dunn, Lance Approved 5/1/2018 - 12:03 PM Clerk Office Higby, Nancy Approved 5/1/2018 - 12:04 PM ATTACHMENTS: Description Type Communication from the Waterloo Police Department on the notice of the SUBJECT: conclusion of employment for Robert Greenlee III; Police Sergeant, effective April 15; 2018 with recommendation of approval of payout of 519,732.84 for unused benefits. Submitted by: Submitted By: Page 151 of 172 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 ' Today's Date: 4/17/2018 Effective Date: 4/15/2018 Employment Date: 1/7/1994 To: City Council Members Re: Notice of Severance Department POLICE Job Title/Classification Sergeant This is to report that the employment of Robert Greenlee 111 with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related El No ❑ Yes ❑ Resigned ❑ Termination 0 Other Death In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Tota!Payout Vacation-Accrued 86.62 $41.22 $ 3,570.48 Vacation-Current 201.00 $41.22 $ 8,285.22 Usable Sick Leave 0.00 $41.22 (x)25% $ - Frozen Sick Leave 0.00 $41.22 (x)—% $ Personal Hours 0.00 $41.22 $ Sick Time Pay 0.00 $41.22 $ - Unscheduled Leave 56.00 $41.22 $ 2,308.32 Other Pay 135.90 $41.22 $ 5,568.82 Tota!Payment $ 19,732.84 Comments: Unscheduled days has 128 hrs-72 Hrs(9 Days)has not earned=56 0Approved by Date Human Resourc ��� .," DateV It Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: ❑ AS/400 Status/Accruals ❑ 1-9 Page 152 of 172 CITY OF WATERLOO Council Communication Board of Adjustment minutes of January 23, 2018. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 5/2/2018 - 10:45 AM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:15 AM ATTACHMENTS: Description Type D BOA minutes 1/23/18 Cover Memo SUBJECT: Board of Adjustment minutes of January 23, 2018. Submitted by: Submitted By: Page 153 of 172 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON JANUARY 23,2018 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Condon, Thornsberry, Beckman, Chiles. Board Members Absent: Goldsberry. Staff in attendance was: Western, Dornoff,Andera, Hyberger and Schroeder. I. Approval of the agenda January 23, 2018 agenda. It was moved by Beckman and seconded by Chiles to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on. November 28. 2017. It was moved by Beckman, seconded by Chiles to approve the minutes of the November 28, 2018 Regular Meeting. Motion carried unanimously. III. Decision Items 1. Request by Teri Stewart for a variance to allow for the construction of a new 18'x 22' addition that will exceed the 35 percent maximum lot coverage of 1.750 square feet by 114 square feet.at 320 Harwood Avenue. Western gave staff report. Dwayne Larson the future resident of the proposed addition thanked the board and stated the approval of the request would be very helpful for him to live a great life. The owner of the property Teri Stewart thanked the board for their time. It was moved by Chiles, seconded by Beckman to approve the request for a variance to allow for the construction of a new 18'x 22'addition that will exceed the 35 percent maximum lot coverage of 1,750 square feet by114 square feet, at 320 Harwood Avenue. The Motion Carried unanimously. 2. Request by Dzanic Munidin for a variance to the Accessory Structure Regulations to allow for the construction of a 30'x 40' or 1.200 SF pole building. 192 SF over the 1.800 SF maximum accessory structures and a variance to utilize vertical metal siding_ allowed located at 1200 Bishop Avenue. The motion passed unanimously. Beckman asked what size building they are actually building as the information submitted was conflicting. The applicant explained that they made a mistake and submitted one site plan that indicated a 30'x 40' building but later verbally asked to go with a 30' x 60'. However, all notices had already been sent to the courier and it was too late to change at that time. The applicant asked if it was possible add to the size of the building in the future. Condon stated that they would have to come back to the board to do so. Chiles asked if the request was out of the norm for this area. Western stated that the request was not and that there were several similar buildings and variances approved in the immediate area and that precedence has already been set. It was moved by Beckman, seconded by Chiles to approve the request by Dzanic Munidin for a variance to the Accessory Structure Regulations to allow for the construction of a 30'x 40' or 1,200 SF pole building, 192 SF over the 1,800 SF maximum accessory structures and a Page 154 of 172 BOARD OF ADJUSTMENT January 23,2018 Minutes variance to utilize vertical metal siding allowed located at 1200 Bishop Avenue. The Motion Carried unanimously. 3. Request by Ion Hanson for a variance to the restriction prohibiting vertical metal siding on accessory structures to allow for the construction of a 1.800 square foot pole building with vertical metal siding in an"R-2" One and Two Family Residence District located at 704 Elliott Court. Western explained that the request was removed from the agenda by the applicant as staff planned to change the recommendation of approval to denial due to the fact that the home on the property associated with the proposed building was not habitable and did not qualify as a principal permitted use. 4. Request by Signs and Designs for a variance to the restriction prohibiting off premise signs within the Highway 20 Overlay District to allow for the installation of a 20'x 8'. 160 square feet billboard sign with a height of 28' located at 4150 Kimball Avenue. Western gave staff report. Beckman asked for clarification as to the location of the sign.Western stated that it would be located on the north side of Highway 20 and would be double sided. Beckman also asked how future sign request would be handled. Schroeder explained that all future signs would have to be reviewed by the board and that there are setback or distance requirements for off premise. Condon stated that he was not fully in agreement with the uniqueness that was listed in the staff report, but would go along with the recommendation. Mason Fromm representative of Signs and Designs pointed that there is already precedence for on premise signs but not off-premise signs in the Highway 20 Corridor as there are several signs located along Highway 20. Fromm pointed out on-premise signs at Home Depot, Lowes, Furniture Row, Loves Travel and the new Quick Star gas station. Thornsberry asked if the procurement of the IDOT permit be a part of the motion to approve. Fromm stated and showed the board a copy of the IDOT permit that was approved. Fromm went on to show signed petitions from surrounding business that approve of the request. Condon stated that he agreed with Thornsberry that a motion to approve should include the requirement that the applicant secure an IDOT permit. It was moved by Beckman and seconded by Thornsberry to approve the request for a variance to the restriction prohibiting off premise signs within the Highway 20 Overlay District to allow for the installation of a 20'x 8. 160 square feet billboard sign with a height of 28'located at 4150 Kimball Avenue with IDOT approval. The motion carried unanimously. 5. Request by Josue &Rebecca Rivera for a Special Permit to allow an Urban Animal Hobby Farm with 4-sheep in the "R-2" One and Two Family Residence District, and a variance to allow the confinement area be 67.518 square feet, 12.482 square feet short of the 80,000 minimum required to have (4) four sheep, a variance to allow the use of the front yard to house farm animals and a variance to the minimum 10'fence set back requirement for confinement areas located at 2214 Avon Avenue. Western gave staff report. Schroeder gave background information on the Hobby Farms explaining that with the influx of requests for Hobby Farms the ordinance was amended to make Hobby farms a Special Permit but it still did not give very much guidance. The Board of Adjustment later tabled several requests and asked that there be a moratorium on all new requests until the ordinance is amended to specifically address the types of request that the city Page 155 of 172 BOARD OF ADJUSTMENT January 23,2018 Minutes is getting. Schroeder stated the request by Josue and Rebecca was reviewed once before prior to the second amendment that took several years to complete. That request was to allow for goats and was tabled indefinitely. Condon asked for clarification as to how the board can approve a request that the Planning and Zoning recommended denial of. Schroeder explained that there are two ways to get approval of a Hobby Farm. One is to get a Special Permit by going through a review process that includes a recommendation from the Planning and Zoning Commission and the final approval from the Board of Adjustment.A second option is to get signed approval from a certain percentage of abutting and adjacent property owners. Condon asked if the board is being asked to approve just sheep. Schroeder stated that the board could limit it to just sheep or to the Large/Intermediate animals category. Condon stated that he didn't think the board would want the applicant to have to keep coming back to the board each time a sheep died. Schroeder stated that staff agreed. Thornsberry asked for clarification of what part of the property the applicant is using for the confinement area of the sheep. Western referred to an aerial photo indicating the area in blue is what the applicant is currently using and what they are requesting a variance for to continue to use as the sheep confinement area including area in the required front yard. Schroeder further explained what the required front yard is. Western further explained that staff calculated the actual square footage of the confinement multiple times to give the applicant the fairest result and that at no time did the calculations dip below 60,000 square feet which is why staff recommended the approval of 3 sheep. Thornsberry also pointed out that there was a lot of time and effort on creating this ordinance and the ordinance states that the front yard is not allowed for the use of the confinement area. Schroeder stated that the request does pre date the new ordinance and then read from page 60 Sub Section 6 which generally explains that there are going to be times where requests may not meet all requirements but it may be deemed acceptable and the normal standards for issuance of a variance don't have to apply. Staff understands that this is a new ordinance and we don't want to instantly be granting variances and setting precedence for all requests in the future. However, staff recognizes there is some uniqueness to the request which is why staff is recommending approval of the fence setback variance, and the use of the front yard variance and to allow 3 sheep instead of 4 sheep. This way the request at least meets the density requirements. Condon asked if the applicant just had three sheep would they need the area in the front yard.Western stated no. Schroeder reiterated that the applicant is asking for 4 sheep and to keep the fence in the existing location. The applicant spoke to the board explaining that she now has petitions in favor of the request with exception of Mr. and Mrs.Westphal, the owners to the north.Also,that she has had horses, goats and chicken since she purchased the home in 2001. She likes to teach her children about animals and this is why she likes to live in this area. Chiles asked how many sheep are actually at the property. The applicant stated that there are only 2 there now. Thornberry asked if there where chickens as well on the site. The applicant stated that there are only the sheep. Beckman asked if there were any horses on the site. The applicant stated that she no longer had a horse just the sheep. The applicant's neighbor Molly Roof who lives at 2135 Ashland Avenue stated that she was in favor of the request as well as all other neighbors with the exception of the Westphal's. Brian Roof at 2135 Ashland Avenue also spoke in favor of the request and believes the applicant has done everything should could to be in compliance. Rick Westphal spoke and explained that she has not done a very good job of keeping her animals contained as they have shown up in his yard numerous times and have eaten some of his plants. Mr. Westphal explained that the smell of the manure doesn't allow him to open his windows in the summer. Condon asked if Mr. Westphal would be opposed to the applicant to having 3 sheep. Mr. Westphal stated that one of the considerations during the writing of the Hobby Farm Page 156 of 172 BOARD OF ADJUSTMENT January 23,2018 Minutes Ordinance was would allowing hobby farms in the city limits affect the ability to sell real estate; which is a concern of his . If the request was approved he would like the confined area to be moved to the south of the property away from his home. Councilman Morrissey reiterated the importance of following the newly adopted ordinance. He also visited the site and said there was a smell of manure. He also stated that he helped research how to develop the ordinance and was not against having hobby farms within the city limits but there needs to be rules to follow the board should stick to the ordinance. Michele Westphal stated she is completely against farm animals within the city limits. She also reiterated how bad the smell is particularly during the summer. Thornsberry asked for clarification as to what the staff recommendation is.Western stated that staff is recommending approval of the variance to allow the fence to remain in its existing location and the applicant be allowed 3 sheep. Goldsberry asked Schroeder if there was anything in the ordinance that talks about the moving in and out of animals. Schroeder stated that no there isn't however if the site only allows 3 intermediate sized animals and a cow is moved in temporarily it would be a violation. Condon asked if the board had to deny the request or simply vote to approval staff's recommendation. Schroeder stated that there is not a lot of guidance for this but it may make better since to deny the request as submitted by the applicant but approve the staff recommendation. Thornsberry stated she was willing to approve 3 sheep but not to grant a variance to the fence setback. Schroeder recommended that if the variance to the fence setback is denied that the board votes to give a timeline to the moving of the fence as it would be expensive and difficult to move the fence during the winter. Chiles asked Schroeder what he thought was an acceptable timeline. Schroeder stated that 90 days might be acceptable. Condon stated that 5 months would be more reasonable. Chiles moved to deny the request as submitted, however moved to approve 3 sheep and to grant a 1 year variance for the fencing to allow time to move the fencing to the minimum 10' setback and out of the front yard area. The motion was seconded by Thornsberry. Beckman asked for clarification on the motion. Condon read the motion back to the board. It was moved by Chiles and seconded by Thornsberry to deny the request by Josue& Rebecca Rivera for a Special Permit to allow Urban Animal Hobby Farm with 4-sheep in the "R-2"One and Two Family Residence District, and a variance to allow the confinement area be 67,518 square feet, 12,482 square feet short of the 80,000 minimum required to have(4) four sheep, a variance to allow the use of the frontyard to house farm animals and a variance to the minimum 10'fence set back requirement for confinement areas located at 2214 Avon Avenue, but to approve the special for 3 sheep and a 1 year temporary variance to allow the applicant adequate time to move the fence to the minimum 1O'setback andout of the frontyard area.Motioned passed 3-1 with Beckman voting no. 6. Request be Drew Reg Investments for a Special Permit to allow a Recycling, junk or Salvage Yard in the "M-1" Light Industrial District, and approval of a variance to the 5 acre minimum lot size to allow for a size of 3.975 acres, and approval of a variance to allow a Recycling, junk or Salvage Yard to be less than 600'from a protected use located 123 & 139 Clark Street. Dornoff gave staff report. Thornsberry asked if the applicant would become members of the Recycler's Association and the ICARE program. Dornoff stated that a portion of the ICARE program is in the ordinance and all salvage yards are encouraged to join the program and follow all recommendations. Thornsberry asked for clarification on the distances of homes surrounding the property. Beckman asked for clarification of what activities CAN AM conducts. The applicant explained that the business conducts general towing as well as towing for the Waterloo Police Department, Black Hawk County Sherriff's Office and towing for private Page 157 of 172 BOARD OF ADJUSTMENT January 23,2018 Minutes companies such as AAA. Beckman asked if the cars that are on the property are put into a fenced area and if all the vehicles shown in the aerial photo are related to the above mentioned activities. The applicant stated that he is at times required to hold the vehicles for a certain period of time. Beckman asked if there is currently a moratorium on salvage yards. Schroeder gave background on the amendment of the salvage yard section of the ordinance. Schreoeder stated that there was a moratorium but it has recently lifted as the amendment to the salvage yard regulations has been adopted. Also, this request is one that was tabled until the amendment was completed therefore the applicant could not apply for a salvage yard license. Condon asked if the applicant is currently in compliance. Schroeder stated that the site is not in compliance due to there are existing junk vehicles on the site without the special permit and the applicant has been issued citations but has been delayed until it was determined if the applicant was able to obtain the special permit. Condon asked if they are all junk or impound cars. The applicant stated that they are all junk and that he has been in contact with city attorney and that if he receives the special permit that he will fence the property as required and continue on and if he does not get the special permit he would clean up the property, pay the fine and move on. Beckman asked if the proposed salvage yard would affect the site to the east that has been cleaned up and has new businesses. The applicant stated that he has been in contact with Chris Fischels who owns the site to the east and he has no problem with his business being as he plans to clean up all the trees and put in all new fencing. Beckman also asked if there were any plans to extend Clark Street. Schroeder explained that the applicant has expressed interest in vacating Clark Street however,the city is hesitant to do so as the city has some interest in connected the street and that the Waterloo Works has expressed interest in extending waterline through the area. Thornsberry stated that 20 of the 39 residences signed a petition in opposition which is 51% and she recommends tabling to see what the city council would do as far as allowing the applicant to vacate Clark Street so as to get the property more in line with the 5 acre minimum lot size. Councilman Morrissey gave the board a packet of information for which he wanted to discuss. Councilman Morrissey stated that the opposition map was inaccurate as the map indicates that there are 39 residential properties but he is seeing only 35 residential properties. Also, since the last Planning and Zoning Commission meeting on December 9 2017 he has walked the neighborhood for a second time and received 5 more signatures in opposition of the request and that would bring the total residences in opposition to a total 24 residences of the 35; which is over 71% in opposition. Councilman Morrissey noted that of the people he contacted there where 4 other residences he contacted one person was not interested in discussing, one did not speak fluent English so he was not able to communicate with the person, and two others stated they were opposed to the salvage yard request but did not want to sign the petition. He also pointed out that in his packet there are 21 more signatures in opposition who reside outside the notification area. Morrissey went on to point out that at the bottom of the application submitted it states that "The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct" Morrissey continued stating that the application is not true and correct as the area proposed for the special permit is listed is 4.66 acres but it's been acknowledged that the area is only 3.95 so the application is not correct but the Planning and Zoning Commission was told that the area for special permit was 4.66 acres which included the area in Clark Street that has not been vacated by the city council. Therefore, the Planning and Zoning Commission recommended approval of the request using inaccurate information. Morrissey went on to point out that the staff report in today's Board of Adjustment packet has different wording than the January 9 Planning and Zoning Commission meeting staff report therefore, the date on the todays staff report should be January 22 since this todays staff report is a corrected version. Morrissey went on to explain that he had Page 158 of 172 BOARD OF ADJUSTMENT January 23,2018 Minutes discussions with Noel Anderson and Aric Schroeder and asked if the vacates had been approved and conveyed and it was stated that no it has not been done as of yet. He went on to say he asked for the actual acreage of what the applicant owns and what he should have put on the application and that even if the Clark Street vacate area was included the special permit area still would not equal the minimum 5 acres. Morrissey went on to encourage the board to deny the request as the applicant has been violating the code of ordinances for a period of time and then come to you and ask for a variance to minimum 600' setback and the minimum 5 acre regulations and let him to continue to be out of compliance is wrong. Lastly, Morrissey discussed the notice of violation and the citation that is on file pointing out that it was issued May 18, 2017 with a 30 day compliance period and the hearing was to occur July 12, 2017. Based on the non- compliance and inability of the applicant to follow the standards, the 71% opposition,the site is less than 5 acres and the 600' setback please deny the request. Councilman Amos spoke in opposition of the request stating he is concerned that the Planning and Zoning Commission recommended approval of the request based on the 4.66 acres when the actual site is only 3.66 acres and that the site does not meet the minimum setback from residential uses. Larry Westerndorf spoke in opposition of the request stating the applicant should be held accountable and should not be allowed to continue to operate and that we do not need another junk yard. Thornsberry asked for clarification on the claims that the Planning and Zoning Commission recommended approval with misinformation Schroeder explained that there was no survey of the property so staff used their best estimation of the numbers. What the applicant owns and the area proposed to be vacated and was recommended for approval by the Planning and Zoning Commission but has not been forwarded to the city council as of yet because staff wanted the special permit process to occur first. Originally, estimated both the applicants property and the propose street and alley vacate was 4.7 acres. Our current estimate is 4.659 so that area did not change much. The applicant is requesting the special permit to cover the 4.659 in anticipation of vacating and purchasing Clark Street which is why the 4.7 was submitted to the Planning Commission. However, for the Board of Adjustment staff listed just the area owned by the applicant. It was moved by Thornberry and seconded by Beckman to table the request until the city council voted on the request to vacate and convey Clark Street. Condon asked if the applicant gets Clark Street vacated and then comes back to the board and we deny the request then what has he accomplished. The board agreed. Chiles mad a motion to deny. The board reminded him the there was a motion on the floor that had to be voted on first. The motion to table was denied unanimously. Condon asked if the request is denied how long would the applicant have to wait to appeal. Schroeder thought it was four months; Morrissey stated it was 6 months. A new motion was made by Chiles to deny the request as submitted. It was moved by Thornsberry and seconded by Beckman to table the request for a Special Permit to allow a Recycling,Junk or Salvage Yard in the "M-1"Light Industrial District, and approval of a variance to the 5 acre minimum lot size to allow for a size of 3.975 acres, and approval of a variance to allow a Recycling,Junk or Salvage Yard to be less than 600'from a protected use located 123& 139 Clark Street. Motion failed unanimously. A second motion was made by Chiles and seconded by Thornsberry to deny the request for a Special Permit to allow a Recycling,Junk or Salvage Yard in the "M-1"Light Industrial District, and approval of a variance to the 5 acre minimum lot size to allow for a size of 3.975 acres, and Page 159 of 172 BOARD OF ADJUSTMENT January 23,2018 Minutes approval of a variance to allow a Recycling,Junk or Salvage Yard to be less than 600'from a protected use located 123&139 Clark Street. Motion passed unanimously. 7. Request by Johnny B Construction Inc. for a variance to allow for the construction of a 30' x 30'addition to be 5' from the rear property line, 20'short of the minimum rear yard setback of 25', in the "M-1" Light Industrial District located at 1714 River Street. Andera gave staff report. There were no questions on the request. It was moved by Beckman and seconded by Chiles to approve the request by Johnny B Construction Inc.for a variance to allow for the construction of a 30'x 30'addition to be 5'from the rear property line,20'short of the minimum rearyard setback of 25; in the "M-1"Light Industrial District located at 1714 River Street. Motion carried unanimously. Discussion Condon asked whether Goldsberry was going to continue to serve on the board. Western stated he believed she was ready to step down but would call and verify with her. IV. Adjournment It was moved by Chiles, seconded by Beckman, to adjourn the meeting at 6:33 p.m. Motion carried unanimously. Sincerely, Chris W. Western Planner II/Brownfield Coordinator Page 160 of 172 CITY OF WATERLOO Council Communication Board of Adjustment minutes of February 27, 2018. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 5/2/2018 - 10:47 AM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:15 AM ATTACHMENTS: Description Type D BOA minutes 2/27/18 Cover Memo SUBJECT: Board of Adjustment minutes of February 27; 2018. Submitted by: Submitted By: Page 161 of 172 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON FEBRUARY 27,2018 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Condon, Thornsberry, Beckman, Goldsberry, and Chiles. Staff in attendance was: Western, Dornoff, and Schroeder. I. Approval of the agenda February 27, 2018 agenda. It was moved by Goldsberry to remove item number III(introductions)from the agenda and seconded by Chiles. Motion carried unanimously. It was moved by Goldsberry, seconded by Thornsberry to approve the agenda as amended. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, January 23. 2018. Goldsberry pointed out a typo in the minutes. Condon asked for clarification as to whether it was the Board of Adjustment or Planning and Zoning that put the Hobby Farm ordinance amendment on hold. Schroeder stated that it was a combination of the two. Beckman clarified that he voted to deny the request to allow the request by Josue and Rebecca Rivera for a special permit to allow for 4 sheep and voted no to the variance to allow 3 sheep. Beckman also pointed out a typo on page 5 that it should have stated Waterloo Water Works as opposed to Waterloo Works. It was moved by Beckman, seconded by Thornsberry to approve the minutes of the February 27, 2018 Regular Meeting as amended. Motion carried unanimously. III. Decision Items 1. Request by Heinold Hog Markets L.I.C. for a variance to the hard surfacing requirements to allow for the use of gravel for the required parking and vehicular use areas in conjunction with the construction of a 90'x 120' Pole building,generally located directly east of Tyson Foods along Elk Run Road, in an "M-2". "M-P" Planned Heavy Industrial District. Dornhoff gave staff report. Thornsberry asked for clarification of the Engineering Departments concern for the use of gravel for the proposed development and is there a maintenance requirement for gravel parking lots. Dornhoff stated that concern was with the potential for heavy dust generated by truck moving in and out of the site and that there was not a maintenance requirement for gravel parking lots. Beckman asked for more clarification as to what a hog processing facility was. The applicant Steve Peterson spoke and explained that the facility serves as a pass through and takes hogs from Tyson that they do not want to slaughter and trucks them to other packers around to the mid-west. He went on to explain that there is no slaughtering of animals at the facility with a max of 150 to 300 hogs per day that will be dropped off at the proposed facility and typically only spend 12 to 16 hours max. Also there is no feeding of the animals and the site will be a dry facility as there will be no washing of the animals and they will be using wood chips. Beckman asked for clarification of the location of the proposed facility. The applicant stated that the building will be located in the northwest corner of the site. Beckman asked if there was anything else going into the rest of the site. The applicant stated no, and that they tried to purchase 5 of the 14 acres but were forced to buy the entire sit. The Page 162 of 172 BOARD OF ADJUSTMENT February 27,2018 Minutes applicant stated that the remaining 10 acres would possibly be rented out to a farmer or seeded. Condon asked how many trucks there will be a day. The applicant stated that there will be approximately 12 per day and they would load or unload and then leave the site. Also,there will be two shifts of receiving with one staff person per shift. Condon asked how long the driveway will be. The applicant estimated it would be approximately 60'. Chilles asked for clarification on what will be paved and what will be gravel. The applicant explained that the loading docks and employee parking will be concrete with the rest being gravel. Beckman asked what the hours of operation would be. The applicant stated that it would be 6 a.m.to 8 p.m. Condon asked if the business closed down would board be able to require hard surfacing of the new owner. Schroeder stated that if the facility was proposed to be reused with the same use the variance would run with the land. However, if the site was redeveloped and the building torn down then the site would need to be hard surfaced or a separate variance request would need to be submitted to allow for gravel. It was moved by Thornsberry, seconded by Goldsberry to approve the request by Heinold Hog Markets L.LC.for a variance to the hard surfacing requirements to allow for the use of gravel for the required parking and vehicular use areas in conjunction with the construction of a 90'x 120'Pole building generally located directly east of Tyson Foods along Elk Run Road, in an "M-2', "M-P"Planned Heavy Industrial District Motion Carried unanimously. 2. Request by Rich Francis for a variance to allow for the construction of a 60'x 40' Pole building (2,400 sq.) in addition to an existing 1,400 square foot pole building for a total of 4,200 square feet, 2,400 square more the maximum accessory square feet of 1.800 square feet,to have a total height of 17'.4", 2' . 4" over the 15' maximum height allowed,and to allow for vertical metal siding_generally located at 2000 East Donald Street in a "R-1". One and Two Family Residence District. Western gave staff report. Goldsberry asked for clarification on how the site in question got zoned "R-1". Schroeder explained that the site used to be Veridian Credit Union and was sold and converted into a dwelling after it was rezoned to "R-1". Condon asked if you can build the pole building without a house. Schroeder explained that the house was demolished in preparation of building a new home on the site and that the applicant wanted to obtain the variance for the pole building first and then will pull permits for both the house and pole building and will have the home built within 60 days. Beckman asked that the applicant address the board to answer additional questions. Beckman asked for clarification as to the location of the house and pole building. The applicant explained that the new pole building will be built on the same foot print as the former bank and the new home will be built directly to the east of the new building. Condon asked it the applicant would be okay with adding a restriction that the house had to be started prior to building the pole building. The applicant stated that it would not be a problem as he plans to build both buildings right away. Chilles asked if the building will be attached to the home what the plans are for the existing pole building. The applicant sated that building would not be attached and he plans to keep the existing build for additional storage. It was moved by Beckman, seconded by Goldsberry to approve the request by Rich Francis for a variance to allow for the construction of a 60'x 40'Pole building (2,400 sq.) in addition to an existing 1,400 square foot pole building for a total of 4,200 square feet, 2,400 square more the maximum accessory square feet of 1,800 square feet, to have a total height of 17, 4', 2 , 4"over the 15'maximum height allowed, and to allow for vertical metal siding generally located at 2000 East Donald Street in a "R-1'. One and Two Family Page 163 of 172 BOARD OF ADJUSTMENT February 27,2018 Minutes Residence District and with the requirement that proposed residential dwelling be completed prior to the building the new pole building. The Motion Carried unanimously. 3. Request by Central Property Holdings. LLC for approval to allow a parking lot to not be on the same lot as the use the parking lot is for, for a use that is non-conforming-as to parking requirements,to allow for the construction of a parking lot located West of 421 Pine Street, said parking lot to serve the Walnut Court apartment complex located across the street to the south at 315 Walnut Street. Schroeder gave staff report. Goldsberry asked if there was going to be a crosswalk from the new parking lot to the Walnut Court Apartment. Schroeder stated that there will be two crosswalks one from the new parking lot to the apartment complex and one to the proposed grocery store. Condon asked if the existing parking lot is owned by Walnut Court and if the new parking is being conveyed to Walnut Court Apartment Complex. Schroeder explained that it would be transferred as a part of the development agreement between Central Property Holdings the City of Waterloo and Walnut Court Apartments. Asked if there was any requirement for the apartment complex to have off street parking and could the new parking be sold in the future. Schroeder explained that the apartment complex is "Grandfathered in" and is not required to have off street parking as the building was built prior to the adoption of the ordinance in 1969 and that it may be a possibility that the lot could be sold so maybe a restriction could be placed on the property preventing the sale of the lot by the board. Beckman asked for clarification as to the location of the proposed location of the new parking lot. Schroeder explained that the lot will be built on the most easterly lot with the water detention to the westerly properties with the middle lot left for future expansion. Thornsberry asked it the board could attach a condition to prevent the new parking lot to be sold in the future. Schroeder stated that yes the board could attach a condition preventing the sale of the new lot. Thornsberry asked if the middle lot was not used for the expansion of the parking but for some other use would the detention plan be adjusted to make sure it is adequate. Schroeder stated that any use other than the expansion of the parking lot would require an update of the detention plan. Goldsberry asked if the apartment complex will own the new parking when complete. Schroeder stated that it would be. Shimp spoke in favor of the request stating this project is good for the neighborhood and the city and encouraged approval of the request to keep the project moving. Levi gave an overview of the project and stated that the owner of the Walnut Court Apartments desperately needs parking for his tenants and idea that the lot would be sold is not remotely likely due to the expense to develop. Chilles asked Levi if the board put the restriction of the parking lot preventing it from being sold in the future would it affect the value of the property. Levi stated he's not a realtor and wouldn't speculate on that but did state that restrictions would likely get a second glance. Beckman asked what address the grocery store would have. Levi explained the store layout explaining that the store would face Franklin Street. Thornsberry asked for more clarification on the number of lots that will be created. Levi stated that there 28 stalls to be located on the easterly lot and the rest will be green space. Beckman asked if the existing trees are going to be removed. Levi stated that they would remove the existing trees and install new landscaping to meet city landscape ordinances. Condon stated he no longer sees any reason to place a restriction the lots and stated that the projects is very exciting. Thornsberry also stated that she was very pleased to see the development coming to fruition. Anderson reiterated that there is no logical reason to sell off the parking lot at any time. In fact without the parking lot tenants may leave or not locate there. He also stated he did not want any restrictions on the site. Beckman asked about lighting at the new parking lot and if it would be set up to not be obtrusive to surrounding neighbors. Levi explained that the lighting will be neighbor friendly and will have little light pollution. Page 164 of 172 BOARD OF ADJUSTMENT February 27,2018 Minutes It was moved by Goldsberry,seconded by Chilles to approve the request to allow a parking lot to not be on the same lot as the use the parking lot is for,for a use that is non- conforming as to parking requirements, to allow for the construction of a parking lot located West of 421 Pine Street, said parking lot to serve the Walnut Court apartment complex located across the street to the south at 315 Walnut Street. Discussion None IV. Adjournment It was moved by Beckman, seconded by Chilles, to adjourn the meeting at 5:33 p.m. Motion carried unanimously. Sincerely, Chris W. Western Planner II/Brownfield Coordinator Page 165 of 172 CITY OF WATERLOO Council Communication Planning& Zoning minutes of March 6, 2018. City Council Meeting: 5/7/2018 Prepared: 5/2/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 5/2/2018 - 10:59 AM Clerk Office Even, LeAnn Approved 5/2/2018 - 11:21 AM ATTACHMENTS: Description Type D P&Z minutes of 3/6/18 Cover Memo SUBJECT: Planning& Zoning minutes of March 6, 2018. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Page 166 of 172 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. March 6, 2018 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:10 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Flynn (by phone), Holdiman, Hall (arrived at 4:20), Tyson (by phone), Castle and Wilber. Members absent were: Donat, Miehe and Buttgen. Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, John Dornoff and Seth Hyberger—Planning Department, Matt Mahler—Waterworks, and 20 citizens. I.Financial Report: January 2018 Anderson gave the staff report and noted that revenue is a little ahead while costs are remaining below ILApproval of the Agenda It was moved by Wilber, seconded by Castle to approve the agenda. Motion carried unanimously. III. Approval of the Minutes from the Regular Meeting on February 6, 2018 Regular Meeting It was moved by Tyson, seconded by Wilber to approve the minutes of the February 6, 2018 meeting. Motion carried unanimously. IV.Oral Presentations No Oral Presentations V.New Business A. Hearings-Rezones and Site Plan Amendments 1. Request by Hope M. Anderson to rezone 129.16 from"A-1"Agricultural District to "R-1" One and Two Family Residence District, located next to 5805 Kimball Avenue,between Kimball Avenue and Highway 21, and north of E. Orange Road. It was moved by Hall and seconded by Wilber to receive and place on file the statement of verification at 4:30 p.m. Motion carried unanimously and Holdiman declared the hearing open. Hyberger gave the staff report recommending approval of the rezone with the condition that a traffic study will be required for the proposed rezone area prior to the submittal of the final plat. Flynn asked when the traffic engineer was looking to have the traffic study done to which Anderson responded before the final plat is submitted and looking at the timeline it could be in the next month. Castle commented that engineering had concerns about only one through road and asked if that would be looked at during the traffic study to which Anderson answered that it could be but it is something looked at during the plat process. Wilber asked if the letter from Waterworks concerning the water pressure applied to Orange school also to which Mahler responded that yes the school was taken into consideration. Alex Bower, Fahr Graham Engineering representing the applicant noted that they have been working with the Planning Department for almost a year to create the development. The applicant has made many Page 167 of 172 Planning and Zoning Commission March 6,2018 changes to the plan and after seeing the opposition during the last meeting decided to change to a straight "R-1"would make everything cleaner. Flynn asked how the developer was determining the lot sizes to which Bower responded that the applicant is looking to have something for everyone in this development. Quarter acre lots were the optimal size to keep prices between $230,000 and $280,000 but then stair step into bigger lots going up to 0.7 acres with an average of 0.46 acres. Anderson noted that tonight's action will not determine lot size that it will only rezone the property to they can go into the platting process. Barbara Henning, 138 Sidehill Drive, thanked the developer for leaking everything "R-1" and stated that she would like to see a bus lane for Orange School. Trudy Friedley, 145 West Orange Road, thanked the developer for listening to concerns from the neighbors but would urge the developers to reconsider the lot sizes to make it comparable to the existing Orange neighborhood lots of 0.5 acres. After driving through existing neighborhoods with smaller lot sizes they are concerned but number of privacy fences because you can see into neighbors' homes. Monique Walters, 5404 Kimball Avenue, also thanked the applicant and the development team for meeting with residents and thinks neighborhood is going to be better because of that but Friedley's concerns on lot sizes are valid. Walters asked about the northern entrance and how that will be developed and if that is part of the platting process to which Anderson answered that it would be a private drive unless they were going to maintain an easement and that would be developed with the engineering department. Also noted that there is drain tiles on the property to located to the north of the rezone area. She also stated that the property to the north which is owned by her in-laws was rated at 97 which means it is very good farmland and the rezone property is probably similar which means we are losing valuable farmland. Bob Manning, Executive Officer for the Cedar Valley Home Builders Association, noted that requirements for subdivisions are more stringent than compared to when the original Orange development occurred which increases cost so developers need to put on more lots to justify the cost. Association contacted applicant about a year ago stating that schools are magnets for new developments and that is a positive and hoping to increase the construction market and create more options. There is lots of people that work at Covenant and VGM who would like to live closer to work. Jim Maas, 113 Lichty Blvd, would also like to see larger lot sizes. Niki Maas, 113 Lichty Blvd, also would like the developer to look at bigger lot sizes. Mike Henning, 138 Sidehill Drive, appreciates the work that Mahler has done over the last month concerning the water pressure issue. It was moved by Hall, seconded by Castle, to close the hearing. Motion passed unanimously. Wilber asked that when the traffic study is done that it take into consideration time so not done during spring or summer break for the schools and also to look at Orange Road from Highway 21 to Ansborough. Flynn noted that this was a collaborate effort to create a plan that works. It was moved by Hall, seconded by Castle to recommend the approval of the rezone with the condition that a traffic study be required for the proposed rezone area prior to the submittal of the final plat. Motion carried unanimously. Flynn left the call at 5:50pm. - 2 - Page 168 of 172 Planning and Zoning Commission March 6,2018 2. Request by Heinold Hog Markets LLC for a Site Plan Amendment to the "M-2,P"Planned Industrial District for the construction of a 12,375 square foot livestock processing facility located adjacent to 720 N Elk Run Drive. It was moved by Wilber and seconded by Tyson to receive and place on file the statement of verification at 4:58 p.m. Motion carried unanimously and Holdiman declared the hearing open. Dornoff read the staff report recommending approval with the following conditions: 1) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc. and 2) that the applicant will need to submit records showing that the facility has the permission to use the WATCO owned driveway. . Steve Peterson, 1310 Fox Ridge Road Dike, Iowa and manager of Heinold Hog Markets. Noted that this is a pass through facility, and will not be a slaughter operation with about 300 hogs passing through and 6 to 12 trucks per day. Wilber asked if there would be special requirements for the septic system due to the livestock to which Schroeder responded that the septic will only be for the employees not the livestock. Garth Carlson, Vets Truck Wash, 720 N Elk Run Road wanted to ensure that drainage and the number of trucks in the area is looked at. It was moved by Hall, seconded by Castle, to close the hearing. Motion passed unanimously. It was moved by Hall, seconded by Castle to recommend approval of the site plan amendment subject to the following conditions: 1) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc. and 2) the applicant will need to submit records showing that the facility has the permission to use the WA TCO owned driveway. Motion carried unanimously. 3. Request by Wayne Claassen Engineering and Surveying Inc. on the behalf of Friends of Faith Retirement Homes, Inc. to rezone 14.5 acres from "R-2" One and Two Family Residence District and "R-3"Multiple Residence District to "R-4,R-P"Planned Residence District located at 600 Park Lane to allow for the redevelopment of an existing retirement home community. It was moved by Wilber and seconded by Castle to receive and place on file the statement of verification at 5:09 p.m. Motion carried unanimously and Holdiman declared the hearing open. Western read the staff report recommending approval of the rezone with no conditions listed. Mike Young, 215 Pauline Place, representing the applicant noted that Friendship Village will be celebrating its 50th anniversary in a couple of months so part of the complex is nearing the end of their life and need to be replaced but they decided to redevelop the existing building rather than move somewhere else which will bring a seventy-million dollar investment to the community. It has taken many years to prepare these plans which include keeping existing residents at the complex while new portions are completed in other parts of the property. Will create a tapered transition from the single family homes to the newer 4 story complex and there will be no land acquisition for the facility. Bill Claassen, 645 Sheridan, clarified that the pool are is not in the flood plain. It was moved by Hall, seconded by Tyson, to close the hearing. Motion passed unanimously. It was moved by Hall, seconded by Wilber to recommend approval of the rezone. Motion carried unanimously. B. Special Permit - 3 - Page 169 of 172 Planning and Zoning Commission March 6,2018 1. Request by Wayne Claassen Engineering & Surveying Inc. on the behalf of Friends of Faith Retirement Homes, Inc. for a Special Permit to allow a non-profit institution at 600 Park Lane for the redevelopment of the existing, retirement home community. Western read a paragraph of the staff report that was different from the report for the rezone and recommended approval of the special permit with no conditions listed. It was moved by Tyson, seconded by Hall to recommending approval of the special permit. Motion carried unanimously. 2. Request by Boys and Girls Club for a Special Permit to allow a non-profit institution to construct a 10,550 square foot building for the establishment of a Teen and Education Center,within a"C-2" Commercial District, located at 807 and 809-811 East 4th Street Western gave the staff report recommending approval of the special permit with the condition that the final site plan meets all applicable city codes, regulations, etc. including,but not limited to,parking, landscaping, screening, drainage, etc., except as approved by the Board of Adjustment. Hall noted that he would be sustaining as he sits on the Boys and Girls club committee. It was moved by Castle, seconded by Wilber to recommend approval of the special permit with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc., except as approved by the Board of Adjustment. Motion carried 4-0 with Hall abstaining. C. Discussion Anderson said that the countdown to the 2020 Census has begun with the LUCA to which the city insures the census has accurate address information is currently being done and the commission will be kept informed of how the process is proceeding. It was moved by Hall, seconded by Wilber to adjourn the meeting at 5:32pm. Motion carried unanimously. Respectfully submitted, i John Dornoff, Planner 1 - 4 - Page 170 of 172 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the notice of the conclusion of employment for Gary Luck Jr., Sewer Maintenance Foreman, effective March 30, 2018 with recommendation of approval of payout of$11,939.21 for unused benefits. City Council Meeting: 5/7/2018 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 5/2/2018 - 4:41 PM Clerk Office Even, LeAnn Approved 5/2/2018 - 4:42 PM ATTACHMENTS: Description Type Communication from the Waste Management Services Department on the SUBJECT: notice of the conclusion of employment for Gary Luck Jr.. Sewer Maintenance Foreman, effective March 30, 2018 with recommendation of approval of payout of 511,939.21 for unused benefits. Submitted by: Submitted By: Page 171 of 172 CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 50703 • Today's Date: 4/13/2018 Effective Date: 3130/2018 Employment Date: 10/28/1986 To: City Council Members Re: Notice of Severance Department Waste Management Services Job Title/Classification Sewer Maintenance Foreman This is to report that the employment of Gary Luck JR. with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (xJ Hourly Rate Total Payout Vacation-Accrued 49 $ 29.96 $ 1,468.04 Vacation-Current 200 $ 29.96 $ 5,992.00 Usable Sick Leave 62.5 $ 29.96 (x)25% $ 468.13 Frozen Sick Leave (x)60% $ - Personal Hours 20 $ 29.96 $ 599.20 Comp Time Pay 113.88 $ 29.96 $ 3,411.84 Unscheduled Leave $ - Other Pay $ - Total Payment $ 11,939.21 Comments: � f Approved by v Date Human Resourcesr �,\ \L — " Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Updated 6128111 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Page 172 of 172