HomeMy WebLinkAboutCouncil Packet - 7/2/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, July 2, 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 200
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Steven Nielsen, Library Director
Agenda, as proposed or amended.
Minutes of June 25, 2018, Regular Session, as proposed.
ORAL PRESENTATIONS
I owa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on
file in the office of the City Clerk.
2. Resolution canceling the regular city council meeting of July 23, 2018 and
scheduling a regular city council meeting for July 30, 2018.
Submitted By: Kelley Felchle, City Clerk
3. Request to certify assessments to properties for work performed by the Waterloo
Water Works, together with recommendation of approval by the Waterloo Water
Works Board of Trustees:
Addresses and amounts to certify:
620 Fowler Street- $2,865.00
409 Independence Avenue- $3,250.00
636 Hickory Street- $1,564.00
Submitted By: Matt Mahler, General Manager
4. Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete
driveway located at 713 Eureka Street and authorizing the construction of a
concrete driveway and placing a driveway or sidewalk on city right-of-way on an
unimproved street.
Submitted By: Jamie Knutson, PE, Interim City Engineer
5. Request from K. Cunningham Construction Co, Inc. for a variance to the Noise
Ordinance to allow for saw cutting of newly placed concrete on University Avenue
from Greenhill Road to Evergreen Street, for a 24 hour a day operation from June
Page 2 of 200
25, 2018 to December 31, 2018.
Submitted By: Dave Mohlis, Police Captain
6. Request from the Iowa Department of Transportation, District 2 Office, for a
variance to the Noise Ordinance for twenty-four hour construction to U.S. Hwy 63
located between Franklin and Newell Streets from July 2, 2018 to December 31,
2019.
Submitted By: Dave Mohlis, Police Captain
7. Request from Joseph Meany for a waiver for a concrete driveway located at 1500
Maynard Avenue with the elimination of the sidewalk section due to the inability to
meet grade requirements.
Submitted By: Jamie Knutson, PE, Interim City Engineer
8. Request from Gary Miller for a waiver for a concrete driveway located at 206
Bishop Avenue with the elimination of the sidewalk section due to the inability to
meet grade requirements.
Submitted By: Jamie Knutson, PE, Interim City Engineer
9. Resolution setting a date of public hearing as August 6, 2018 to approve
Amendment No. 5 to the Northeast Industrial Area Urban Renewal and
Redevelopment Plan to expand the boundaries, update projects to include
additional projects, financial information and other general updates to the Plan,
setting date of consultation with taxing entities for July 17, 2018, and instruct City
Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution setting a date of public hearing as July 16, 2018 to authorize the sale
and conveyance of 1.5 acres of City owned property for $1.00 commonly known
as the former Logan Plaza area, and enter into a Development Agreement with
Avita Developments, LLC, for the construction of a 5,300 sq. ft. medical office
expansion with a minimum value of $1.1 million added to existing value, and 5
years at 50%tax rebates.
Submitted By: Noel Anderson, Community Planning & Development Director
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Lt. McGeough and Sgt. Richter
Class/Meeting: NTOA National Tactical Officers Association Conference
Destination: Milwaukee, WI
Dates: September 16- Amount not to exceed: $2,544.00
21, 2018
b. RO.'s Tindall and Moore
Class/Meeting: Firearms Instructor School
Destination: Johnston, IA
Dates: July 30-August 3, Amount not to exceed: $3,580.00
2018 and August 6-10,
2018
C. Sgt. Schuster
Class/Meeting: Women in Command
Page 3 of 200
Destination: Waterloo, IA
Dates: August 20-21, Amount not to exceed: $329.00
2018
d. Sgt. Monroe
Class/Meeting: First Line Supervisor School
Destination: Johnston, IA
Dates: July 16-20, 2018 Amount not to exceed: $1,330.00
e. Angie Fordyce, Coordinator
Class/Meeting: HOME Basics Course
Destination: Woodstock, IL
Dates: July 15-18, 2018 Amount not to exceed: $1,200.00
f. Mayor Quentin Hart
Class/Meeting: Iowa League of Cities Annual Conference
Destination: Council Bluffs, IA
Dates: September 11-14, Amount not to exceed: $530.00
2018
g. John Dornoff, Planner I
Class/Meeting: National Alliance of Preservation Commissions Forum 2018
Destination: Des Moines, IA
Dates: July 17-22, 2018 Amount not to exceed: $1,223.00
2. LIQUOR LICENSES
a. Amigo Mexican Restaurant, 1415 E. San Marnan Drive
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 2/28/2019
b. Benevolent & Protective Order of Elks#290, 407 E. Park Avenue
Class: C Liquor w/Outdoor Service and Catering
Renewal Application Includes Sunday
Expiration Date: 6/30/2019
C. Dad's Pub, 1106 La Porte Road
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 6/30/2019
d. Guddi Mart, 306 Byron Avenue
Class: E Liquor
New Application Includes Sunday
Expiration Date: 5/19/2019
e. Guddi Mart, 306 Byron Avenue
Class: B Wine/ C Beer
New Application Includes Sunday
Expiration Date: 5/19/2019
Page 4 of 200
f. Lighthouse Lounge, 1307 W. 5th Street
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 6/28/2019
g. National Dairy Cattle Congress, 250 Ansborough Avenue
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 2/28/2019
h. Olive Garden Restaurant #1489, 1315 E. San Marnan Drive
*Ownership Update*
Class: C Liquor
New Application Includes Sunday
Expiration Date: 5/28/2019
i. Old Skool Lounge, 120 Sumner Street
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 7/5/2019
j. Spicoli's Reverb, 3555 University Avenue
Class: C Liquor w/Outdoor Service
New Application Includes Sunday
Expiration Date: 6/30/2019
3. Cigarette/Tobacco Permit New Application for R&H Entertainment dba Broken
Record, 315 W. 4th Street.
4. Cigarette/Tobacco Permit New Application for Snack Shack, 4335 Texas Street.
5. Cigarette/Tobacco Permit New Application for Affluent Corporation/King Star,
2035 E. Mitchell Avenue.
6. Motion to receive and file the Iowa Public Official Bond for Waterloo Water Works
Trustee Member Mary Potter.
Submitted By: Matt Mahler, General Manager
7. Recommendation of appointment of Laura Winninger, from the Civil Service list, to
the position of Clerk II, Waste Management Department, effective July 23, 2018.
Submitted By: Steve Hoambrecker, Waste Management Services Director
8. Bonds.
RESOLUTIONS
2. Resolution approving Otto Schoitz Foundation Grant Application in the amount of
$200,000 for the Lincoln Park Improvements Project.
Submitted By: Paul Huting, Leisure Services Director
3. Resolution approving installation of two (2) 25 MPH speed humps in the 3800 and 3900
blocks of Memory Lane.
Submitted By: Sandie Greco, Interim Public Works Director
Page 5 of 200
4. Resolution accepting the award of a $500 Certified Local Government Grant from
the Department of Cultural Affairs for attendance at the 2018 National Alliance of
Historic Preservation Commissions Conference on July 18, 2018 through July 22, 2018
in Des Moines, Iowa, and authorize the Mayor and City Clerk to execute said
documents.
Submitted By: Noel Anderson, Community Planning and Development Director
5. Resolution approving a request by CGA Engineering on behalf of 30 Something Real
Estate, LLC, for the preliminary plat of 10.02 acres for Magnolia Hills to allow for the
development of a twelve (12) lot residential subdivision, located adjacent to and
northwest of 1900 Westchester Road.
Submitted By: Noel Anderson, Community Planning and Development Director
6. Resolution approving an agreement with the Chicago, Central and Pacific Railroad
Company for the reconstruction of the Airport Boulevard at-grade surface crossing, with
the City's share of the cost totaling $28,613, and authorize the Mayor to execute said
agreement.
Submitted By: Jeff Bales, Associate Engineer
7. Resolution approving Contract Modification No. 40 for a net increase of $23,100 in
conjunction with the Highway 63 Downtown Couplet Reconstruction Project.
Submitted By: Jeff Bales, Associate Engineer
8. Resolution approving a variance to the requirements of the Subdivision Ordinance in
Section 11-3-3(D)Application Procedure and Requirements as it relates to the approval
of the final plat of Magnolia Hills Subdivision.
Submitted By: Noel Anderson, Community Planning and Development Director
9. Resolution approving a request by CGA Engineering on behalf of 30 Something Real
Estate, LLC, for the final plat of 10.02 acres for Magnolia Hills to allow for the
development of a 12 Lot Residential Subdivision located adjacent to and northwest of
1900 Westchester Road.
Submitted By: Noel Anderson, Community Planning and Development Director
OTHER COUNCIL BUSINESS
10. Motion approving Change Order No. 1 for a net increase of $65,900.00 in
conjunction with the FY 2018 Bridge and Culvert Repairs Project, Contract No.
950, and authorize the Mayor and City Clerk to execute said document.
Submitted By: Wayne Castle, PLS, PE,Associate Engineer
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
Page 6 of 200
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Board of Adjustment minutes of April 24, 2018.
2. Planning, Programming &Zoning minutes of April 3 and May 1, 2018.
3. Waterloo Water Works Board of Trustees meeting minutes of June 20, 2018.
Page 7 of 200
CITY OF WATERLOO
Council Communication
Minutes of June 25, 2018, Regular Session, as proposed.
City Council Meeting:7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk (..)ffice 1" mmcy Approved /27/2018 ... 9.6 AM
ATTACHMENTS:
Description Type
Minutes of.1une 25, 2018 p:::lamc°kup:r Mateilap
Submitted by: Submitted By:
Page 8 of 200
June 25, 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, June 25, 2018. Mayor Pro Tem, Sharon Juon in the Chair. Roll Call:
Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Mayor Hart was absent.
Prayer or Moment of Silence.
Pledge of Allegiance: Steven Hoambrecker, Waste Management Director
146198 - Amos/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, June 25, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146199 - Amos/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, June 18, 2018, at 5:30 p.m., be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Barb Gregorson, member of Cedar Valley Character Counts, explained that on July 10 from 4:00 to
6:00 p.m. at Tama Hall on Hawkeye Community College campus will be a community conversation
on civility in public discourse. She invited the council to attend the event.
Jim Chapman, 224 Bertch, commented that there is a big difference from people on social security
receiving a 2 percent pay increase vs. someone working for a larger salary receiving a 2 percent pay
increase.
Dwayne Eihlers, 1205 '/z Bishop Street,provided council with an invoice from Frickson Brothers
Excavating concerning repair charges to replace paveboxes at 418 Bayard and 179 W. 18th St.
Todd Obadal, 124 Amity Drive, commented that the citizens keep seeing a pattern that they can be
taken and squeezed but the city cannot seem to trim costs and find efficiencies. He further
commented on the pay increase conversation and that the city is not locked in to a budget decision
and the council does have the prerogative to make adjustments as needed. He further commented on
various processes that took place at the prior council meeting.
Bruce Kaesser, CRC Apartments, thanked Mayor Hart for hosting Walk Waterloo on Friday, which
highlighted new development downtown.
David Dryer, 3145 W. 4th Street, commented on the number of TIF transfers and if the monies were
considered at the time of the budget review.
Mr. Morrissey highlighted that the Church Row Neighborhood is forming a new program with Black
Hawk County Veterans Affairs to purchase a property, fix it up, and make it available to a veteran
family. He commented that the City of Dubuque has been using the racial equity toolkit since 2015
and also asked that the council approve a bicycle ordinance similar to what the City of Hudson has
moving towards adopting. He further commented that Waterloo is the only city that has not yet
adopted the Highway 20 historic highway designation.
June 25, 2018 Page 2
Dave Zellhoefer, City Attorney, commented that the city has not received notice that Mr. Ehilers has
filed suit against the city.
Mr. Schmitt commented that Mr. Eihlers has essentially received no response from the city regarding
the issue and that recent new information shows the city actually owns the property and he does not
see how Mr. Eihlers should be responsible for the repairs. He further commented that council should
reconsider this issue by motion to delay the action against Mr. Eihlers.
Mrs. Klein commented that she prefers the city not take up reopening this item and she is
comfortable with the decision the city departments have made.
Mr. Jacobs commented he is in favor of the prevailing side to make a motion to reconsider based on
the new facts.
Matt Mahler, General Manager, Waterloo Water Works, explained that there is a 30-days to pay
period,prior to certification to the county.
Mrs. Juon questioned if there was a motion to reconsider, and there was not.
146200 - Amos/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
146201 - Amos/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 June 25, 2018, in
the amount of$7,416,916.30, 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. 2018-446.
2. Resolution approving the request of KBBG-FM to hold its Annual Community Parade on
August 11, 2018 from 10:00 a.m. to 12:00 noon, beginning at Gates Park and traveling on
Barclay,Newell, Mobile, Sumner and 4th Streets and ending at the African American
Museum site.
Resolution adopted and upon approval by Mayor assigned No. 2018-447.
3. Resolution approving the request from South Waterloo Church of the Brethren to hold the 1 st
Annual 4K Run/Walk on August 5, 2018, beginning at 7:00 a.m., traveling on Kimball
Avnue, Washburn Road, and Ansborough Avenue, and returning to the church parking lot
located at 6227 Kimball Avenue.
June 25, 2018 Page 3
Resolution adopted and upon approval by Mayor assigned No. 2018-450.
6. Resolution approving the request of Nanci and James Geiger for tax exemptions on the
construction of a new single family home valued at$243,499 for property located at 4420
Charm Drive, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-451.
7. Resolution approving the request of Thomas J. Ferguson for tax exemptions on the
construction of a new single family home valued at $334,891 for property located at 1240
Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-452.
8. Resolution approving the request of Timothy& Jessica Edson for tax exemptions on the
construction of a new single family home valued at $285,000 for property located at 1159
Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-453.
9. Resolution approving the request of Gerald and Paula Germann for tax exemptions on the
construction of a new single family home valued at$274,900 for property located at 1527
Maxine Avenue, and located in the City Limits Urban Revitalization Area(CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-454.
10. Resolution approving the request of Deborah Sallis for tax exemptions on the construction of
a new single family dwelling valued at$207,000 for property located at 2613 Idaho Street,
and located within the Consolidated Urban Revitalization Area(CURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-455.
11. Resolution approving the request of Babic Properties, LLC for tax exemptions on the
construction of a new auto shop valued at $140,800 for property located at 196 W 12th
Street, and located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-456.
12. Resolution approving the request of 3 Stooges, LLC for tax exemptions on the construction
of a remodel and addition on a commercial building valued at $104,000 for property located
at 520 W. Parker Street, and located within the Consolidated Urban Revitalization Area
(CURA).
Resolution adopted and upon approval by Mayor assigned No. 2018-457.
13. Resolution approving the request of Peggy Megivern for tax exemptions on the
improvements of a remodel with siding, windows, deck, patio, wiring, new bathroom, and
ceilings valued at $53,441 for property located at 308 Maplewood Street, and located within
the Consolidated Urban Revitalization Area(CURA).
T 1 1 1 1 11 TA" 11T nnln Arn
June 25, 2018 Page 4
Resolution adopted and upon approval by Mayor assigned No. 2018-460.
16. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date
of bid opening as July 12, 2018, and date of public hearing as July 16, 2018, in conjunction
with the Waste Management Administration HVAC Cooling System, and instruct City Clerk
to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-461.
17. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as July 12, 2018 and date of public hearing as July 16, 2018 for the FY 2019
Levee Rip Rap Spraying Project, Contract No. 961, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2018-462.
18. Resolution approving fund transfers.
TO FROM AMOUNT PURPOSE
General Fund �T . 398.00 „Employee e
` rust& $5` ,998, benefits
"Agency Fund ...
'
;General Fund ;Trust& ;$643,067.69 :�Emergency levy
Agency Fund
Tax Increment Debt Set-vice $3,421,214.40 TIF share of General Obligation principal and
:Financing :Fund „Interest
:Fund '
Debt Service Sewer Fund $3,189,805.68 Sewer share of General Obligation principal
11
Fund
and interest
. . .. . .. . .. . .. . u„
Sewer Fund Debt Service $2,097,030.56 :,Sewer portion of General Obligation bonds
Fund n efunded in June 2018
'General Fund Tax Increment '$40,000.00 Reimburse General Fund for services provided
Financing :�by Main Street
Fund
:General Fund Tax Increment ':$97,996.75 Reimburse General Fund for administrative
Financing expenses provided for TIF projects
Fund
:General Fund Tax Increment ':$85,000.00 Reimburse General Fund for services provided
Financing by the Greater Cedar Valley Alliance
Fund
Capital 'Tax Increment ':$366,244.00 :�San Marnan property acquisition
Projects Fund Financing
Fund
Capital 'Tax Increment ':$90,442.50 San Martian Ansborough Avenue
Projects Fund Financing improvements
Fund
Capital Tax Increment's $3,880.00 San Marnan administrative expenses '
June 25, 2018 Page 5
:Projects Fund Financing Extension
t nProject
Fund '
�Capital . . . .. � . .x Increment�� $2,007.50
Ta ._
Martin Road administrative expenses
:Projects Fund :Financing
Fund
. . . '
Capital .. � . . �
Tax Increment� $100 000.0� Rath p ro._ pert._ ._�_ac._ q._
uisition
:Projects Fund :Financing
Fund '
Capital Tax Increment 0$94.0Rath administrative expen���ses ���
:Projects Fund :Financing
:Fund '
�Capital ;Tax Increment :$29,960.3 :East Waterloo Unified- MidPort Lever�����
8
see
;Projects Fund ;Financing urea development project
'Fund '
Capital :Tax Increment :$36,361.16 :East Waterloo Unified -Wagner Roads
anitary
rProjects Fund :Financing :sewer extension and grading
:Fund '
Capital :Tax Increment :$5,936.00 :East Waterloo Unified MidPort administrative
:Projects Fund :Financing :expenses
:Fund
Capital Tax Increment $1,000,022.00 East Waterloo Unified-Logan North Crossing
:Improvements :Financing :property acquisition
':Fund Fund '
Capital Tax Increment $930,230.00 East Waterloo Unified- Logan property
:Projects Fund :Financing :acquisition
Fund '
Capital :Tax Increment :$50,000.00 :East Waterloo Unified- Log an consulting
ng
Projects FundFinancing fund Uservices
.. . .. . .. . . . . II" - ,. ,. ,. - ,. ,. ,. - ,. ,. ,. - ,. ,. ,. - ,. ,. ,. - ,. ,. ,. - ,. ,. ,. -
Capital Tax Increment, $7,237.00 East Waterloo Unified- Logan administrative
Projects Fund Financing ilexpenses
:Fund
Capital Tax Increment $162,194.06 Downtown Single Speed project
,Projects FundFinancing
Fund °
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Resolution adopted and upon approval by Mayor assigned No. 2018-463.
19. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in
an amount not to exceed $7,000 for the year ending June 30, 2018 to finance administrative
expenses.
Resolution adopted and upon approval by Mayor assigned No. 2018-464.
20. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment
Financing funds in an amount not to exceed$50,000 for the year ending June 30, 2018 to
finance administrative expenses and the contract with the Greater Cedar Valley Alliance.
June 25, 2018 Page 6
Resolution adopted and upon approval by Mayor assigned No. 2018-467.
23. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing
funds in an amount not to exceed $68,000 for the year ending June 30, 2018 to finance
administrative expenses and the contract with Main Street Waterloo.
Resolution adopted and upon approval by Mayor assigned No. 2018-468.
24. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing
funds in an amount not to exceed $14,000 for the year ending June 30, 2018 to finance
administrative expenses.
Resolution adopted and upon approval by Mayor assigned No. 2018-469.
25. Resolution approving the use of Crossroads Urban Renewal Area Tax Increment Financing
funds in an amount not to exceed $1,000 for the year ending June 30, 2018 to finance
administrative expenses.
Resolution adopted and upon approval by Mayor assigned No. 2018-470.
sewer- and wa4er main extension pr-ejeet-.
27. Resolution approving the use of not to exceed $9,500 in Northeast Industrial Site Urban
Renewal Area Tax Increment Financing District funds for rail access design.
Resolution adopted and upon approval by Mayor assigned No. 2018-471.
28. Resolution approving the use of not to exceed $160,000 in East Waterloo Unified Urban
Renewal AreaTax Increment Financing funds for the Central Property Holdings, LLC
project.
Resolution adopted and upon approval by Mayor assigned No. 2018-472.
29. Resolution approving the use of not to exceed$8,050,000 in East Waterloo Unified Urban
Renewal Area Tax Increment Financing District funds for property acquisition and economic
development grants for the North Crossing, LLC project.
Resolution adopted and upon approval by Mayor assigned No. 2018-473.
30. Resolution approving the use of East Waterloo Unified Urban Renewal Area(Logan) Tax
Increment Financing funds in an amount not to exceed$24,000 for the year ending June 30,
2018 to finance administrative expenses and the contract with the Greater Cedar Valley
Alliance.
Resolution adopted and upon approval by Mayor assigned No. 2018-474.
b. Motion to approve the following:
June 25, 2018 Page 7
2• Approved Beer, Liquor, and Wine Applications
Name & Address of Business Class New or Expiration Includes
Renewal Date Sunda
€bier N-(,-W c n n9 X
�e
b-. Gttd a; MaA, 306 Byfeii ' Wine" rue N&w c n°gin X
venue
c. Iowa Irish Fest, Cedar Valley C Liquor New 8/7/2018 X
Soccer Complex *5 Day w/Outdoor Service
License*
d. Kwik Star#722, 1214 C Beer Renewal 7/21/2019 X
Franklin Street
e. Main Street Waterloo, 212 E. Special C Liquor New 8/6/2018 X
4th Street *5 Day Transfer
from Lincoln Park for Irish
Fest*
f. Metro Mart#4, 2332 Falls C Beer/E Liquor Renewal 6/30/2019 X
Avenue
g. Michoacana Meat Market, C Beer Renewal 4/26/2019 X
1215 Franklin Street
h. Olive Garden Restaurant C Liquor Renewal 5/28/2019 X
#1489, 1315 E. San Marnan
Drive
i. Yesway Store #10023, 117 B Wine/C Beer/E Renewal 7/13/2019 X
E. San Marnan Drive Liquor
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration New or
Date Re-Appointment
Laura Stammler Waterloo Convention & 6/30/2021 New
Visitors Bureau
Christy Decker Waterloo Convention & 6/30/2021 Re-appointment
Visitors Bureau
Amanda Goodman Metropolitan Transit 6/30/2021 New
Authority Board
Bonetta Culp Metropolitan Transit 6/30/2021 Re-appointment
Authority Board
Rudy Jones Metropolitan Transit 6/30/2021 Re-appointment
Authority Board
Ivy Hagedorn Library Board of Trustees 6/30/2024 Re-appointment
Kathleen Wernimont Library Board of Trustees 6/30/2024 Re-appointment
Cary Darrah Airport Board 6/30/2020 New
4. Cigarette/Tobacco Permit Renewal Applications
June 25, 2018 Page 8
GENERAL STORE #2427
CASEY'S MARKETING CO./DBA CASEY'S 51 E TOWER PARK DR.
GENERAL STORE #2866
CASEY'S MARKETING CO./DBA CASEY'S 2424 RANCHERO RD.
GENERAL STORE #2867
CASEY'S MARKETING CO./DBA CASEY'S 3260 UNIVERSITY AVE.
GENERAL STORE #2879
CASEY'S MARKETING CO./DBA CASEY'S 1604 LAPORTE RD.
GENERAL STORE #2880
CENTRAL IOWA VAPORS 2829 UNIVERSITY AVE.
CHASERS PUB 3005 UNIVERSITY AVE.
CLUB PHIRE HOOKAH LOUNGE 501 W 4TH ST.
CORK'S GROCERY 1956 LAFAYETTE ST.
DOLLAR GENERAL STORE #4698 2935 LOGAN AVE.
DOLLAR GENERAL STORE #7136 66 E. TOWER PARK DR.
DOLLAR GENERAL STORE #7162 820 W. 5TH ST.
DOLLAR GENERAL STORE #10073 3815 UNIVERSITY AVE.
EDO'S SPORTS BAR 110 E 11TH ST.
ELECTRIC UNDERGROUND 1205 E. SAN MARNAN DR.
FAMILY DOLLAR STORES OF IA, INC. #30944 2206 KIMBALL AVE.
FAMILY DOLLAR STORES OF IA, INC. #21424 1120 FRANKLIN ST.
FAMILY DOLLAR STORES OF IA, INC. #25600 611 BROADWAY ST.
FAREWAY STORES, INC. #951 40 W. SAN MARNAN DR.
GUDDI MART 306 BYRON AVE.
JOHNSON GROCERY/HOMETOWN FOODS 1010 E. MITCHELL AVE.
HY-VEE, INC. D/B/A HY-VEE FOOD STORE #1 2834 ANSBOROUGH AVE.
HY-VEE, INC. D/B/A HY-VEE WINE & SPIRITS #1 2126 KIMBALL AVE.
HY-VEE, INC. D/B/A HY-VEE 2181 LOGAN AVE.
HY-VEE, INC. D/B/A HY-VEE GAS #2 2221 LOGAN AVE.
HY-VEE, INC. D/B/A HY-VEE FOOD STORE #3 1422 FLAMMANG DR.
HY-VEE, INC. D/B/A HY-VEE GAS #3 1512 FLAMMANG DR.
HY-VEE, INC. D/B/A HY-VEE C-STORE#4 3700 UNIVERSITY AVE.
INDEPENDENCE AVE LIQUOR & FOOD 1761 INDEPENDENCE AVE.
IOC BLACK HAWK COUNTY D/B/A ISLE CASINO 777 ISLE OF CAPRI BLVD.
HOTEL WATERLOO
JIM'S FOOD 437 SULLIVAN AVE.
JIM LIND SERVICE 230 E. RIDGEWAY AVE.
JOHN'S TOBACCO OUTLET 1848 W. AIRLINE HWY.
KARMA BAR 309 W. 4TH ST.
OUT ON 4TH, LLC/KINGS AND QUEENS 304 W. 4TH ST.
KWIK STAR #229 111717 E. SAN MARNAN DR.
June 25, 2018 Page 9
NAZ, INC./LOGAN CONVENIENCE STORE 735 LOGAN AVE.
LOVE'S TRAVEL STOP #702 3301 GREYHOUND DR. SUITE A
METRO MART #1 3201 W. 4TH ST.
METRO MART #4 2332 FALLS AVE., P.O. BOX 66
NATIONAL CIGAR STORE 617 SYCAMORE ST.
SARWAR CORPORATION/NEIGHBORHOOD 2102 LAFAYETTE ST.
MART
UNITED MART, INC./NEW STAR 315 FLETCHER AVE.
NEW STAR ANSBOROUGH, LLC./NEW STAR #3 1459 ANSBOROUGH AVE.
NASCOR, INC. /NEW STAR LIQUOR 1625 W. 4TH ST.
BSE, INC./PRIME MART 1 3535 MARIGOLD DR.
RAVION, INC./PRIME MART 3 1008 LAPORTE RD.
RAVION, INC./PRIME MART 5 508 BROADWAY ST.
RAVION, INC./PRIME MART 7 1309 LAFAYETTE ST.
RAY'S SUPER MARKET 1975 FRANKLIN ST.
CSRS PROPERTIES/SAC'S NEIGHBORHOOD PUB 2000 HAWTHORNE AVE.
SAM'S WEST, INC./SAM'S CLUB #6514 210 E. TOWER PARK DR.
SHWE NYIKO MARKET 911 COMMERCIAL ST.
LABELLE, INC./SMITTY'S BAR 709 JEFFERSON ST.
SMOKERS CHOICE 210 W. 18TH ST.
EAGLE PETROLEUM CORP./SPEEDY MART 926 LINN ST.
C.A.R.E. HAGEMAN ENTERPRISES, 3555 UNIVERSITY AVE.
LLC/SPICOLI'S REVERB
SYCAMORE CONVENIENCE 619 SYCAMORE ST
TOBACCO OUTLET PLUS #500 1803 LAPORTE RD.
VVS, INC. P.O. BOX 87
WALGREEN'S #10855 1850 LOGAN AVE.
WALGREEN'S #07455 111 W. RIDGEWAY AVE.
WALGREEN'S #03590 3910 UNIVERSITY AVE.
WAL-MART STORES, INC./DBA WALMART 1334 FLAMMANG DR.
#1496
UNITED MART, INC./WEST SIDE LIQUOR 919 W. 5TH ST.
SOOD, INC. D/B/A X-O FOOD & LIQUOR 428 FRANKLIN ST.
BW GAS & CONVENIENCE RETAIL, 1976 FRANKLIN ST.
LLC./YESWAY STORE#10022
BW GAS & CONVENIENCE RETAIL, 117 E. SAN MARNAN DR.
LLC./YESWAY STORE#10023
5. Application for Recycling Yard License
AIRLINE AUTO PARTS, INC. 1420 W. AIRLINE HWY.
A-T,TNF. FDI_ INC_ 808 DF.ARRORN AVF._
June 25, 2018 Page 10
PIERCE USED CARS 1500 COMMERCIAL ST.
PLUM'S R & B 2630 W.C.F.&N DR.
QUAILS AUTO SALVAGE & SALES 202 GLENDALE ST.
R'S RECYCLING 110 COURT AVE.
VIC FULLER SALVAGE & WRECKING 2113 E MITCHELL AVE.
WATERLOO AUTO PARTS 1501 GRANDVIEW AVE.
WATERLOO AUTO PARTS 1524 GRANDVIEW AVE.
WEEKLEY'S RECYCLING 105 DUNHAM PLACE
WILBER AUTO BODY & SALES 2220 EASTON AVE.
6. Bonds.
Mr. Shimp commented that he would abstain on the Isle Casino tobacco license and asked that items
2a and 2b be removed and considered separately.
Mr. Morrissey asked that item 1A26 be considered separately.
Roll call vote-Ayes: Six. Abstain: One (Shimp on item 1.b.4). Motion carried.
146201 - Morrissey/Amos
1.B.2.a. Guddi Mart, 306 Byron E Liquor New 5/19/2019 X
Avenue
1.B.2.b. Guddi Mart, 306 Byron B Wine/C Beer New 5/19/2019 X
Avenue
Mr. Shimp commented that the Liberty Park Neighborhood Association will be opposed to having
this and he is opposed to the item as well and requested an overview on the request.
Noel Anderson, Community Planning and Development Director, explained that they would be able
to apply for a liquor license as a convenience store and explained that percentages of their sales and
floor space would have to be designated to non-alcohol sales. He further commented that staff
would be able to check once the store is open to ensure they are selling according to the overlay
district.
Dan Trelka, Police Chief, explained that they have a low number of police calls in the area.
Mr. Schmitt questioned if the owner has other facilities in other parts of the community.
Noel Anderson explained that the application has been approved by police, fire and planning
department.
Mr. Schmitt questioned if they are aware of the overlay district.
Noel Anderson confirmed.
Mr. Morrissey questioned if all legal requirements have been met to open the business.
June 25, 2018 Page 11
Mrs. Juon questioned how soon the license could be cancelled if it is found out that they are not
compliant.
Noel Anderson commented he would need to review the ordinance and questioned if the City Clerk
knew of any timeliness issues.
Mr. Amos commented that prior experience of denying such a license will likely end up in the legal
system and overturned.
Chris Shimp commented that he is opposed to approving the establishment.
Mr. Jacobs questioned if the liquor license applications, as well as the need for another liquor store
in a particular area, could be made available to help base their decision.
Kelley Felchle commented that no apparent timeliness issues are obvious and that the application
was approved subject to a health department inspection.
Mr. Schmitt explained several reasons that would support the issuance of a short term vs. long term
liquor license.
146202 - Schmitt/Jacobs
To amend to issue a 6-month license for items 1.B.2.a. and 1.B.2.b. Roll call- vote-Ayes: Two.
Nays: Five (Morrissey, Shimp, Klein, Amos and Juon). Motion failed.
146203 - Morrissey/Amos
To postpone for one week with a presentation of the license from the applicant. Roll call vote-Ayes:
Seven. Motion carried.
146204 - Morrissey/Shimp
Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds
in an amount not to exceed $600,000 for the design and construction of a sanitary sewer and water
main extension project. Roll-call vote-Ayes: Seven. Motion carried.
Mr. Morrissey requested an overview of the item.
Michelle Weidner, Chief Financial Officer,provided an overview of the item.
Noel Anderson provided an overview of the project.
Resolution adopted and upon approval by Mayor assigned No. 2018-475.
PUBLIC HEARINGS
146205 - Schmitt/Amos
that proof of publication of notice of public hearing on Purchase of two (2) 2019 single axle snow
1 / 1 \ ^Irl --- - TT 1 - 1 TTT - / . 1 1 1 1• 1 1 - .1 TTT 1 -
June 25, 2018 Page 12
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
Mr. Jacobs requested an explanation in the differences in bids.
Sandie Greco explained that the low bid was for snow control only.
Mr. Jacobs questioned the estimate for snow control plus chassis.
Sandie Greco explained that the estimate was $125,000 each prior to asking for longer lasting
stainless steel.
146207 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-476.
146208 - 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. 2018-477.
146209 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works
Director for review.
Estimate: $125,000
Bidder Bid Amount
Thompson Truck & Trailer
D $279,246.00
Dubuque, IA
Henderson Products
Manchester, IA $129,046.00
Truck Country of Cedar Rapids
Cedar Rapids, IA $281,828.00
Don's Truck Sales, Inc.
Fairbank, IA $143,223.00
Voice vote-Ayes: Seven. Motion carried.
RESOLUTIONS
146210 - Morrissey/Shimp
that "Resolution approving the 2019 Fiscal Year Ambulance Fee Schedule.", be adopted. Roll call
vote-Ayes: Seven. Motion carried.
June 25, 2018 Page 13
Resolution adopted and upon approval by Mayor assigned No. 2018-479.
146212 - Morrissey/Shimp
that "Resolution approving the second of two payments to Greater Cedar Valley Alliance, in the
amount of$14,250, for work towards economic development for FY 2018", be adopted. Roll call
vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-480.
146213 - Morrissey/Shimp
that "Resolution approving a Professional Services Agreement between Main Street Waterloo and
the City of Waterloo, Iowa for Fiscal Year 2019 in the amount of$40,000, 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. 2018-481.
146214 - Shimp/Morrissey
that "Resolution approving the FY 2019 Economic Development Grant Agreement with Greater
Cedar Valley Alliance, in the amount of $28,500 with $56,500 in potential incentive funds, and
authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes:
Seven. Motion carried.
Mr. Morrissey commented that he took a look at past updates from the Greater Cedar Valley
Alliance and requested from the chamber that they could say what their end product was prior to
starting the new contract period and see what is planned for the next contract year.
Mrs. Juon questioned if the council will receive a report with each payment.
Noel Anderson confirmed.
Mr. Jacobs requested clarification on the living wages listed in the contract.
Noel Anderson explained the process for determining the living wages.
Resolution adopted and upon approval by Mayor assigned No. 2018-482.
146215 - Shimp/Morrissey
that "Resolution approving application to the Iowa Department of Transportation for State
Recreational Trails funding, in conjunction with the Shaulis Road Trail, and authorizing the Mayor
to execute all necessary documents",be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-483.
146216 - Shimp/Morrissey
that "motion approving final quantity adjustment for a net increase of$222,284.40 for the FY 2012
"T 1 -1 1' T 1/A 1 1 A 1 .1 .1 T I 1
June 25, 2018 Page 14
Mrs. Juon commented that the Iowa Department of Transportation approves the adjusted figures
before it comes before council.
146217 - Shimp/Morrissey
that "Resolution approving Completion of Project and Recommendation of Acceptance of work, for
work performed by Croell & Subsidiaries, Inc., of New Hampton, Iowa, at a total cost of
$3,594,642.60, in conjunction with FY 2012 West Shaulis Road/Ansborough Avenue, Contract No.
784", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2018-484.
OTHER COUNCIL BUSINESS
146218 - Amos/Morrissey
that motion approving Change Order No. 1, for a net increase of $64,380, for additional Runway
12/30 painting improvements, at the Waterloo Regional Airport, and authorize the Mayor to execute
said document, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried.
146219 - Amos/Morrissey
that motion approving Change Order No. 2, for a Net Increase of $7,370, for additional pavement
repairs, to Runway 12/30 at Waterloo Regional Airport, and authorize the Mayor to execute said
document, be received,placed on file and approved. Voice vote-Ayes: Seven. Motion carried.
ADJOURNMENT
146220 - Morrissey/Ammos
that the Council adjourn at 6:52 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Resolution canceling the regular city council meeting of July 23, 2018 and scheduling a regular city council
meeting for July 30, 2018.
City Council Meeting:7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
t`11erk Office Evev m, i:.emini Approved 6/26/20 18 11.24 AM
SUBJECT: Resolution canceling the regular city council meeting of July 23, 2018 and
scheduling a regular city council meeting for July 30, 2018.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Page 23 of 200
CITY OF WATERLOO
Council Communication
Request to certify assessments to properties for work performed by the Waterloo Water Works, together with
recommendation of approval by the Waterloo Water Works Board of Trustees:Address and amounts to
certify: 620 Fowler Street- $2,865.00; 409 Independence Avenue- $3,250.00; 636 Hickory Street- $1,564.00
City Council Meeting: 7/2/2018
Prepared: 6/22/2018
REVIEWERS:
Department Reviewer Action Date
Water Works Maifierc, Matt. Approved (5/22/2018 ... 1020 AM
1.1Ilea1 Office 1p11r�b , Naamy Approved 6/25/2018 5.; 4 PM
ATTACHMENTS:
Description Type
D Jurie 21, 2018 Board a tacos aaa,sessrrueaad letter 620 ("oveir Memo
F(,W viler scree'
D :lune 21, 201.8 Board acfloru assessment lett it ... 4.09 Paver Metro
IMep:aendence Avaarwe
D lamas, 21., 2616 Board acflora aass ssit aeaat letter... 636 1�"saver Merno
Hickory Street
Request to certify assessments to properties for work performed by the
Waterloo Water Works, together with recommendation of approval bythe
Waterloo Water Works Board of Trustees:
SUBJECT: Addresses and amounts to certify:
620 Fowler Street- $2,865.00
409 Independence Avenue- 53,250.00
636 Hickory Street- 51,564.00
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 resolutions 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.
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 funds, generated from water sales.
Page 24 of 200
Page 25 of 200
WATERLOO WATER WORKS
MATTHEW L.MAHLER,P.E. 325 SYCAMORE s rREET - 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
ROVE G.WELPER
June 21, 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 Wednesday, June 20, 2018.
RESOLUTION
WHEREAS, the General Manager, Matthew L. Mahler,
presented a statement of $2,865.00, which is supported by invoice
from R Company d/b/a Frickson Backhoe & Trucking, showing the
work necessary to repair the service line in regards to the following:
WHEREAS, the owners were notified by the Waterloo
Water Works to make the repairs to the service line at 620 Fowler
Street, which is located on Lot No. Four (4) in Block No. Three (3) in
Zollinger's Addition to Waterloo, Iowa, Black Hawk County, and owned
by William F. Shock and Sharon K. Shock.
WHEREAS, the property owners, represented by Power
of Attorney Kimberly Metcalf, notified the Waterloo Water Works that
the owners desired to have the cost of water service line repair
assessed to the property taxes. After conversation with the owners'
Power of Attorney, the Power of Attorney voluntarily signed a waiver of
any further notice that may be required to have the Waterloo Water
Works cause the work to be done and related costs assessed to the
property.
Page 26 of 200
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 27 of 200
'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 SCOIENANDS,Vice-Chair
RON G.WELPER
June 21, 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 Wednesday, June 20, 2018.
RESOLUTION
WHEREAS, the General Manager, Matthew L. Mahler,
presented a statement of $3,250.00, which is supported by invoice
from All Star Plumbing & Heating, showing the work necessary to
repair the service line in regards to the following:
WHEREAS, the owners were notified by the Waterloo
Water Works to make the repairs to the service line at 409
Independence Avenue, which is located on the South Sixty-five (65)
feet of the East Forty-eight (48) feet of Lot No. Thirteen (13) in
"Smith's Subdivision" in the City of Waterloo, Iowa, Black Hawk
County, and owned by Jannie Mae Smith, Ruthie M. Lauer, and Terry
J. Smith.
WHEREAS, the property owners notified the Waterloo
Water Works that the owners desired to have the cost of water service
line repair assessed to the property taxes. After conversation with the
owners, the owners voluntarily signed a waiver of any further notice
that may be required to have the Waterloo Water Works cause the
work to be done and related costs assessed to the property.
Page 28 of 200
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
A
Matthew L. Mahler, P.E.
General Manager
MLM/cm
Page 29 of 200
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
June 21, 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 Wednesday, June 20, 2018.
RESOLUTION
WHEREAS, the General Manager, Matthew L. Mahler,
presented a statement of $1,564.00, which is supported by invoice
from Bergen Plumbing Heating & Cooling, 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 636 Hickory
Street, which is located on Lot No. Eight (8) in Block No. Two (2),
"Kreb's Addition" to Waterloo, Black Hawk County, Iowa, and owned
by Luke A. Hart.
WHEREAS, the property owner hired a plumber to make
the necessary repairs, and agreed to have the Water Works pay the
plumber for the cost of the repairs and then reimburse the Water
Works via invoice.
WHEREAS, the property owner did not respond to the
notification from the Waterloo Water Works and did not pay the
invoice from the Waterloo Water Works, it is necessary to have the
cost assessed to the property.
Page 30 of 200
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 31 of 200
CITY OF WATERLOO
Council Communication
Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete driveway located at 713 Eureka
Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-
of-way on an unimproved street.
City Council Meeting: 7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
p:^naggdrrmeer,nng tCniasob i, gaanuau'ne Approved (5/27/2,018 11.34 AM.
t.`Ilcak Office Everrm, 1-eA.airpproved 6/27/2018 ... 11.35 A
ATTACHMENTS:
Description Type
DW Waiver "71.3 Eu:arekaa St Me nio
Request from Iowa Heartland Habitat for Humanity for a waiver for a
SUBJECT: concrete driveway located at 713 Eureka Street and authorizing the
construction of a concrete driveway and placing a driveway or sidewalk on
city right-of-way on an unimproved street.
Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer
Recommend for approval by the City Engineer.
This waiver is needed due to the placement of a driveway or sidewalk on
Recommended Action: City right-of-way on an unimproved street.
I have reviewed this request and recommend its approval subject to the
following provisions.
1.Work to be performed by an approved and bonded contractor.
2.A permit is to be obtained from the office of the City Engineer prior to
construction.
Summary Statement: 3.All work shall be performed under the supervision of the City Engineer and
at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
Legal Descriptions: LOT 13 IRVING SQUARE ADDITION
Page 32 of 200
WAIVER
yet
Date: VA'e' flip"A"hV., h ,3
'4— 5 C5
411. ezy
Honorable Mayor and City Council
City Hall
Waterloo, IA 60703
Council Persons:
I hereby request a waiver tothe driveway and sidewalk specifications for the construction
of adriveway or sidewalk located at
k"('cbncre "0'dor asphalt)
fef — L&X'egai
(Address)
This waiver is needed because of:
special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick
stamped pattern, paving brick).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
'X placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
I agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed according to the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only.
.�."..w
Attached herewith is a payment in the amount of seven dollar ,17.00" or the purpose of
recording this agreement.
Respectfully submitted,
Printed Name of Property Owner S nature oferty
Owner
Page 33 of 200
CITY OF WATERLOO
Council Communication
Request from K. Cunningham Construction Co, Inc. for a variance to the Noise Ordinance to allow for saw
cutting of newly placed concrete on University Avenue from Greenhill Road to Evergreen Street, for a 24 hour
a day operation from June 25, 2018 to December 31, 2018.
City Council Meeting: 7/2/2018
Prepared: 6/25/2018
REVIEWERS:
Department Reviewer Action Date
Poke Delsartrnent Moo is, Dave Approved (5/25/2018 ... 3-05 P
t.`Ilcrrp Office ppigt.)y, Na my Approved 6/25/2018 557 PM
ATTACHMENTS:
Description Type
i uumurnprnpp.ia ni. Nouse, Variance re qijest 2018 Me nio
Request from K. Cunningham Construction Co; Inc. for a variance to the
SUBJECT: Noise Ordinance to allow for saw cutting of newly placed concrete on
University Avenue from Greenhill Road to Evergreen Street, for a 24 hour a
day operation from June 25, 2018 to December 31, 2018.
Submitted by: Submitted By: Dave Mohlis, Police Captain
Recommended Action: Approval of request to 90 dba
Summary Statement: Request for saw cutting of newly poured concrete on the University Ave
road construction project. Allowing for 24 hour cutting.
Expenditure Required: None
Page 34 of 200
CITY OF WATERLOO IOWA
APPLICATION
FOR
VARIANCE TO NOISE ORDINANCE
Applicant's Name:
Applicant's Address: 4%0 3
Applicant's Phone#:
Anticipated Date of Variance:
Name of Event: 4—L P--r-el
Group Organizing the Event:
Times of day of variance: *7 AA4- 7_7q
Geographical location of variance,physical address: OAIW�11`4
Distance of activity from residential properties:
Please explain the event requiring the variance and be specific. Include geographical location or drawings,
and what actually will exceed the noise ordinance, such as band playing,PA system, etc.
2.
...............
Applicants Signature
2Z e
Date
City Council Action Police Department Recommendation
Approval:
Approval:
Denial: Denial:
Decibel level:
Page 35 of 200
CITY OF WATERLOO
Council Communication
Request from the Iowa Department of Transportation, District 2, Office for a variance to the Noise Ordinance
for twenty-four hour construction to U.S. Hwy 63 located between Franklin and Newell Streets from July 2,
2018 to December 31, 2019.
City Council Meeting: 7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
11aapice Delsartrnent Moo is, Dave Approved (5/26/2018 ... 1]-�5 AM
1.1Ilerr1 Office 1 p igby, Na my Approved 6/26/2018 ... 12-.53 PM
ATTACHMENTS:
Description Type
11.XYT Varrpaanm e rexl 11my 63 project Me nio
Request from the Iowa Department of Transportation, District 2 Office, for
SUBJECT: a variance to the Noise Ordinance for twenty-four hour construction to U.S.
Hwy 63 located between Franklin and Newell Streets from July 2, 2018 to
December 31, 2019.
Submitted by: Submitted By: Dave Mohlis, Police Captain
Recommended Action: Approval variance request to 90 dba.
Variance request for roadway reconstruction of Highway 63 from Franklin to
Newell Street, to allow twenty-four hour construction to meet the completion
Summary Statement: deadline of November of 2019. Contractors may create noise during
nighttime and early morning hours to include pavement breakers,
jackhammers, and other heavy equipment.
Expenditure Required: None
Source of Funds: None
Page 36 of 200
APPLICATION
FOR,
VARIA M' TO NOISE ORD ANCA
APPLICANT'S'NAS; Davl :R `giber Iowa De rtment of Trans oration 'DtstrLo 2 Office
APPLICANT'S ADDRESS: 428 43rd 9tr6ot SW:Mason Ctt. IA 504.01
AOUCANT''S PHONE 641 421-9448'
ANTIC, FATED DATE OF VARIANCE: Ati "st 14 2017 to:Decemner l 2019 i
NAW OV EVENT: Cohstr ictron:of QQT project NHSx 053=.515 --3H-07..
TEES
OF DAYOF VARIAfi1GE 24�hoursldav
GEOGRAPHICAL LOCATIQN OF VARIANCE; Aloe 'US 0 from.Frat*lin Street o
Newell Street
t:
DISTANCE QP ACTIVITYFROM RESIDENTIAL 1�R PERT 1 5 (} ft from ro erty Into.
i
PUME 'Erk6AiN TIE E ENFI` REQUMM TSE VA.ItTANC ? AND BE $PEGIFIQ,
IN E OW0 AI' WAIL LOCATIONAND WHAT ACxC1A.LLY WTI, E�'TME
NOISE ORDINANCE,.SUCH ASA BAND PLAYING;PA S'Y'STEM,ETC;
This pt '' ct is to reconstruct. 7S b3 from Newell Stre to Donald,Street.. This ptoloct.involves
labia t&t.hoorary, dewaterin' -wells;this kll 2017 which will.surround.the area where Attie {
iii `hw di s :down to o under the.railroad. in`MHrclt of 2018 the reconstruction"will iii
This will:frivol :e laciri anew sub,drain:s. stein.in the afea :'h're the:ht liwa �oes udder th'
railroad, Tern 'ora : ieloc tion of the toff ,Brie while the.existin bail e over the hiAtav is j
removed.. Once the old brrd'e is rerimoved that:area will be filled ih art tie rail lines will b'e
rastored io their:ori �l Ai"anment Then 'the.contractor will be dd n .additional ili tnateri"`l
andconginyding a newbi4hwgy bridge over the railroad. This work vai11 alio tnvoyem6vla
tne:exrsti3edesriatrohrarrewestaunder as
`s
3
under the stew h�hw.
Contractors operations that may create noise during, nighttime or early.morning hciurs could be
pavement:breakers iaolthamthds, other Heavy eq tbrn:ent used to ,demnit la th of railroad
brig a lar- a drillin rt s to dt 11 the: e oW dewaterin wells .or drill in holes for the coif rete
'64h,
oti tdatrons #`or t6 new brsd e Iar e trucks haulm m ertals cranes o eratrn air roto I i
coin action e "Ment.lar e. cavat'lon e ut merit vitt machines;and other 1 r e.motorized.
onstructione ui men': This:is a.ve' lar a artd corn`lex,consttttct on `ro'ect that is ex eated to
reciuire iTS 63 to'tae closed and detoured from March of 2018 to:November of'2019,
i
Page 37 of 206
To ensure the 12 _tm to trajffic on orj�pf N(Lvgq)jber..202019,1k
_tqjtet is compj��tcd ji-n,�t_pp L ore.
Dep�rtnj(,-nt of TrarLsoortation. -feels it is necessa1y to allow the contractor the flexibility to work
24-hours/da -day�j/wq��I�W necessarv. On similar contracts, contractors
7 rarely— -w-Qdk,1119–tmq
of schedule but it does allow for it if some unfibreseen circumstance would require the contractor
to work extra hours to eLcornp tt
jo d-pn-tune_
Applicant's Signature
Z,
Date
CITY COUNCIL ACTION: Police Dept. Recommendation
APPROVAL: APPROVAL:
DENIAL:
DENIAL: DECIBEt,LEVEL:
Page 38 of 200
CITY OF WATERLOO
Council Communication
Request from Joseph Meany for a waiver for a concrete driveway located at 1500 Maynard Avenue with the
elimination of the sidewalk section due to the inability to meet grade requirements.
City Council Meeting:7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
p:^ng'ii -X nng KnnLIISOr1, Iaam e Approved 6/27/2018 ... 11-34 AM
(..,11;rk Op%pnce Evern, 1: eAr inn Approved (5/27/2018 ... 11.36 AM
ATTACHMENTS:
Description Type
I..)W WaMn.....1500 Mayna td Ave Covet Menlo
Request from Joseph Meany for a waiver for a concrete driveway located
SUBJECT: at 1500 Maynard Avenue with the elimination of the sidewalk section due to
the inability to meet grade requirements.
Submitted by: Submitted By: Jamie Knutson; PE, Interim City Engineer
Recommended Action: Recommended for approval by the City Engineer.
Attached is a request for construction of a concrete driveway with the
elimination of the sidewalk section due to the inability to meet requirements
of the driveway and sidewalk specifications, Section 18, to be located
at 1500 Maynard Avenue.
I have reviewed this request and recommend its approval subject to the
following provisions:
Summary Statement: 1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior
to construction.
3. All work shall be performed under the supervision of the City
Engineer at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
This is a waiver of the City's Standard Specifications for Driveway
Background Information: Construction. It requires Council approval so that it can be recorded to the
property, so that the waiver requirements run with the property ownership.
CLYDE MILLER HEIGHTS PART OF LOT 10 BLK 5 COM AT PT
Page 39 of 200
Legal Descriptions: ON S LINE LOT 10 293.19 FT W OF SE COR LOT 10 TH W 137.01
FT TH N TO N LINE LOT 10THETO PT ONS LINE LOT 4BLK5
44 FT W OF SE COR SAID LOT TH SE TO BEG
Page 40 of 200
WAIVE
Date: � � .,.,.� � „�� �� �� � 1 1� ra
Honorable Mayor and City Council
City Hall
Waterloo, IA 50703
Council Persons.
I hereby request a waiver to the driveway and sidewalk specifications for the construction
of adriveway or sidewalk located at
oncrete asphalt)
(Address)-
This Waiver is needed because of:
special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick
stamped pattern, paving brick).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
1 agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of waterloo at such time that curb and gutter Is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed according to the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only.
Attached herewith is a payment in the amount of seven dollar $7.00) or the purpose of
recording this agreement.
Respectfully submitted,
Anted Na a of Pr p orty Owner � i . tui of 0-rdp' erfy Owner °
Page 41 of 200
CITY OF WATERLOO
Council Communication
Request from Gary Miller for a waiver for a concrete driveway located at 206 Bishop Avenue with the
elimination of the sidewalk section due to the inability to meet grade requirements.
City Council Meeting:7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
p:^nvg'ii ern ng K nLIISOr1, Jame Approved 6/27/2018 ... 11-34 AM
(..,11;rk Op%ince Evern, 1: .Asir) Approved (5/27/2018 ... 11.36 AM
ATTACHMENTS:
Description Type
I..)WW WaM a....206 BisN iop:r Ave Covet Menlo
Request from Gain Miller for a waiver for a concrete driveway located
SUBJECT: at 206 Bishop Avenue with the elimination of the sidewalk section due to the
inability to meet grade requirements.
Submitted by: Submitted By: Jamie Knutson; PE, Interim City Engineer
Recommended Action: Recommended for approval by the City Engineer.
Attached is a request for construction of a concrete driveway with the
elimination of the sidewalk section due to the inability to meet requirements
of the driveway and sidewalk specifications, Section 18, to be located at 206
Bishop Avenue.
I have reviewed this request and recommend its approval subject to the
following provisions:
Summary Statement: 1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior
to construction.
3. All work shall be performed under the supervision of the City
Engineer at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal
description have been provided to the City Clerk's office.
This is a waiver of the City's Standard Specifications for Driveway
Background Information: Construction. It requires Council approval so that it can be recorded to the
property, so that the waiver requirements run with the property ownership.
AUDITOR RAINBOWS PLAT MAYWOOD SECOND FILING W
Page 42 of 200
Legal Descriptions: 1/2 LOT 23 BLK 24 LOT 24 BLK 24
Page 43 of 200
WAIVER
Date:
Honorable Mayor and City Council
City Hall
Waterloo, IA 50703
Council Persons:
I hereby request a waiver to the driveway and sidewalk specifications for the construction
of a driveway or sidewalk located at
(°"- concret r asphalt)
Ate--
(Address)
This Waiver is needed because of:
special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick
stamped pattern, paving brick).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
I agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at Such time that sidewalk is constructed.
2. To rernove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3, To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed according to the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only.
Attached herewith is a payment in the amount of seven dollar r the purpose of
recording this agreement.
Respectfully submitted,
PrinteWNarn of Property Owner /kignatur 'of-1105'r-opperty Owner
Page 44 of 200
CITY OF WATERLOO
Council Communication
Resolution setting a date of public hearing as August 6, 2018 to approve Amendment No. 5 to the Northeast
Industrial Area Urban Renewal and Redevelopment Plan to expand the boundaries, update projects to include
additional projects, financial information and other general updates to the Plan, setting date of consultation with
taxing entities for July 17, 2018, and instruct City Clerk to publish notice.
City Council Meeting: 7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
F1 pa ura'rumg& Zomm�'ig Sd roederr, Asic Approved 6/27/2018 ... 10-.53 AM
t.`Iled(. Off-we Eveum, L-eA.um Approved 6/27/201pp ... 11-.0`u AM
ATTACHMENTS:
Description Type
I'E .n ienudiii.e.runt No 5 Backup Materpall
P&Z Sera o ppackuu p Mate-dall
❑ aeirp,fl ppac uu a Materpall
pictures p::packUl') Materpall
Resolution setting a date of public hearing as August 6, 2018 to approve
Amendment No. 5 to the Northeast Industrial Area Urban Renewal and
SUBJECT: Redevelopment Plan to expand the boundaries, update projects to include
additional projects, financial information and other general updates to the
Plan, setting date of consultation with taxing entities for July 17, 2018, and
instruct City Clerk to publish notice.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The City of Waterloo recently approved a purchase agreement with John and
Dessie Rottinghaus to purchase 19.08 acres of land along North Elk Run
Road. The acquisition is contingent on the area being annexed into the City
of Waterloo, and the Northeast Industrial TIF District expanded to include
the site, so that TIF funds can be utilized to acquire the site. The City has
initiated steps to annex the land, but has obtained consent of Black Hawk
County for both the annexation and the TIF expansion, so that we can
proceed with the TIF expansion prior to completion of the annexation. The
acquisition area is approximately 19.08, while the annexation is approximately
20.22 acres, as it includes adjoining right-of-way of North Elk Run Road.
Summary Statement: The TIF expansion area is approximately 24.57 acres, as it includes
additional right-of-way of North Elly Run Road. Amendments to a TIF Plan
require a consultation with taxing entities, which will be held on July 17,
Page 45 of 200
2018. The amendment will also update projects and include additional
projects and update related financial information, and include other general
updates to the Plan.
The Planning, Programming and Zoning Commission reviewed the proposed
amendment at their regular meeting on June 5, 2018 and unanimously
recommended approval of the amendment.
Expenditure Required: None
Source of Funds: n/a
Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4.
Legal Descriptions: See Attached
Page 46 of 200
Prepared by Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA, 50703 319-291-4366
Return to preparer after recording.
NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND
REDEVELOPMENT PLAN
(AMENDMENT NO. 5 - 2018)
Page 47 of 200
INTRODUCTION
The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase
the property tax base by encouraging the retention and expansion and attraction of business and
industry. The Land Use Plan states that the City should continually explore incentives to
encourage development and increase employment that will help the City achieve these goals.
Under the present circumstances, there is the need to bring about economic development; i.e., the
expansion of existing industry and the attraction of new industry, which will further diversify
and increase the property tax base and which will increase employment opportunities.
The 2010 Plan also states that the City of Waterloo should develop the Northeast Industrial Area
into a nationally recognized industrial park. This is made possible with the construction of North
Elk run Road, the sewage lagoon, and the proposed Martin Luther King Drive.
The Northeast Industrial Area Urban Renewal and Redevelopment Plan presents a proposal for
the location of an industrial park on various lands at and near the Northeast Industrial Area. The
Plan also will allow tax increment revenue to be used as incentives for the development of the
area. These incentives would be negotiated and approved on a project-by-project basis at future
dates.
To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban
renewal actions as specified in this tax increment plan,pursuant to the powers granted to it under
Chapter 403 of the Code of Iowa, as amended.
1
Page 48 of 200
TABLE OF CONTENTS
I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN
AS AMENDED.
A. DESCRIPTION OF PROJECT
B. LAND USE PLAN
C. PROJECT PROPOSALS
D. OTHER PROVISIONS NECESSARY TO MEET STATE AND
LOCAL REQUIREMENTS
E. PROCEDURES FOR CHANGES IN THE PLAN
F. RELOCATION
G. BONDING CAPACITY
II. PROJECT BUDGET
A. NARRATIVE
B. LOANS OR GRANTS
C. TAX INCREMENT FINANCING
III. LEGAL DATA-ATTACHMENTS
A. BOUNDARY MAP
B. LEGAL DESCRIPTION
C. STUDY OF BONDING CAPACITY
D. PROJECT PROPOSALS AND BUDGET
E. ACQUISITION CHECKLIST
F. RELOCATION CHECKLIST
G. PLANNING, PROGRAMMING &ZONING COMMISSION
RESOLUTION
H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF
CONSULTATION
2
Page 49 of 200
I. RESOLUTION ADOPTING PLAN
J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT
K. NOTICE OF PUBLIC HEARING
L. BLACK HAWK COUNTY CONSENT TO NORTHEAST INDUSTRIAL
AREA URBAN RENEWAL AND REDEVELOPMENT PLAN AND TIF
DISTRICT, AMENDMENT NO. 5
3
Page 50 of 200
I. NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN
AS AMENDED.
A. Description of Project
1. Boundary Map (See Attachment "A")
2. Boundary Description(See Attachment`B")
3. Findings and Objectives
a. Findings
The City of Waterloo proposes to undertake an Urban Renewal
Project under the provisions of Iowa Code Chapter 403, as
amended to date.
It is hereby found and declared that there exists in the proposed
Northeast Industrial Area Urban Renewal and Redevelopment Plan
Area the continuing need for programs to alleviate and prevent
conditions of unemployment; and that it is accordingly necessary
to assist and retain local retail and commercial enterprises to
strengthen and revitalize the economy of this City; that accordingly
it is necessary to provide means and methods for the
encouragement and assistance of retail and commercial enterprises
in locating, purchasing, constructing, reconstructing, modernizing,
improving, maintaining,repairing, furnishing, equipping, and
expanding in this City; and that it is also necessary to encourage
the location and expansion of commercial enterprises to more
conveniently provide needed services and facilities of the
commercial enterprises to Waterloo and the residents of the City.
b. Objectives of the Plan
This Plan is intended to strengthen the economy and to promote
retail and other commercial development, expansion of existing
business and industry and attraction of new commercial projects.
In accordance with this public purpose, the Northeast Industrial
Area Project is intended to accomplish the following objectives:
(1) To provide for the expansion of the existing uses and the
establishment of new uses which are essential for the
economic development and redevelopment of the area.
4
Page 51 of 200
(2) Encourage investment in the residential, commercial, and
industrial existing uses and in vacant land in the Northeast
Industrial Area by enhancing the environment and making
it more conducive to economic development.
(3) Provide incentives to expand existing business and attract
new industrial and commercial uses as allowed under
Chapter 15A of the Code of Iowa, such as tax abatements,
tax rebates, land acquisition, demolition, infrastructure
provision,removal, and relocation, loans, grants and/or any
other incentives that will result in redevelopment of the
Northeast Industrial Area.
(4) Increase employment opportunities for the citizens of
Waterloo.
(5) Provide the necessary infrastructure, including but not
limited to: sanitary sewer, storm sewer, streets, rail, traffic
control,parking, skywalks, street amenities, etc., which
may be necessary as the area is developed.
(6) All of the objectives adopted by the original plan adopted
in 1993, Amendment No. 1 adopted in 2004, and
Amendment No. 2 adopted in 2015.
B. Land Use Plan
1. This Plan is in conformance with the previously adopted Comprehensive
Plan for the City of Waterloo.
2. As part of good planning and land use, the following goals are inherent to
the realization of Plan objectives:
a. Stimulate land uses which will strengthen and complement existing
sound land use relationships within the surrounding community.
b. Stabilize and increase employment in the area.
C. Encourage investment in the area.
d. Conserve and enhance the existing community facilities necessary
to serve the surrounding area.
3. This Plan is consistent with the Comprehensive Plan in that both strive to:
5
Page 52 of 200
a. Maintain the City's role as a regional center of commerce and
industry.
b. Assure land uses which will strengthen and complement existing
appropriate land use relationships within the surrounding
community.
C. Encourage sound growth and investment in the area.
d. Increase employment in the area by encouraging economic
development.
e. Provide economic incentives that may increase employment
opportunities within the City.
C. Project Proposals
I. General Renewal Activities
a. The City intends to acquire land or interests in land to facilitate
development that is consistent with this Plan and site
improvements.
b. The City intends to provide public facilities that are needed from
time to time such as streets,rail, sanitary sewers, storm sewers,
parking, traffic control, streetscape amenities, skywalks, rail
access, etc.
C. The City may make loans or grants to private persons or businesses
for economic development and/or redevelopment purposes on such
terms as may be determined by the City Council.
d. The City may borrow money and provide security therefor.
e. The City may establish and enforce controls, standards, and
restrictions on land use and buildings.
f. The City may make or have made surveys and plans necessary for
the implementation of the urban renewal program and specific
urban renewal project activities.
g. The City may use tax increment financing to achieve a more
marketable and competitive land-offering price, to provide for
6
Page 53 of 200
necessary physical improvements and infrastructure, and to fund
other urban renewal project costs.
h. The City may use any and all other powers, without limitation,
granted by the Iowa Code to develop and provide for improved
economic conditions in the City of Waterloo.
i. Pay all legal fees, consulting fees, and related expenses associated
with the administration and operation of the Northeast Industrial
Area.
2. Land Acquisition and Disposition
The City may finance the acquisition of one or more tracts of land in the
Project Area for purposes of private development. Other areas may be
identified for acquisition in the future for the following purposes:
a. To provide sites for needed private and public improvements or
facilities or other public purposes, in proper relationship to the
projects demand for such facilities and in accordance with
accepted criteria for the development of such facilities.
b. To assemble land into parcels of adequate size and shape to meet
contemporary development needs and standards and to allow new
construction to meet the objectives of the plan.
C. To acquire any and all interests in any property within the Project
Area which in any way dominates or controls usage of other real
property proposed to be acquired.
The City may make improvements in preparation for redevelopment or
transfer of land to private developers. Improvements will be
accomplished in accordance with the goals and objectives of this plan and
in concert with other actions to ensure timely improvement of the land.
The City may advertise and solicit development proposals, may negotiate
directly with prospective developers, and may dispose of all or a portion
of the property acquired by it for the purpose of redevelopment in
accordance with the goals and objects of this plan. The property so
disposed of may include vacated right-of-way and other lands under public
ownership which are not needed for public purposes.
7
Page 54 of 200
The City may subdivide, vacate, or otherwise change the recorded
arrangement of property under its control to accomplish the goals and
objectives of this plan.
3. Northeast Industrial Area Projects
a. Over time project agreements will be developed to outline
specifics of projects that meet the objectives of the Northeast
Industrial Area. The known and anticipated projects are listed in
Attachment D. In the future this list of projects may be amended or
added by the action of the City Council after proper notice and
hearing.
4. Public Improvements
a. Infrastructure such as streets,rail, sewers, parking, streetscape,
skywalks, sidewalks, bridge improvements, etc. will be constructed
in association with enhancing the new development projects using
the local option sales tax for street reconstruction, MPO federal
road funds,potential grants, and G.O. bonds which will be paid off
with the increased tax increment revenues resulting from private
investment in the Northeast Industrial area.
D. Other Provisions Necessary to Meet State and Local Requirements
1. In accordance with this Urban Renewal and Redevelopment Plan, the City
of Waterloo will take whatever action it deems necessary to close, vacate,
plan or replan streets, roads, rail, sidewalks, walkways or other places
within the Project Area.
2. In the event it is deemed necessary for the successful implementation of
the plan to acquire any properties, land acquisition procedures will be in
conformance with policies and procedures used in the City's acquisition
programs. (Current policy attached as Attachment "E")
E. Procedures for Changes in the Plan
1. This plan may be modified at any time provided it is done in accordance
with Iowa Code Chapter 403, and the proposed plan modification is
approved by the Waterloo Planning, Programming and Zoning
Commission (when required) and a public hearing is held.
8
Page 55 of 200
F. Relocation
1. All relocation will be carried out in accordance with Iowa Code, Section
403.5(4)(a), and in the event any properties are acquired and it is
necessary to relocate families, individuals or businesses, relocation
assistance will be provided by the City's Community Planning and
Development Relocation staff. (Current policy attached as Attachment
«F»)
G. Bonding Capacity
1. For updated information about unused bonding capacity for the City of
Waterloo, see Attachment"C" attached to the latest Plan amendment.
II. PROJECT BUDGET
A. Narrative
The Northeast Industrial Area Urban Renewal and Redevelopment Plan includes the
area as described in Attachment "B". As each project is developed, the City Council
may enter into a specific project agreement, which will identify the specific financial
incentives that may be used on each project. Therefore, a total value on the financial
incentives cannot be identified at this time.
The following projects will be developed,but specific project budgets cannot be
identified as specific locations are not available. However,preliminary budgets for
known and anticipated projects are listed in Attachment"D".
1. Acquisition of property.
2. Tax rebate program
The property tax assessment base on the real estate where a new development
and/or rehabilitation/renovation is completed is frozen. While the frozen
amount will be guaranteed to each new taxing jurisdiction, the increased tax
revenue resulting from the new development may be rebated annually to the
developer for up to ten (10)years, or twenty(20) years for monumental
projects. The developer may use these funds in two ways: (1) to pay off
private debt incurred in financing the new construction and/or the
rehabilitation/renovation of an existing commercial building, or (2)to pay off
public improvements (street and/or parking improvements, extension of
skywalks, etc.) associated with enhancing the new development and/or the
9
Page 56 of 200
total rehabilitation/renovation project. A specific project agreement will be
required for each project.
The taxable value must be increased by a minimum of 10% and increase the
annual tax by a minimum of 5500.00. This program is not applicable to the
Self Supported Municipal Improvement District levy, other special tax
assessments, the debt service levy or any other levy exempted from treatment
as tax increment financing under applicable law.
3. Project loans and/or grants.
4. Infrastructure such as streets, sewers,parking, streetscape, bridge
improvements, skywalks, sidewalks, rail, etc.
B. Loans or Grants
The making of loans or grants of public funds to private businesses within the Project
Area may be deemed necessary or appropriate for economic development purposes
(as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and
carrying out of urban renewal project activities authorized under this Urban Renewal
Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan,
the City may determine to issue general obligation bonds, tax increment revenue
bonds or other such obligations, or loan agreements for the purpose of making loans
or grant funds to private businesses located in the Project Area. Alternatively, the
City may determine to use available funds for making such loans or grants.
C. Tax Increment Financing
The City intends to utilize tax increment financing as a means to help pay for the
costs associated with the development of the Project Area. General obligation bonds,
tax increment revenue bonds or other such obligations or loan agreements may be
issued by the City. The tax increment reimbursement may be sought for, among other
things, the following costs (if and to the extent incurred by the City):
1. The construction of public improvements, such as streets,rail, sanitary sewers,
sewage treatment lagoons, storm sewers, bridge improvements,parking
facilities, water mains or sidewalks;
2. The acquisition of land and preparation of same for sale to private developers
or for public purposes or public improvements;
10
Page 57 of 200
3. The making of loans or grants to private businesses under Chapter 15A or
Chapter 403 of the Code, including debt service payments on any bonds or
notes issued to finance such loans or grants; or
4. Providing the local matching share of CEBA, RISE, MPO, HQJC, or other
state, federal, or local grants and loan programs.
Nothing herein shall be construed as a limitation on the power of the City to
exercise any lawful power granted to the City under Chapter 15A, Chapter 260E,
Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of
the Code in furtherance of the objectives of this Urban Renewal Plan.
III. LEGAL DATA - ATTACHMENTS
See Attachments A-K.
A. Boundary Map
B. Legal Description
C. Study of Bonding Capacity
D. Project Proposals and Budget
E. Acquisition Checklist
F. Relocation Checklist
G. Planning, Programming & Zoning Commission Resolution
H. Notification to Taxing Entities and Record of Consultation
I. Resolution Adopting Plan
J. Ordinance Adopting Tax Increment Financing District
K. Notice of Public Hearing
L. Black Hawk County Consent to Northeast Industrial Area Urban Renewal and
Redevelopment Plan and TIF District, Amendment No. 5
11
Page 58 of 200
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Attachment B
NORTHEAST INDUSTRIAL AREA URBAN RENEWAL AND REDEVELOPMENT PLAN
URBAN RENEWAL AREA LEGAL DESCRIPTIONS
Original area (1993) (Oripainal Subarea)
Part of Sections 15, 20, 21 and 22, Township 89 North, Range 12 West of the 5t"Principal Meridian
in the City of Waterloo,Black Hawk County,Iowa, described as follows:
Beginning at the Southeasterly corner of Section 20, Township 89,Range 12,thence West along the
South line of said Section to a point that is sixty-six(66)feet West of the West line of the East one-half
(1/2) of the Southeast quarter(SE 1/4) of said Section,thence North along a line sixty-six(66)feet West
of the West line of said East one-half(1/2)to its intersection with the South line of the North one-half
(1/2) of the Northwest quarter(NW 1/4) of the Southeast quarter(SE 1/4) Section 20, thence West on said
South line and its extension Westerly to the South line of the Union Pacific Railroad Right-of-Way,
thence Northeasterly along said right-of-way line to its intersection with the West line of the East one
quarter(1/4) of said Section,thence Northerly along the West line of the Northeast quarter(NE 1/4) of
the Southeast quarter(SE 1/4) said Section to the Southwest corner of the Southeast quarter(SE 1/4)of
the Northeast quarter(NE 1/4) said Section,thence West along the South line of the North one-half(1/2)
of said Section to the West line of said Section, thence North along the West line to the Northwest corner
of the Southwest quarter(SW 1/4) of the Northwest quarter(NW 1/4) said Section,thence East one
hundred ninety-four and four tenths (194.4) feet,thence North parallel to the West line of said Section to
the North line of said Section,thence East to the Northeast corner of said Section 20, thence continuing
East along the North line Section 21, Township 89, Range 12 to the Northeast corner of said Section,
thence North along the West line of Section 15,Township 89, Range 12 to the Northwest corner of the
Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) said Section, thence East along the North
line of the Southwest quarter(SW 1/4) of the Southwest quarter(SW 1/4) to the Northeast corner of said
quarter(1/4)quarter(1/4) said Section,thence South along the East line of the Southwest quarter(SW
1/4)of the Southwest quarter(SW 1/4) said Section to its intersection with the South line of the Union
Pacific Railroad Right-of-Way, thence Northeasterly along said South Right-of-Way line to its
intersection with the East line of the Southeast quarter(SE 1/4) of the Southwest quarter(SW 1/4) of said
Section, said point also being a point on the current Corporate City Limit Line of Waterloo,thence South
following the current(1992) Corporate Limits of said City to the South line of Section 15, said line also
being the North line of Section 22, Township 89, Range 12,thence continuing South along the East line
of the Northeast quarter(NE 1/4) of the Northwest quarter(NW 1/4) of Section 22, Township 89, Range
12 to a point that is 680 feet South of the North line said Section,thence West along a line 680 feet
normally distant Southerly of the Section line approximately 1500'±,thence North 40°01'01"West
166.19 feet,thence North 15°32'50"West 194.91 feet,thence North 02°34'55"West 174.45 feet,thence
North 32°18'09"East 115.17 feet, thence North 57°10'27"East 111.27 feet to the South line of the Union
Pacific Railroad Right of Way,thence South 70°11'41"West along said South Right-of-Way line to a
point that is 264.54 feet Northeasterly of the West line Section 22, thence South 86028'27"East 190.29
feet, thence South 73°13'02"East 119.21 feet, thence South 61°04'21"East 154.14 feet, thence South
Page 60 of 200
40°08'51"East 145.09 feet, thence South 24°47'31"East 141.92 feet, thence South 9°45'15"East 287.51
feet,thence South 0°06' West 261.27 feet,thence South 14°18" West 256.24 feet,thence South 65.02
feet,thence West 766 feet to the East line of North Elk Run Road,thence South 70 feet along said right-
of-way,thence East 391 feet,thence South 60 feet,thence East 130 feet,thence South 60 feet,thence East
165 feet,thence South 0'07'14"East 777.35 feet,thence South 81°02'06" West 255.19 feet,thence South
94.32 feet to the South line of the Northwest quarter(NW 1/4) of said Section,thence West along said
South line to the centerline of North Elk Run Road, which is also a point on the West line Section 22,
Township 89, Range 12,thence North along said West line to the South line of the Union Pacific Railroad
Right of Way,thence Southwesterly along said South Right-of-Way line through Section 21,Township
89, Range 12 to its intersection with the West line of Southeast quarter(SE 1/4) of the Northwest quarter
(NW 1/4), of Section 21,thence South along said West line to the Northwest corner of the Northeast
quarter(NE 1/4) of the Southwest quarter(SW 1/4) said Section,thence East along the North line of the
Southwest quarter(SW 1/4) of said Section to the center of Section 21, said point also being a point on
the corporate limit line of Waterloo,thence South along the East line of the Southwest quarter(1/4) of
said Section to the South line of said Section, thence West along the South line of Section 21 to the point
of beginning, all in the City of Waterloo,Black Hawk County, Iowa.
Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment
No. 3 (2017))
That part of Section 21, Township 89 North, Range 12 West, as follows:
The Southeast '/4 of said Section, except the Southeast '/4 of the Southeast '/4 of said Section, and
except the East 332 feet of the South 693 feet of the Southwest '/4 of the Southeast '/4 said Section.
And,
That part of Section 20, Township 89 North, Range 12 West, as follows:
Beginning at a point on the West line of said Section 20 that is 990' North of the Southwest corner of said
Section,thence North along the West line of said Section to the West '/4 corner of said Section,thence
East along the centerline of said Section to the point where it intersects the Northwest corner of the
Northeast'/4 of the Southeast'/4 of said Section,thence South along the West line of the Northeast'/4 of
the Southeast '/4 of said Section to the South line of the Union Pacific Railroad Right of Way,thence
Southwesterly along said South Right of Way line to the South line of the North'/Z of the Northeast '/4 of
the Southwest '/4 of Section 20 Township 89 Range 13,thence East along the South line of North ''/z of the
Northeast '/4 of the Southwest'/4 and the South line of the North%z of the Northwest'/4 of the Southeast '/4
to its intersection with a line 66 feet West of and parallel to the West line of the East '/z of the Southeast '/4
said Section,thence South along said parallel line to the South line of said Section,thence West along the
South line of said Section to the centerline of Northeast Drive (formerly Bishop Avenue), thence
Northerly along the centerline of Northeast Drive, as now established,to North line of the South 990' of
said Section,thence West along the North line of the South 990' of said Section to the point of beginning,
all in the City of Waterloo,Black Hawk County, Iowa.
Except the following areas removed from the Amendment No. I area by Amendment No. 3 (2017):
Page 61 of 200
The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth
Principal Meridian, Black Hawk County,Iowa.
Also except a parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21,Township 89
North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,more particularly
described in LD Book 571 Page 808 in the office of the Black Hawk County Recorder.
Also except that part of the above described Amendment No. 1 area located in Section 20, Township 89
North,Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa,but not excepting that
part of the West%of the Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the
Union Pacific Railroad, and not excepting that part of the North 5 acres of the West '/2 of the Southeast '/4
of the Southwest '/4 of said Section 20 lying Northwesterly of the Northwesterly right of way line of
Northeast Drive(formerly Bishop Avenue), and not excepting the Union Pacific Railroad Right of Way.
Amendment No. 2 area (2015) (Amendment No. 2 Subarea)
That part of the East One-half of the Southwest Quarter of Section 15, Township 89 North, Range 12
West of the Fifth Principal Meridian,Waterloo, Black Hawk County Iowa, lying North of the Union
Pacific Railroad Right-of-Way, except the North 990 feet thereof.
Amendment No. 4 area (2017) (Amendment No. 4 Subarea)
The Northeast'/4 of the Southeast'/4 of Section 21, Township 89 North,Range 12 West of the Fifth
Principal Meridian, Black Hawk County,Iowa.
And,
A parcel of land located in the Northwest'/4 of the Southeast'/4 of Section 21, Township 89 North, Range
12 West of the Fifth Principal Meridian,Black Hawk County,Iowa, more particularly described in LD
Book 571 Page 808 in the office of the Black Hawk County Recorder.
And,
That part of the above described Amendment No. I area located in Section 20, Township 89 North, Range
12 West of the Fifth Principal Meridian,Black Hawk County,Iowa, except that part of the West ''/z of the
Northeast'/4 of the Southwest Quarter of said Section 20 lying South of the Union Pacific Railroad, and
except that part of the North 5 acres of the West '/z of the Southeast '/4 of the Southwest '/4 of said Section
20 lying Northwesterly of the Northwesterly right of way line of Northeast Drive (formerly Bishop
Avenue), and except the Union Pacific Railroad Right of Way.
Page 62 of 200
Amendment No. 5 area (2018) (Amendment No. 5 Subarea)
The Northwest'/4 of the Southwest '/4 of Section 15, T89N, R12W, Except the North 1/2 thereof, Black
Hawk County, Iowa.
And,
That part of the right-of-way of North Elk Run Road described as follows:
Beginning at the Southeast Corner of Section 16, T89N,R12W,thence West along the South line of said
Section 16 to its intersection with a Southerly extension of the Westerly right-of-way line of North Elk
Run Road,thence Northerly along said Southerly extension of the Westerly right-of-way line of North
Elk Run Road and the Westerly right-of-way line of North Elk Run Road to its intersection with the
Westerly extension of the South line of the North '/2 of the Northwest'/4 of the Southwest Quarter of
Section 15, T89N, R12W,thence Easterly along said Westerly extension to its intersection with the East
line of said Section 16,thence South along the East line of said Section 16 to the Point of Beginning, City
of Waterloo,Black Hawk County,Iowa.
Page 63 of 200
Attachment C
City of Waterloo
Black Hawk County, Iowa
Study of Bonding Capacity as of January 1, 2015
January 1, 2015 Actual Gross Assessed Valuation $3,770,142,165
Legal Bonding Rate 5%
Legal Bonding Limit $ 188,507,108
Less Outstanding G.O. & Other Debt ($ 94,503,764)
Unused Gross bonding Capacity $ 94,003,344
50% of legal limit
Page 64 of 200
Attachment D- Northeast Industrial Park Amendment No. 5 (2018)
Project Proposals Proposed Budgets
1) Future or Anticipated Acquisition $2,800,000
2) Future or Anticiapted Demolition $500,000
3) Site Improvements, platting $2,000,000
4) Water&Sewer $2,000,000
5) Legal fees, consulting fees, and related expenses $500,000
associated with administration and operation of
the Urban Renewal Area
6) Miscellaneous (certification, environmental) $300,000
7) Railroad extension $700,000
8) Twin City Tannery- rebates $61,000
9) Veteran Enterprises- rebates $70,000
10) Ferguson Enterprises- rebates $625,000
11) Eagles Wings (Harris Cleaning) - rebates $40,000
12) ConTrol - rebates $150,000
13) Heavy water prospect- infrastructure and rebates $500,000
14) Light Industrial prospect- rebates $1,800,000
15) Rottinghaus Acquisition $400,000
Total $12,446,000
Page 65 of 200
Attachment E
CITY OF WATERLOO, IOWA
ACQUISITION CHECKLIST
1. City of Waterloo personnel detennine property owners affected by the project.
2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers
then inspect each property affected by the project and make a written appraisal report.
The appraisal report will estimate the current market value of the land and
improvements to be purchased by the City of Waterloo,plus any reduction in the
value of remaining property should its value be adversely affected. The appraiser will
contact the property owner for permission to inspect and study the property. The
appraiser will interview the landowner to get information about he use and operation
of the property to be purchased by the City of Waterloo.
3. The appraiser's report will be reviewed by qualified review appraisers for the City of
Waterloo, if needed in specific acquisitions of contention.
4. The property owner will then be contacted by an acquisition agent from the City of
Waterloo to present the property owner with an offer to purchase. This dollar amount
is offered as just compensation for property being purchased by the City of Waterloo.
5. After agreement is reached, a contract is approved and signed by the City. Where
title conditions permit, a partial payment of the purchase price can also be made
available per the terms of the contract.
6. Reasonable time will be allowed for the occupant to vacate property purchased.
Occupant will not be required to move sooner than ninety(90) days from the date the
City makes the first offer to acquire the property.
7. Written notice specifying the date the property must be vacated will be given at least
thirty(30) days prior to the required vacation date. The thirty(30) day notice will not
be issued until payment by the City is received as agreed, or the money has been
deposited by the City as prescribed by law.
8. The City acquisition agent will arrange payment at the earliest possible date.
9. If the City's acquisition offer is rejected, fair market value will be determined in the
course of eminent domain proceedings (commonly referred to as condemnation).
16
Page 66 of 200
Attachment F
CITY OF WATERLOO, IOWA
RELOCATION CHECKLIST
1. City of Waterloo personnel determine property owners affected by the project.
2. City of Waterloo relocation agent will contact family/occupant to determine the amount
of eligible relocation benefits such as:
a. Actual reasonable expenses as a result of moving (based upon two (2) quotations
from movers approved by City of Waterloo).
3. To be eligible for assistance, occupant must not move until negotiations have started on
the acquisition of the property without jeopardizing eligibility for moving cost
payments.
4. If dissatisfied with the determination of the amount of payment offered under the
Relocation Assistance Program,persons to be displaced may have the application
reviewed by:
a. Sending a written statement requesting the review and outlining the items in
dispute to the Community Planning&Development Director, Community
Planning and Development Department, City of Waterloo, 715 Mulberry Street,
Waterloo, Iowa 50703
b. Stating the amount or amounts being claimed, if any, and including
documentation and reasons why dissatisfied with the amount offered.
5. Upon receipt of the claim application, the Community Planning &Development
Director will appoint a review board and notify the applicant when and where a hearing
will be held. The review board will recommend a decision on the claim to the City of
Waterloo. The relocation agent will notify the applicant in writing of the City of
Waterloo's decision within one (1) week.
17
Page 67 of 200
ATTACHMENT G
A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND
ZONING COMMISSION
BE IT RESOLVED BY THE WATERLOO CITY PLANNING,
PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF
WATERLOO:
WHEREAS, the Northeast Industrial Area Urban Renewal and Redevelopment Plan
Amendment No. 5 for a Tax Increment Financing District has been prepared by
the Planning and Zoning Department in Accordance with Chapter 403 of the Code
of Iowa; and
WHEREAS, said plan provides incentives for the expansion of the tax base improvements,
economic development and creation of jobs; and,
WHEREAS, said plan is in conformance with the Long Range Use Plan for this area,
NOW THEREFORE, BE IT RESOLVED that the Northeast Industrial Area Urban Renewal
and Redevelopment Plan Amendment No. 5 be and is hereby reviewed and placed on file and
recommended for approval and that the Secretary and Chairman of this Commission be and they
are hereby authorized and directed to certify a copy of this Resolution.
Passed and adopted this day of 2018.
Craig Holdiman, Chairperson
ATTEST:
Aric Schroeder, Secretary
CERTIFICATE
We, Craig Holidamn, Chairperson and Aric Schroeder, Secretary, of the Planning
Programming &Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the
foregoing is a true and correct copy of a certain resolution adopted by the Planning,
Programming &Zoning Commission of the City of Waterloo, Iowa, on the date thereon
indicated.
Craig Holidman, Chairperson
Aric Schroeder, Secretary
18
Page 68 of 200
Attachment H
CITY OF WATERLOO, IOWA
CONSULTATION WITH TAXING ENTITIES
19
Page 69 of 200
Attachment I
CITY OF WATERLOO, IOWA
RESOLUTION ADOPTING
20
Page 70 of 200
Attachment J
CITY OF WATERLOO, IOWA
ORDINANCE ADOPTING
21
Page 71 of 200
Attachment K
CITY OF WATERLOO, IOWA
NOTICE OF PUBLIC HEARING
22
Page 72 of 200
ATTACHMENT"L"
BLACK HAWK COUNTY CONSENT TO NORTHEAST INDUSTRIAL AREA URBAN
RENEWAL AND REDEVELOPMENT PLAN AND TIE DISTRICT,AMENDMENT NO. 5
I
The undersigned Black Hawk County hereby consents to the City of Waterloo, Iowa, to
include the territory illustrated by the map in the attached Exhibit`°A" and that has been legally
described in the attached Exhibit"B"in the Northeast Industrial.Area Urban Renewal and j
Redevelopment Plan and TIF District,Amendment No. 5.
i
Said consent to include the territory in the TIF District is to comply with Iowa Code
Section 403.6 and 403.17 for an "area of operation" for an urban renewal project.
By: Date: " t
Craig chair, Black Hawk County Board of Sup6 iso
I
1
Page 73 of 200
CITY OF WATERLOO , IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street . Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
• NOEL ANDERSON,Community Planning&Development Director
DATE: June 1, 2018
Mayor TO: Planning and Zoning Commission Members
QUENTIN
HART
From: Aric A. Schroeder, City Planner
COUNCIL RE: Proposed Expansion to the Northeast Industrial Area Urban Renewal and
MEMBERS
................... Redevelopment Plan and TIF District—Amendment No. 5
MARGARET
KLEIN Planning staff is proposing to amend the Northeast Industrial Area Urban
Ward I
Renewal and Redevelopment Plan and TIF District to expand the TIF District by
BRUCE one additional parcel, and right-of-way of North Elk Run Road. The expansion
JACOBS represents a proposal for the improvement and location of commercial and
Ward industrial development and provides for public improvements in order to increase
PAT the tax base and employment opportunities in the Northeast Industrial Area
MORRISSEY Urban Renewal and Redevelopment Plan area.
Ward 3
JEROME The expanded area would include a 19.08 acre parcel of land on the east side of
AMOS North Elk Run Road,just northeast of 4455 Remington Road, and a portion of
Ward North Elk Run Road right-of-way, for a total area of 24.57 acres. The parcel is
CHRIS currently owned by John and Dessie Rottinghaus and the City of Waterloo has an
SHIMP agreement to purchase the property. The property, along with the adjacent right-
Wards of-way of Elk Run Road, are proposed to be annexed into the City of Waterloo
SHARON
UON
and included in the TIF District, and would be available for future development.
The amendment will also update projects and project budgets to be included in the
JAUON Plan, and include other general updates to the Plan.
STEVE Attached is a map showing the proposed expansion area for Amendment No. 5.
SCHMITT
At-Large
If you have any questions on the amendment, please contact our office.
Respectfully,
Aric A. Schroeder,
City Planner
WE'RE WORKING FOR YOU! Page 74 of 200
An Equal Opportunity/Affirmative Action Employer g
City of Waterloo Planning, Programming and Zoning Commission
June 5, 2018
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Area in Question
REMINGTON RD REMINGTON RD REMINGTON
NEWELL ST NEWELL ST ,;,.NEWELL ST„„ ,„ NEWELL ST NEWELL ST,, NE J
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W E Urban Renewal Area and TIF
s Expansion
5 250 o eoo • City of Waterloo
Feet , ' Page 75 of 200
TIF Expansion — N or 4455 Remington Road
WIN
Looking southeast from North Elk Run Looking northeast from North Elk Run
Road near the northwest corner of the Road near the southwest corner of the
property. property.
111 ilk i�VI!!iiii,;:
r
n e
Y
Looking west across North Elk Run Road Looking southwest across North Elk Run
at the John Deere Tractor Works. Road at Tyson Fresh Meats.
Page 76 of 200
CITY OF WATERLOO
Council Communication
Resolution setting a date of public hearing as July 16, 2018 to authorize the sale and conveyance of 1.5 acres of
City owned property for$1.00 commonly known as the former Logan Plaza area, and enter into a
Development Agreement with Avita Developments, LLC, for the construction of a 5,300 sq. ft. medical office
expansion with a minimum value of$1.1 million added to existing value, and 5 years at 50% tax rebates.
City Council Meeting: 7/2/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
11 p:tnnrn'ig& Zonnnr'ig Sd roederr, . .rpc Approved 6/27/2018 ... 11-p 9 A
t.`Ilcrp Office p p�}nl�y, Namy Approved 6/27/2018 ... 11-.36 A
ATTACHMENTS:
Description Type
S alr,) of exlp ansior(s) t.:'4 vcx Morn-io
Resolution setting a date of public hearing as July 16, 2018 to authorize the sale
and conveyance of 1.5 acres of City owned property for$1.00 commonly
SUBJECT: known as the former Logan Plaza area, and enter into a Development
Agreement with Avita Developments, LLC, for the construction of a 5.300 scj
ft. medical office expansion with a minimum value of$1.1 million added to
existing value. and 5 years at 50%tax rebates.
Submitted by: Submitted By:Noel Anderson, Community Planning& Development
Director
Recommended Action: Approve the request
The City continues to partner with Dr. Sundaram for expansion of his
existing site, future planning for the next phase(s), and correlation with Ben
Stroh for the entire Logan Plaza redevelopment area. This agreement will
Summary Statement: allow Dr. Sundaram the immediate expansion to continue, while aLso planning
ahead for the next phase, while working to properly work with Ben Stroh for
the overall site layout, storm water detention, and highest and best use of
land.
Expenditure Required: None
Source of Funds: NA
Policy Issue: Economic Development
Alternative: Not approve
Page 77 of 200
Dr. Sundaram has made tremendous development strides and investment in
Background Information: this area of the community. This was the first free-standing medical office on
the north side of town, and Dr. Sundaram continues to be a great partner in
improvements to Waterloo --both here and at other locations.
Legal Descriptions: See attached agreement
Page 78 of 200
BEECHER, FIELD, WALKER, MORRIS, HOFFMAN & JOHNSON, P.C.
LAWYERS
HUGH M.FIELD COURT SQUARE BUILDING-SUITE 300 W.LOUIS BEECHER(1921-2012)
JOI-IN R.WALKER,JR. 620 LAFAYETTE STREET W.L.BEECHER(I89I--I976)
RICHARD R.MORRIS P.O.BOX 178 JOHN W.RATHERT(1932-20I0)
THERESA E.HOFFMAN WATERLOO,IOWA 50704
ERIC W.JOHNSON TELEPHONE; 319 234-17660� '��t
KEVIN D.AHRENHOLZ { � "a
D.RAYMOND WALTON FAX:(3I9)234-I225
JOHN J.WOOD ►
ADNANMAHMUTAGIC
THOMAS C.VERHULST
KATE B.MITCHELL eiohnon(?beecherlaw.com
NATHAN MILLER wttw.cvctlan'yer'0O°t MAY d
JORDAN S.TAISMA
May 22, 2018
4.
Noel Anderson
Community Planning & Development Director
715 Mulberry Street
Waterloo, IA 50703
Re: Development Agreement between Avita
Developments, LLC and City of Waterloo, Iowa
i
Dear Noel:
Enclosed you will find one original and executed Development Agreements regarding the
above referenced matter and concerning the property located in the East Waterloo Unified Urban
r.
Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and
Redevelopment Plan Area.
Please let me or my assistant, Barb Mostek, know when this Development Agreement will
be on the agenda for approval by the City Council and if either myself or my client, Kalyana
Sundaram, will need to attend the City Council meeting.
K
Thank you.
Sin'be•ely,
-i � W. Johnson
BEECHER, FIELD, WALKER,
ORRIS, HOFFMAN & JOHNSON, P.C.
EWJlbjm
Enclosure
r
♦Est-ablished in 1918♦ I
Page 79 of 200
Prepared by Christopher S.Wendland, P.O. Sox 596,Waterloo, IA 50704 Phone(319)234-5701
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
2018 by and between Avita Developments, LLC (the "Company")
and the City of Waterloo, Iowa (the "City").
RECITALS
A. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the community
to provide financial incentives so as to encourage that goal, and the City
further believes that the project is in the vital and best interests of the City
and that the project and such incentives are in accordance with the public
purposes and provisions of applicable State and local laws and
requirements under which the project has been undertaken and is being
assisted.
B. Company is willing and able to finance and construct buildings and related
improvements on property legally described on Exhibit "A" attached hereto
(the "Property") located in the East Waterloo Unified Urban Renewal and
Redevelopment Plan Area, formerly known as the Logan Plaza Urban
Renewal and Redevelopment Plan Area ("Urban Renewal Area").
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, City shall convey to
Company for the sum of$1.00 (the "Purchase Price") the real estate described on
Exhibit "A-1" attached hereto (the "City Property"), consisting of approximately 1.5
acres. Conveyance shall be by quit claim deed, free and clear of all encumbrances
arising by or through City except: (a) easements, conditions and restrictions of record
which do not, in Company's opinion, interfere with Company's proposed use; (b) current
and future real estate real property taxes and assessments subject to the agreements
Page 80 of 200
made herein; (c) general utility and right-of-way easements serving the City Property;
and (d) restrictions imposed by the City zoning ordinances and other applicable law.
City shall have no duty to convey title to Company until Company delivers to City
reasonable and satisfactory proof of financial ability to undertake and carry on the
Project (defined below), which may take the form of a lending commitment letter. In any
event, conveyance will not occur until the City Property has been surveyed and City has
acquired title to the City Property. Company shall, at its own expense, prepare an
updated abstract of title, or in lieu thereof Company may, at its own expense, obtain
whatever form of title evidence it desires. If title is unmarketable or subject to matters
not acceptable to Company, and if City does not remedy or remove such objectionable
matters in timely fashion following written notice of such objections from Company,
Company may terminate this Agreement. City shall provide any title documents it has in
its possession, including any abstracts, to assist in title preparation.
2. Improvements by Company. Company shall construct on the Property
and the City Property a 5,300 square-foot addition to the current medical facility, and
related parking, landscaping, and other improvements to the buildings and grounds
(collectively, the "Improvements"). The Improvements shall be constructed in
accordance with all applicable City, state, and federal building codes and shall comply
with all applicable City ordinances and other applicable law. The Property, the City
Property, the Improvements, and all site preparation and development-related work to
make the Property and the City Property usable for Company's purposes as
contemplated by this Agreement are collectively referred to as the "Project".
3. Timeliness of Construction; Possibility of Reverter. The parties agree
that Company's commitment to undertake the Project and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
convey the City Property, or to cause the City Property to be conveyed, to Company
and that without said commitment City would not do so. Company must obtain a
building permit and begin construction no later than April 30, 2018 (the "Project Start
Date") and substantially complete construction by December 31, 2018 (the "Project
Completion Date").
If Company has not, in good faith, begun the construction of the
Improvements by the Project Start Date, then title to the City Property shall revert to the
City, except as provided in this Agreement; provided, however, that if construction has
not begun by the Project Start Date but the development of the Project is still imminent,
the City Council may, but shall not be required to, consent to an extension of time for
the construction of the Improvements, and if an extension is granted but construction of
the Improvements has not begun within such extended period, then the title to the City
Property shall revert to the City after the end of said extended period. If Company
determines at any time that the Project is not economically feasible, then after giving
thirty (30) days' advance written notice to City, Company may convey the City Property
to City by special warranty deed, and thereupon neither party shall have any further
obligation under this Agreement except as expressly provided. If development has
commenced by the Project Start Date or any extended period and is stopped and/or
delayed as a result of an act of God, war, civil disturbance, court order, labor dispute,
2
Page 81 of 200
i
fire, or other cause beyond the reasonable control of Company, the requirement that
construction is to be completed by the Project Completion Date shall be tolled for a
period of time equal to the period of such stoppage or delay, and thereafter if
construction is not completed within the allowed period of extension the title to the City
Property shall revert to the City after the end of said period.
4. Reverter of Title; Indemnity. In the event of any reverter of title,
Company agrees that it shall, at its own expense, promptly execute all documents,
including but not limited to a special warranty deed, or take such other actions as the
City may reasonably request to effectuate said reverter and to deliver to City title to the
City Property that is free and clear of any lien, claim, charge, security interest, mortgage
or encumbrance (collectively, "Liens") arising by or through Company. Company shall
pay in full, so as to discharge or satisfy, all Liens on or against the City Property.
Appointment of Attorney in Fact: If Company fails to deliver such documents,
including but not limited to a special warranty deed, to City within thirty (30) days of
written demand by City, then City shall be authorized to execute, on Company's behalf
and as its attorney-in-fact, the special warranty deed required by this Section, and for
such limited purpose Company does hereby constitute and appoint City as its attorney-
in-fact.
Company further agrees that it shall indemnify City and hold it harmless
with respect to any demand, claim, cause of action, damage, or injury made, suffered,
or incurred as a result of or in connection with the Project, Company's failure to carry on
or complete same, or any Lien or Liens on or against the City Property of any type or
nature whatsoever that attaches to the City Property by virtue of Company's ownership
of same. If City files suit to enforce the terms of this Agreement and prevails in such
suit, then Company shall be liable for all legal expenses, including but not limited to
reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to
this Section shall survive the expiration, termination or cancellation of this Agreement
for any reason.
5. No Encumbrances; Limited Exception. Until completion of the
Improvements, Company agrees that it shall not create, incur, or suffer to exist any
Liens on the City Property, other than such mortgage or mortgages as may be
reasonably necessary to finance Company's completion of the Improvements and of
which Company notifies City before Company executes any such mortgage. Company
may not mortgage the City Property or any part thereof for any purpose except in
connection with financing of the Improvements.
6. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services from public
right of way to any location on the Property and for payment of any associated
connection fees.
7. Minimum Assessment Agreement. Company acknowledges and
agrees that it will pay when due all taxes and assessments, general or special, and all
other charges whatsoever levied upon or assessed or placed against the Property and
3
Page 82 of 200
the City Property. Company further agrees that prior to the date set forth in Section 2 of
Exhibit°B" it will not seek or cause a reduction in the taxable valuation for the Property
and the City Property, which shall be fixed for assessment purposes, below the amount
of$3,701,320 (the "Minimum Actual Value"), through:
(i) willful destruction of the Property, the City 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.
Company agrees to sign said attached Exhibit"B" at the closing.
8. Tax Rebates. Provided that Company has completed the Improvements
as set forth herein and has executed the Minimum Assessment Agreement as set forth
above, City agrees to rebate property tax (with the exceptions noted below) as follows:
Year One through Year Five 50% rebate each year
for any taxable value over the January 1, 2018 value of$2,601,320. Rebates are
payable in respect of a given year only to the extent that Company has actually paid
general property taxes due and owing for such year. To receive rebates for a given
year, Company must, within twelve (12) months after the tax payment due date, submit
a completed rebate request to City on the form provided by or otherwise satisfactory to
City, or the rebate shall be forfeited.
The taxable value of the Property and the City Property as a result of the
Improvements must be increased by a minimum of 10% and must increase the annual
tax by a minimum of$500.00. This rebate program is not applicable to any special
assessment levy, debt service levy, or any other levy that is exempted from treatment
as tax increment financing under the provisions of applicable law.
The first year of in which a rebate may be given ("Year One") shall be the
first full year for which the assessment is based upon the completed value of the
Improvements, and not based on a prior year for which the assessment is based solely
upon (x) the value of the Property and the City Property or upon (y) the value of the
Property and the City Property and a partial value of the Improvements due to partial
completion of the Improvements or a partial tax year.
9. Representations and Warranties of City. City hereby represents and
warrants as follows:
4
Page 83 of 200
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.
10. 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.
11. Obligations Contingent. Each and every obligation of City under this
Agreement is expressly made subject to and contingent upon City's completion of all
procedures, hearings and approvals deemed necessary by City or its legal counsel for
amendment of the urban renewal plan applicable to the Property 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.
12. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project, whether in whole or in part, to any other person or entity without the prior
written consent of City. Reasonable grounds for the City to withhold its consent shall
include but are not limited to the inability of the proposed transferee to demonstrate to
the City's satisfaction that it has the financial ability to observe all of the terms to be
performed by Company under this Agreement.
5
Page 84 of 200
13. 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.
14. 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.
( } if to Comb , at 3904 Alexis Blvd., Cedar Falls, Iowa 50613,
Company,
facsimile number Attention: Kalyana Sunduram.
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.
15. 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.
16. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
17. Severability. Each provision, section, sentence, clause, phrase, and
word of this Agreement is intended to be severable. If any portion of this Agreement
6
Page 85 of 200
shall be deemed invalid or unenforceable, whether in whole or in part, the offending
provision or part thereof shall be deemed severed from this Agreement and the
remaining provisions of this Agreement shall not be affected thereby and shall continue
in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
18. Captions. All captions, headings, or titles in the paragraphs or sections of
this Agreement are inserted only as a matter of convenience and/or reference, and they
shall in no way be construed as limiting, extending, or describing either the scope or
intent of this Agreement or of any provisions hereof.
19. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
20. 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.
21. 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.
22. 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.
i
[signatures on next page] F,
i
7
Page 86 of 200
s
CITY OF WATERLOO, IOWA AVITA DEVELOPMENTS, LLC
,ry
By: By:
Quentin M. Hart, Mayor Kalyana Ondwarn, Manager
Attest:
Kelley Felchle, City Clerk
8
Page 87 of 200
EXHIBIT "A"
Legal Description of Property
THAT PART OF THE SW 114 OF THE SW 114 SEC 12 T 89 R 13 COM AT THE SE COR OF SAID SW
1/4 OF THE SW 114 TH N ALONG THE E LINE OF SAID SW 114 A DIST OF 33 FT TH N 89 DEG 51
SEC W 33 FT TO THE PT OF BEG WHICH IS THE INTERSECTION OF THE WLY ROW LINE OF E
4TH ST AND THE NLY ROW LINE OF DONALD ST TH N 89 DEG 51 SEC W ALONG SAID NLY ROW
LINE 445.61 FT TH N A DIST OF 200.01 FT TH N 89 DEG 51 SEC W 185 FT TH N 308.41 FT TH S 89
DEG 51 MIN E 628.30 FT TO THE WLY ROW LINE OF E 4TH ST TH S ALONG SAID WLY ROW LINE
508.45 FT TO PT OF BEG EXC COM SE COR SW TH N 33 FT TH N 89 DEG 55 MIN 28 SEC W 33 FT
TO W ROW LINE E 4TH ST BEING PT OF BEG TH N 89 DEG 55 MIN 28 SEC W 10 FT TH N 44 DEG
34 MIN 58 SEC E 14.02 FT TO W ROW LINE E 4TH ST TH S 10 FT TO PT OF BEG
9
Page 88 of 200
EXHIBIT "A-1"
Legal Description of City Property
[description to be inserted at a later date by amendment to development agreement]
10
Page 89 of 200
EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
, 2018, by and among the CITY OF WATERLOO, IOWA ("City"),
AVITA DEVELOPMENTS, 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, described in Exhibit "A" and Exhibit "A-V thereto, located in the City; and
WHEREAS, it is contemplated that pursuant to the Development Agreement, the
Company will undertake the development of an area ("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, of
the City; and
WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the
Company desire to establish a minimum actual value for the land and the building(s)
pursuant to this Agreement and applicable only to the Project, which shall be effective
upon substantial completion of the Project 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 buildings as to the Project only; and
WHEREAS, the City and the Assessor have reviewed the preliminary plans and
specifications for the improvements (the "Improvements") which the parties contemplate
will be erected as a part of the Project.
NOW, THEREFORE, the parties hereto, 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, the minimum actual taxable value which shall be fixed for assessment
purposes for the land and Improvements to be constructed thereon by the Company as
a part of the Project shall not be less than $3,701,320 (the "Minimum Actual Value")
until termination of this Agreement. The parties hereto agree that construction of the
Improvements will be substantially completed on or before December 31, 2018.
2. The Minimum Actual Value herein established shall be of no further force
and effect, and this Minimum Assessment Agreement shall terminate, on December 31,
2029. 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
11 !
Page 90 of 200
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 shall pay all costs of recording.
4. Neither the preambles nor provisions of this Agreement are intended to, or
shall be construed as, modifying the terms of the Development Agreement.
5. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties, including but not limited to future owners of the
Project property.
IN WITNESS WHEREOF, the parties have executed this Minimum Assessment
Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA AVITA DEVELOPMENTS, LLC
By: By:
Quentin M. Hart, Mayor Kalyanau daram, Manager
By:
Kelley Felchle, City Clerk
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
On this day of 2018, before me, a Notary Public
in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to
me personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
12
Page 91 of 200
instrument is the seal of said municipal corporation, and that said instrument was signed
and sealed on behalf of said municipal corporation by authority and resolution of its City
Council, and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipal corporation by it and by them voluntarily executed.
Notary Public
STATE OF IOWA
) SS.
COUNTY OF BLACK HAWK
Subscribed and sworn to before me on
c)) by Kalyana
SundQram as Manager of Avita Developments, LLC.
Notary Public
BARBARAJ M69%
COMMISSION NO.720408
My COMMISSION EXPIRES
JANUARY 15,2021
13
Page 92 of 200
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 Three Million Seven Hundred One Thousand Three Hundred Twenty Dollars
($3,709,320) 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
14
Page 93 of 200
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CITY OF WATERLOO
Council Communication
Cigarette/Tobacco Permit New Application for R&H Entertainment dba Broken Record, 315 W. 4th Street.
City Council Meeting:7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk (:)p'pice ipn.p'by; 1" mcy Approved /1I/201 ... 11-52lG.M
SUBJECT: Cigarette/Tobacco Permit New Application for R&H Entertainment dba
Broken Record, 315 W. 4th Street.
Page 95 of 200
CITY OF WATERLOO
Council Communication
Cigarette/Tobacco Permit New Application for Snack Shack, 4335 Texas Street.
City Council Meeting:7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk (:)p'pice ipn.p'by; 1" mcy Approve(l /1I/201 ... 11-52lG.M
SUBJECT: Cigarette/Tobacco Permit New Application for Snack Shack, 4335 Texas
Street.
Page 96 of 200
CITY OF WATERLOO
Council Communication
Cigarette/Tobacco Permit New Application for Affluent Corporation/King Star, 2035 E. Mitchell Avenue.
City Council Meeting:7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk (:)p'pice ifip.a,�y, 1" mmcy Approve(l /27/201 ... Soppy, PM
SUBJECT: Cigarette/Tobacco Permit New Application for Affluent Coraoration/King
Star, 2035 E. Mitchell Avenue.
Page 97 of 200
CITY OF WATERLOO
Council Communication
Motion to receive and file the Iowa Public Official Bond for Waterloo Water Works Trustee Member Mary
P otter.
City Council Meeting: 7/2/2018
Prepared: 6/22/2018
REVIEWERS:
Department Reviewer Action Date
W'Cater Works Malfler, Mad. Approved 6/22/2018 10-11 AM
(I
',11erk Oi%ince Ilipt'.)y, 114amy Approved ('p/25/2018 ... 5.p2 PM
ATTACHMENTS:
Description Type
D Iowa Pubfic Official Borid f6t Maty Potter Covet Menlo
SUBJECT: Motion to receive and file the Iowa Public Official Bond for Waterloo Water
Works Trustee Member Mary Potter.
Submitted by: Submitted By: Matt Mahler, General Manage
Recommended Action: Receive and place on file the Iowa Public Official Bond for Trustee Mary
Potter.
Summary Statement: The Board of Trustees of the Waterloo Water Works approved the Bond at
their regular meeting of June 20, 2018.
Expenditure Required: No City funds are required for this action. The Waterloo Water Works pays
for the cost of the bond.
Source of Funds: Waterloo Water Works operating funds, generated from water sales.
Page 98 of 200
MERCHANTS
BONDING COMPANY,M
MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IA 50306-3498
PHONE: (800)678-8171 FAX;(515) 243-3854
IOWA PUBLIC OFFICIAL BOND
Bond No. IA 596952
KNOW ALL PERSONS BY THESE PRESENTS:
That we ____._.. ._,., MARY POTTER _
as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the
State of Iowa, as Surety, are held and firmly bound unto the
-Citv of Waterloo State of Iowa in the sum of
Five Thousand Dollars _ ( $5,000.0_0 ) DOLLARS,
lawful money of the United States, for the payment of which, well-and truly to be made, weµhereby bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the above bounden Principal
having been duly elected or appointed to the office of w Trustee _ in and for the
Citi of Waterloo _wwww,� and State of Iowa
for the term beginning..�.w_.....,.,,.,,.,...___.�.,_..w__�,.....,.-...w_.,
GWWW on 13th day of_w_ _Il 2018 and ending on 13th day of ly 20.
he/she will render a true account of his/her office and of his/her doings therein to the proper authority, when
required, or by law,that he/she will promptly pay over to the officer or person entitled thereto all moneys which
may come into his/her hands by virtue of his/her office; that he/she will promptly account for all balances of money
remaining in his/her hands at the termination of his/her office;that he/she will exercise all reasonable diligence
and care in the preservation and lawful disposal of all money, books, papers, securities, or other property
appertaining to his/her said office, and deliver them to his/her successor or to any other person authorized to
receive the same; and that he/she will faithfully and impartially, without fear, favor, fraud or oppression, discharge
all duties now or hereafter required of his/her office by law, and the securities on such bond shall be liable for all
money or public property that may come into the hands of such officer at any time during his/her possession of
such office, then this bond to be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the
number of claims which may be made against this bond, the liability of the Surety shall not be cumulative and the
aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount
stated above Any revision of the bond amount shall not be cumulative.
PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to
whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder
shall terminate as to subsequent acts of the Principal.
Signed this._ __..... _..._ _...1st,. . ._._.. __, .. ,..__ __.,._._. day of 2018
, 2018
.w__.,.uv_.._.�...._..w._.._..www...._-._....,_._Mw,_..._�.,....,,�....._..._._....µ.,,w._.M....._.....PRI NCI PAL.
LL Bonding(
"` � , M �..
Mer_.... .. _�. ...,_....__.��._
of r°s Bo a i w(` om err utual)
Margaret Heasley Attorney-in-Fact
OATH OF OFFICE
STATE OF IOWA B1ackHawk County, ss.
I, MARY POTTER ....�._..._._....... Wrtµsolemnly swear that I will support the Constitution of the
United States and the Constitution of the State of Iowa, and that I will faithfully and impartially to the best of my
CY......_._.www__..._ __._............... __ Fuer required
duties of the office of Trustee
ability discharge the .X � ..--�- --, --�-------�- q by law. „
in _ of Waterloo as now or hire
Subscribed and sworn to before me this w day
Principal
tw__w.............. ww_........................._......... a _............_
Notary Public
PO 0103 IA (2/15) , ; fN, '� 14 Commission expires 3)t .�IJb_��
+^ee�
Page 99 of 200
i AN7' TS
NI _A"___Nk
ERC,
_Y_ ,-
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
both being corporations of the State of Iowa(herein collectively called the"Cornpanies")'do hereby make,constitute and appoint,individually,
Margaret Heasley
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Cornpanies, in their business of guaranteeing the fidelity,
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding,Inc.,on October 16,2015.
"the President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authorRy
to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
in connection with obligations In favor of the FIorida Department of Transportation only,it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and Construction
contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it Is agreed that the power and authority hereby given
to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation,
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of May 2018
OG
...... MERCHANTS BONDING COMPANY(MUTUAL)
CI ' 1f ;40
*..4* MERCHANT
oA- NATIONAL BONDING, INC.
2003 1933 By
s ident
STATE OF IOWA
COUNTY OF DALLAS ss.
On this this 1st day of May 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
�W%lt
i" "0 AL1151A
0 commission W�rnEN7430 r\
My Commission Expires
,rr1=_Zr ApOI1,2020
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby
certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked,
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of May 2018
C
0 4 %
A
t
Secretary
1933
2003
POA 0018 (3/17)
Page 100 of 200
CITY OF WATERLOO
Council Communication
Recommendation of appointment of Laura Winninger, from the Civil Service list, to the position of Clerk II,
Waste Management Department, effective July 23, 2018.
City Council Meeting:7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
/nsle Ma,i na ernenmd tlownbrrea:Vicer, Steven Approved 6/26/.2018 ... -49 PM
(' erk Office, T�a m.,,y Approved (5/27/2018 ... 9:�5 AM
ATTACHMENTS:
Description Type
tion°u-sunrnnnu,i Rco:ptuwuitllo n Fornnm Covet Memo
t..,auurra 'immninm�,pcn p nnnutmnnn Covc.rMnrnno
Memnon to eats:°flans° Mayor arnd City Couuncip (::`over Mernno
Recommendation of appointment of Laura Winningerfrom the Civil Service
SUBJECT: list, to the position of Clerk II, Waste Management Department; effective
July 23, 2018.
Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director
Recommended Action: Request approval of appointment.
Summary Statement: The Human Resources Committee approved filling this position at their
June 1, 2018 meeting.
Expenditure Required: $ 46,956.00 plus benefits.
Source of Funds: Sewer funds
Page 101 of 200
RS Via; .
I E Y 12018
`hec ,as applicable: [ To start recruiting or civil service process and/or To fill a vacancy
Active Civil. Service List Expires: ..____.____
r° used ,job description and questionnaire must accompany this form at time of submission to
rrm, Resources.
Position"ride Clerk _ .....__. _.. Department: Waste IvlExnagement `services .._ ......_.
Reports To: St e ve_I-loambrec ker WMS Director .____.. Work t.,ocation: 3505 Easton ....._..._ _..__._
I rra loyz7 cr t ` latci,:
Regular I�rr111ime [� 'f"ernperrazv 1 ull I'irne frcrrn _..._._ .� to ...............
L] Regular Part Titre El '�I",ernpora.ry fart`fime from _........._ t;o _...._
EJ Regular 7-Month 0 Intern/Co-op Student from . to _
l"ypc of E'c sltJ-on Recornmended Recruitment_Sources:
Civil Service on:
M Yes O `No El Internal Posting Only
Bargaining Position: 0 Yes L1 No El Internal Posting and External Advertising
Bargaining Group: ,_138
Non-bargaining Position: El Yes 0 No
Complete the following if the requisition is to fill a vacancy:
❑ New Position or M Replacement Position for..__Carrie..Lewwis-Cler_r_k yl,.__
(Specily narne and title of"fonner incumbent)
If replacement,former incumbent: [� Retire d/Designed/Terminated ❑ T"ransl`erred � Promoted
Date incumbent terminated employrnent: ............__ ___ Date of final payout; .._..___......._.
Anticipated start date: 05/15/18 No. of hours/week: 40 Work schedule 7a._rri 4p,m..
Justification of need 'or position: 'the Clerk It positron is vacant,due to a.promotion effective May 1.5, 2018.The
Clerk II position will provide clerical assistance to the CIvIC)M and also other duties as assigned.
What are the likely consequences if the position is not filled?
APPROVAL
Anti Lia.I salary requirements: $45,718.00 1lourly Rate: $ 1_.98 Benefits: ,_..
(Payroll taxes,Pension,kt�trlSh ins.-assuming('aarrrilY,)
Is position budgeted for this and future I°Ys: Yes No If`no,hove will position be funded
Approved subject to the following conditions: .
, P
Date
��lUS '� !'4'� � w e f. 5 r 4,''� r�i .r.�/•�._.,_fir .�.. .C.. f _.._..____...
hrnrtting Det arth;rtt t eifcl Cate Mayor , tfcz
C;hieEril arrcirrt C)tr'icer Ilrrnran lie orrice t irecicrr Date
d"V111
lraairran
—Re"S"
soil tate
C:;reated6/3CCO17 Page 102 of 200
CLERK II
DEPARTMENT CLERK' OFFICE WASTE MGMT
SALARY $21.98
FLSA NON-EXEMPT
CIVIL SERVICE INCLUDED
BARGAINING UNIT TEAMSTERS LOCAL#238
GENERAL STATEMENT OF DUTIES
Staff support position responsible for performing a variety of difficult clerical tasks within one of the above
departments requiring the use of independent judgement. The work is performed under the general direction of a
department head or designee. May direct the work of lower level clerical or temporary employees.
EXAMPLES OF ESSENTIAL FUNCTIONS 9. May interpret technical data, review materials
(Illustrative Only on a variety of projects and present facts and
These functions are considered essential for findings clearly and concisely to a supervisor,
successful performance in this job classification. coworkers, City officials and the public.
1. Performs data entry, types correspondence, 10. May prepare written reports, complete forms
reports and statistical data. and keep files up-to-date.
2. Collects and compiles statistical data 11. Communicates with the public, City officials
manually and through the use of a and coworkers by telephone and in person.
computerized system.
12. Works under strict time constraints and
3. Greets the public and answers incoming stressful conditions.
department phone calls as needed and
provides information based on knowledge of 13. Works independently and with others with
department and City policies, regulations and limited supervision.
procedures or directs call to proper person.
14. Attends work regularly at the designated
4. Performs minor bookkeeping and financial place and time.
record keeping.
15. Performs all work duties and activities in
5. Collects fees and revenues, prepares receipts accordance with City, department and OSHA
and maintains records of revenue/expense policies, procedures and safety rules.
transactions.
16. Performs other duties as assigned by a
6. May schedule and assign tasks to subordinate supervisor or designee.
clerks and review their work for accuracy.
REQUIRED KNOWLEDGE &ABILITIES
7. May prepare and input payroll data and other 1. Knowledge of Microsoft Office software, in
financial information. particular Word and Excel (testing of skills
will be done).
8. May perform accounts receivable, accounts
payable or banking functions. 2. Thorough knowledge of clerical functions,
office procedures,terminology and equipment
8. Operates personal computer, typewriter, including personal computer.
calculator, fax machine and other general
office equipment. 3. Ability to type fifty(50) words per minute net
of errors (verification of typing speed
Page 103 of 200
required). Microsoft Office software (verification of
skills through testing arranged by the City of
4. Ability to perform general office services, Waterloo Human Resources Office).
learn specialized computer software, develop
computer-generated reports and keep ESSENTIAL PHYSICAL ABILITIES
accurate,thorough and updated records. The following physical abilities are required with or
without accommodation.
5. Ability to collect, analyze and present data
from computerized reports in organized and 1. Sufficient speech and hearing that permits the
understandable form. employee to communicate effectively with
supervisors, other employees and the public
6. Ability to answer questions and provide in person or by telephone.
information to the public in person and over
the telephone in a clear, concise and easily 2. Sufficient vision and manual dexterity that
understandable manner. permits the employee to operate a personal
computer and other standard office
7. Ability to write legibly, prioritize work, equipment, handle files, perform customer
produce a quality work product within strict sei vice duties and other clerical
time lines and handle multiple tasks. responsibilities.
8. Ability to work independently and with others 3. Sufficient personal mobility that permits the
with minimum supervision and to direct the employee to move from one work area to
work of other employees. another.
9. Ability to exercise independent judgment MISCELLANEOUS
and to make decisions based on department 1. The City of Waterloo will conduct a
policies, City ordinances and established background investigation including a review
regulations. of past employers and references.
10. Ability to establish and maintain effective 2. Required to submit to and pass Civil Service
working relationships with supervisors, written and oral examinations, as specified in
coworkers and the public. job notice.
11. Ability to work with people from a broad 3. If position is filled as a promotional
variety of social, economic, racial, ethnic and appointment, any regular employee who
educational backgrounds. meets the minimum qualifications is eligible
to apply for the position.
ACCEPTABLE EXPERIENCE & TRAINING
1. High school graduate/GED with minimum WORK SCHEDULE
one year business clerical, secretarial, Generally 7:00 a.m. to 4:00 p.m. Monday through
bookkeeping or other closely related Friday with one hour unpaid lunch, although hours
experience in an office setting; prefer may vary depending on department, with earliest
additional education beyond high school in starting time 7:00 a.m. The City of Waterloo reserves
business clerical, accounting or closely the right to change these hours within the guidelines
related field. of the Teamsters contract. Occasional overtime.
OR
Any equivalent combination of experience
and education that provides the knowledge,
skills and abilities necessary to perform the
work. CLERK II DESCRIPTION 15 July 2015
2. Skilled in use of personal computer and
Page 104 of 200
LAURA WINNINGER 709 Campbell Avenue, Waterloo, IA 50701
LauraWinninger@gmaii.com - SS#481-04-3140- Cellular 319.493,0484
Summary
Customer service professional adept at working in fast-paced environments demanding strong
organizational, leadership and interpersonal skills. Committed to exceptional customer service and driven b
challenges. Detail-oriented and resourceful in spearheading, organizing and completing projects; ability to
multitask effectively. Qualifications include:
* Positive Relationship and Team Building Problem solving
* Budgeting and General Accounting Microsoft Office and Accounting Tools
Special Project Management Confidential Correspondence and Data
Written and Verbal Communication Proofreading: Efficient, accurate, and detail-
oriented.
Experience
Black Hawk County, Waterloo, IA 2012 to Present
911 DispatchlConsolidated Communications
Highly focused and dependable 911 Dispatcher with a superb record of emergency management customer
service.Adept in muffitasking and prioritizing in a high pressure work environment Excellent communicator
in crisis situations for a wide variety of diverse populations,
Dispatched calls to police, fire and ambulance departments as appropriate.
Coordinate and monitor emergency response activity.
Ensure security and confidentiality of all incident logs and equipment.
Calm angry and distressed callers in difficult or emergency situations.
Assist emergency responders and security staff as required.
Garris Robert Realtors, Waterloo, IA 2011 to Present
Realtor
Meet with prospective sellers, advise on pricing and staging, develop advertising strategies, host open
houses and tours, and manage all transaction procedures. Introduce prospective buyers to the community
and its neighborhoods, showed potential homes, counsel on bids and responses to counters, and manage
purchase procedures.
Maintained relationships with senior client business leaders to identify real estate solutions in keeping
with long-term business unit and corporate business strategies
Coordinated with attorneys, home inspectors, lenders, and title companies, to assure efficient closings
BenjaminX Toys, LLC, Waterloo, IA 2008 to 2012
Regional Retail Manager
Managed 6 different retail locations including seasonal Calendar stores. Completed all facets of retail store
management including client relations, hiring, training, scheduling, visual merchandising, sales, marketing,
inventory control, employee supervision,
Supervised 18 store employees while managing employee performance evaluations and incentive
programs to increase employee productivity.
Maintained strong relationships with mall management, general public, as well as buyers, neighboring
store owners, and wholesale managers
Page 105 of 200
Century 21 LSB Real Estate, Cedar Falls, A 2009 to 2011
Office ManagerlRealtor
Key accountabilities included administrative functions (activity reports, ad-hoc reports, expense reports,
confidential correspondence, presentation development, and scheduling/calendar maintenance) combined
with event planning and coordination, conference-call scheduling, meeting planning, promotional events, an
collaterakmaterial preparations).
• Directly reported to Vice President; oversaw projects and progression, prepared job costing, reports,
materials, and updated files; implemented new forms providing better efficiency and accuracy, clearing 9
month backlog within 6 weeks; accountable for new software installation, set up, and maintenance of
user profiles.
• Typed and distributed highly confidential documentation, correspondence and relevant reports, including
site-meeting minutes
Prudential One Realty Centre, Waterloo, IA 2004 to 2009
Realtor
Met with prospective sellers, advised on pricing and staging, developed advertising strategy, hosted open
houses and tours, and managed all transaction procedures. Introduced prospective buyers to the communi
and its neighborhoods, showed potential homes, counseled on bids and responses to counters, and
managed purchase procedures.
GMAC Mortgage, Waterloo, IA 2.001 to 2004
Customer Service Representative
Performed all aspects of customer support, including answering telephones, coordinating special
promotions, and providing details for products and services.
Assisted customers with service to mortgages.
• Achieved Customer Care award for Quality Customer Service
• Achieved top 10 Customer Care Representative in 3 months.
Mesaba Airlines, Waterloo, IA/Moline, IL 1992 to 2001
OperationslCustomer Service Manager
Managed operations and customer services for airline while keeping official corporate records and executin
administrative policies,
• Coordinated activities of passenger reservations, ticketing, passenger and ramp operations, cargo and
aircraft dispatching to ensure operations met company and government regulations,
• Consistently met or exceeded profitability margin by maintaining a$240,000 per year division budget.
• Achieved"Best Overall Facility"award for performance and cost operations 2 consecutive periods in
2000.
Education
AIC, Davenport, IA 1991
Diploma, Travel and Tourisn7lAccoonting
Affiliations
National Association of Realtors, 2004
Waterloo/Cedar Falls Board of Realtors, 2004
Licenses
Real Estate Professional Sales License, 2004
State of Iowa, Notary Public, 2004
Page 106 of 200
tNTY OF WATERLOO, 1 Ct'1N111'A
WASTE MANAGEMENT SERVICES DEPARTMENT
3505 Easton Ave. . Waterloo, IA 50702 - (319) 291-4553
Steve Hoambrecker, director
Jure 26, 2018
Menlo to Waterloo Mayor and Cit Coun i
Y Y
R6: Resolution, approving hiring Laura Winninger, Clerk 11, Waste Management
Services
Background Discussion
The Clerk 11 position is a budgeted position. This is an essential clerical position (one of two) in
the Waste Management Services Department. A vacancy occurred when Carrie Lewis was
promoted to the CMOM Technician position in May 2018. The city personnel requisition
committee approved filling the position on June 1, 2018. There was an existing Civil Service list
with six names to choose from. The top two candidates were interviewed and it was felt that
Laura Winninger was the best candidate to fill the position.
Recommended Action
It is recommended that the city council approve the associated resolution to approve the
appointment of Laura Winninger for the Clerk 11 position in Waste Management Services
Department,
Page 107 of 200
CITY OF WATERLOO
Council Communication
Bonds.
City Council Meeting:7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
1^c:g dmnee6iigg i p g,[.)y, N ammaay A.pproved 6/27/2018 ... 11-50 AM
ATTACHMENTS:
Description Type
❑ 1:3orids for cotu-: fl aaplprovaap 7.2.1 13aac.kup:r l a t eilaap
SUBJECT: Bonds.
Page 108 of 200
BONDS FOR COUNCIL APPROVAL
July 2, 2018
RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00
IA5131494 JOHNNY B'S CONSTRUCTION, INC. WATERLOO, IA
7900469628 JQ CONSTRUCTION LLC CEDAR FALLS, IA
7900452200 MICHAEL HUFF CONSTRUCTION CEDAR FALLS, IA
Page 109 of 200
CITY OF WATERLOO
Council Communication
Resolution approving Otto Schoitz Foundation Grant Application in the amount of$200,000 for the Lincoln
Park Improvements Project.
City Council Meeting:7/2/2018
Prepared: 6/25/2018
REVIEWERS:
Department Reviewer Action Date
1 eusu:rre Services 1puutnnng, Paul Approved 6/26/.2018 ... 1.08 PM
(Ierk. Office Even, l.,eAni) Approved (5/27/:1018 ... n41 AM
ATTACHMENTS:
Description Type
11u fioi z l m.irrula darn 1..,111 Covet Menlo
SUBJECT: Resolution approving Otto Schoitz Foundation Grant Application in the
amount of$200,000 for the Lincoln Park Improvements Project.
Submitted by: Submitted By: Paul Huting; Leisure Services Director
Recommended Action: Recommend Approval
A conceptual plan for improvements to Lincoln Park has been developed by
Ritland-Kuiper Landscape Architects. Elements of the plan include removing
Summary Statement: deteriorated concrete/stone work, installing new wider decorative walkways,
new signage, seating, lighting, and electrical improvements. A letter of interest
is attached for your review.
Funding for the plan was provided by McElroy Trust and the Waterloo
Community Foundation. Cost of construction for the project is preliminarily
estimated at$1,000,000. Additionally, McElroy Trust has awarded a grant of
Expenditure Required: $125,000 for project construction. Grants applications will be submitted to
Black Hawk County Gaming Association, Max and Helen Guernsey
Foundation, Otto Shoitz Foundation among other potential sources. City
funds of up to $40,000 would be designated for the project.
Source of Funds: Leisure Services Capital Improvement Program funds(General Obligation
Bonds).
This project supports the City of Waterloo's strategic Plan, Strategy 1.7:
Policy Issue: Seel-,ways to create a "live, learn, work and play" enviroment with amentities
that attract and retain population in Waterloo and Strategy 4.5: Maintain and
develop community services and facilities that support quality of place.
Lincoln Park was established in 1854 as a downtown gathering place, and
remains as one of Waterloo's busiest pari-,s hosting scores of events annually.
Page 110 of 200
The park has not seen major improvements in over 30 years and it is in need
Background Information: of a comprehensive "facelift". Many stakeholders have been involved in a
series of planning meetings, with a public informational open house held
at 5:30pm May 8, 2018 at the Cedar Valley SportsPlex. Council
members have been sent a link to a video tape of this meeting.
Page 111 of 200
L01 - Grant Lifecycle Manager Page 1 of 5
LO1
Lincoln Park Improvements Project
Process: Fall Competitive Grant - 2018
Contact Info Request
Applicant:
Mr. Mark Joseph Gallagher
mark.gallagher@waterloo-ia.org
319-291-0165
300 Jefferson
Waterloo, IA 50701 United States Contact Email History
Organization:
City of Waterloo/Leisure Services
42-6005327
319-291-0165
300 Jefferson
Waterloo, IA 50701 United States
(> If your organization information does not appear correct, please contact the funder. Thank
you.
LOI ® LOI Packet ® Question List
Fields w#h an asterisk {*) are required
v Overview Fall 2018 Grant Cycle
Thank you for your interest in applying for funding from the Otto Scholtz Foundation. As you
know, the Otto Schoitz Foundation desires to improve the health and wellbeing of the Cedar
Valley. Your request should demonstrate how funds would help achieve this goal. The first step
in the application process is to complete and submit the tetter of Inquiry (1-01), which is the form
that follows below, no later than July 11, 2018.
Guiding Principles*
Please indicate if you have read and understand the Otto Schoitz Foundation's Guiding
Principles and Approach. The Guiding Principles and Approach will give you deeper insight into
Pa e 112 of 200
https://www.grantinterface.com/Request/Submission/LOI?request=3699716 6/5/2018
J LOI - Grant Lifecycle Manager Page 2 of 5
I'
the type of projects the Foundation is interested in funding. Preference is towards:
• projects changing individuals and communities
• meeting the needs of the vulnerable
• addressing root or primary causes
0
u ideas with evidence of success and impact
o impacting Waterloo, because of the greater needs
• demonstrating a shared funding approach
Yes
No
v Organizational Information
Organizational Purpose*
Briefly describe the purpose of your organization.
The City of Waterloo Leisure Services Commission is dedicated to improving the quality of A
life for all citizens by providing the best possible recreational activities, special events,
facilities, and services that encourage lifelong learning, fitness and fun. The Commission
strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf
courses, recreational trails, and a healthy urban forest resource.
1,066 characters left of 1,500
Organizational Structure*
Please identify your organizational structure.
501 c3 as designated by the IRS
,- Governmental entity, such as municipality (or department thereof) or school district
Competitive Organization*
Are you an organization or affiliated with an organization that competes with Wheaton
Franciscan Healthcare and/or Mercy Health Network or any of their affiliates? If so, answer Yes
and do not complete this application. This restriction on competition applies to the grant funds
absolutely. The restriction on competition applies to fiscal agents and fiscal sponsors and their
associates even if, for example, the fiscal agent or sponsor does not necessarily directly
compete against Wheaton Franciscan Healthcare and/or Mercy Health Network, or their
affiliates. Grants will not be awarded for projects determined by the Otto Scholtz Foundation, in
its sole discretion, to compete, or to appear to compete, with Wheaton Franciscan Healthcare
and/or Mercy Health Network, or their affiliates.
Yes
No
Pa e 113 of 200
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LOl - Grant Lifecycle Manager Page 3 of 5
Project Information
u
Project Title*
Lincoln Park Improvements Project
i
Type of Request'
To assist in making the choice for type of request we use the following as general definitions
for each category
• Capacity building—funds for initiatives that improve the grant-seeker's effectiveness, in
terms of organizational and financial stability, program quality, and growth — such as
professional development for the grant-seeker's staff/board members or opportunities for
peer learning, networking or leadership development.
• Capital—funds to acquire long-term assets such as land, building and/or major equipment;
major renovations and/or construction projects.
• Operating—funds to support the organization's overall activities and mission, including
administrative expenses and overhead.
• Programmatic—funds for specific project or activity tied to project-based outcomes; typically
involves services that directly touch the grant-seeker's clients.
Capacity Building
Capital
Operating Support
;= Programmatic Support
Community Need Being Addressed*
Please describe the community need/issue being addressed by the proposed project
Lincoln Park is an important community-wide gathering place in need of renovations. A
wide variety of youth programs, festivals, religious and political gatherings, and other
events are held every year in Lincoln Park. It also serves as a place to relax and enjoy the
outdoors within our busy downtown district. This is one of Waterloo's busiest parks, often
featured in news stories by the nearby television station. Lincoln Park literally represents
2 characters left of 1,000
Project Description*
Briefly describe the project.
This project is about improving facilities and grounds at Lincoln Park in downtown
Waterloo. Lincoln Park was established in 1854 as a primary downtown recreation and
gathering place. This park continues to be one of the busiest parks in Waterloo and it is
home to major festivals and many other events and programs. Lincoln Park is used for a
variety of youth-oriented programs by entities including YWCA, Boys/Girls Club, Eye of
Page 114 of 200
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L01 - Grant Lifecycle Manager Page 4 of 5
3:
517 characters left of 1,500
S
Project goals and/or expected outcomes*
Please describe the project's top goals and/or expected outcomes. What results do you expect
to achieve?
i
9
The overriding goal of this project is to transform Waterloo's aging and worn Lincoln Park
into a place Waterloo residents and visitors can enjoy and take great pride in. Plans call
for the installation new benches, decorative lighting, signage, electrical and plumbing
improvements, improved walkways, and interactive features for youth. Following is a link
to our recent public meeting showing these proposed elements in more detail:
414 characters left of 1,000
Targeted population`
Describe the targeted population this project is intended to impact.
This project is targeted to benefit all residents of Waterloo and those working in and
visiting Downtown Waterloo. it will positively impact those participating in youth programs
and the many events hosted in Lincoln Park. Residents in the nearby Walnut
Neighborhood district will benefit from the proposed Lincoln Park Improvements Project.
This will serve to enhance the impacts of housing renovations and improvements such as
1Frcharacters left of 500T„,(.m_wy7s..., y,,. .uY�v$�
U Financial Information
Project Budget*
Please indicate the proposed project budget
$ 995,000
OSF Requested funds*
Please indicate the total dollar amount you are requesting from the Otto Schoitz Foundation
$ 200,000
Use of Funds*
Please describe how the funds you are requesting will be used.
Pgge 115 of 200
https://www.grantinterface.conn/Request/Submissioi,i/LOI?request=3699716 6795/201$
LOI - Grant Lifecycle Manager Page 5 of 5
Otto Schoitz Foundation funds will be used along with funds from multiple other area funders
to construct improved facilities in Lincoln Park as outlined in the goals and outcomes
description above.
52 characters left of 250
Electronic Signature
Please note: by entering your information and selecting "I agree", you are:
u
1. Certifying, to the best of your knowledge, all information included in this Letter of Inquiry is
complete and accurate;
2. And agreeing that your insertion of information in the following fields constitutes an electronic
signature.
Confirmation*
agree
Date*
06/25/2018
Name of Individual Submitting LOI*
Paul Huting
Title of Individual Submitting LOI*
Leisure Services Director, City of Waterloo
Once complete, you must submit the LOI; you will receive an automated email stating the LOI
has been successfully submitted.
IMPORTANT: The Otto Schoitz Foundation utilizes the online grants management system to
generate email communication from the email address administrator@grantinterface.com. As
this communication is important to your application, please ensure this address is not blocked
or filtered by your email service. Further, do not send correspondence to this email address - it
is not established to receive incoming messages.
... ... .... .
Page 116 of 200
https://www.grantinterface.com/Request/Submission/LOI?request=3699716 6/25/2018
CITY OF WATERLOO
Council Communication
Resolution approving installation of two (2) 25 MPH speed humps in the 3800 and 3900 blocks of Memory
Lane.
City Council Meeting:7/2/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
"fi-@frfrnc Om-alnons i^"vei, Approved 6/27/.'018 ... 9.46 AM
SUBJECT: Resolution approving installation of two (2) 25 MPH speed humps in the
3800 and 3900 blocks of Memory Lane.
Submitted by: Submitted By: Sandie Greco, Interim Public Works Director
Recommended Action: Approve Resolution
Two (2) Speed Humps are proposed to be installed upon approval- one (1)
Summary Statement: 125 ft. north of Carnation Drive and one (1) 240 ft. south of US 218 with
115 ft. of a no parking zone on each side of the speed humps.
Speed Humps will be installed by the Street Department.
Expenditure Required: Approximately $600.00 each for materials.
Source of Funds: Road Use Tax
Policy Issue: Strategy 2.2: Enlist all City department and staff members in efforts to
promote a safer community.
A speed hump petition was signed by the neighborhood residents. Memory
Lane was investigated. Speed data was conducted from 9/13/17 thru 9/19/17
Background Information: and resulted in the 85th percentile driving approximately 10 miles over the
speed limit. There were two (2) cased crashes and evidence of numerous
instances of a vehicle leaving the roadway on the curves.
Page 117 of 200
CITY OF WATERLOO
Council Communication
Resolution accepting the award of a $500 Certified Local Government Grant from the Department of Cultural
Affairs for attendance at the 2018 National Alliance of Historic Preservation Commissions Conference on July
18, 2018 through July 22, 2018 in Des Moines, Iowa, and authorize the Mayor and City Clerk to execute said
documents.
City Council Meeting:7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
Ppntin tln ng& zonnnr'Ig Scll roederr, A.dc Re'jectcd 6/26/2018 ... 4.05 PM
PlaimpIg,& zonnnnIg I)oniofi; Joinrn Approved 6/26/2018 ... 4:07 PM
Ph,.i mprng& Zonnpnig S61-nrnne&-, : me Approved 6/27/2018 ... 9:46 AM
("IIcn 11< O iwe Eve:-n, 1.c rncnn A.pproved 6/27/2018 ... 110.02 CSM
ATTACHMENTS:
Description Type
(iii:aunt .p.T. e°m'erpt ('..'o e.r Me-n-i;r
Resolution accepting the award of a$500 Certified Local Government Grant
from the Department of Cultural Affairs for attendance at the 2018 National
SUBJECT: Alliance of Historic Preservation Commissions Conference on July 18, 2018
through July 22, 2018 in Des Moines, Iowa, and authorize the Mayor and
City Clerk to execute said documents.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: approval
The National Alliance of Preservation Commissions is holding its bi-annual
Summary Statement: meeting in Des Moines in 2018. This grant will allow the staff person for the
Historic Preservation Commission to attend the meeting and learn valuable
information on Historic Preservation.
Expenditure Required: Match funds of not to exceed $723 cash and $832 In-Kind Labor
Source of Funds: Certified Local Government Grant from the State Historical Society of Iowa
Department of Cultural Affairs, travel budget, and in-kind labor match.
Policy Issue: Historic Preservation
Page 118 of 200
Contract No. 2017-S10
STATE HISTORICAL SOCIETY OF IOWA
GRANT-IN-AID AGREEMENT FOR:
Waterloo,Iowa
Certified Local Government Grant Project
This agreement is made and entered into by and between Waterloo, hereinafter referred to as the
RECIPIENT,and the STATE HISTORICAL SOCIETY OF IOWA, hereinafter referred to as the STATE;
WITNESSETH THAT:
WHEREAS,the STATE, is interested in broadening the role of local governments in historic preservation
through the Certified Local Government program;and
WHEREAS,the STATE, in accordance with the National Historic Preservation Amendments of 1980, is
providing 10%of its annual federal Historic Preservation Fund appropriation to Certified Local
Governments; and
WHEREAS,the RECIPIENT has demonstrated its interest in historic preservation by becoming a Certified
Local Government, and desires to complete preservation training at the FORUM 2018 in Des Moines.
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
1. That the RECIPIENT is qualified to complete the attached Scope of Work(Exhibit A);
2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management;
3. That the RECIPIENT provide a permanent copy of financial records suitable for State and Federal
audit as directed under the Single Audit Act of 1984, P.L.98-502, if required;
4. That the STATE provide for only project costs eligible under provisions stipulated by the National
Park Service, U.S. Department of the Interior for grants-in-aid. Project work which does not meet
Secretary of the Interior's Standards will not be reimbursed for under this contract;
5. That the STATE monitor the project and provide input as called for in the attached Scope of
Work(Exhibit A);
6. That the Recipient and the STATE mutually agree that if,during the duration of the contract, it is
deemed necessary by either party to make alterations to or amendments to this Agreement,such
changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the
date of the amendment unless otherwise specified within the amendment;
7. Termination
a.Termination for Cause-The STATE or the RECIPIENT may terminate this Contract in whole or in part,
at any time before the date of completion,whenever it is determined that the other party has failed to
comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the other
party in writing of the determination and the reasons for the termination,together with the effective
date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date,
and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the
RECIPIENTfor no-cancelable obligations up to the amount of, if said obligations are properly incurred by
the RECIPIENT prior to termination. The STATE shall terminate the contract if it determines that the
RECIPIENT is not following cost eligibility as outlined in the Secretary of the Interior Standards,36 CFR;
OMB Circular A-87;and OMB Circular A-102.
1
Page 119 of 200
b.Termination for Convenience-The STATE and the RECIPIENT may terminate this Contract in whole or
in part,when both parties agree that the continuation of the project would not produce beneficial
results commensurate with the future expenditure of funds. The two parties shall agree upon the
termination conditions, including the effect date and, in the case of partial termination,the portion to
be terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the
effective date,and shall cancel as many outstanding obligations as possible. The STATE shall allow full
credit to the RECIPIENT for non-cancelable obligations up to the amount of award, if said obligations are
properly incurred by the RECIPIENT prior to termination.
c. Termination due to Non-Appropriation -Notwithstanding any other provisions of this Contract, if
funds anticipated for the continued fulfillment of the Contract are at any time not forthcoming or
insufficient, either through the failure of the Federal Government or of the State of Iowa to appropriate
funds or discontinuance or material alteration of the program under which funds were provided,then
the STATE shall have the right to terminate this Contract without penalty by giving not less than thirty
(30)days written notice documenting the lack of funding,discontinuance or program alteration. Unless
otherwise agreed to by the parties,the Contract shall become null and void on the last day of the fiscal
year for which appropriations were received,except that if an appropriation to cover the costs of this
Contract becomes available within sixty(60)days subsequent to termination under this clause,the
STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions,terms
and conditions as the original award. In the event of termination of this Contract due to non-
appropriation,the exclusive,sole and complete remedy of the RECIPIENT shall be payment for service
completed prior to termination.
8. That the STATE agrees to pay the project eligible costs under the terms of this Agreement;
9. That the RECIPIENT and the STATE mutually agree to abide by the general and specific
conditions attached hereto in Exhibit A;
10. That the RECIPIENT and the STATE mutually agree that all work performed under this contract
will be completed by August 31, 2018;
11. That the RECIPIENT and the STATE mutually agree that the cost of this contract shall be
$500.00. All eligible costs necessary to carry out the project shall be initially advanced by the RECIPIENT
and then the STATE shall reimburse the RECIPIENT for$500.00, upon receipt of products as specified in
the Scope of Work. The agreement will end on August 31, 2018. The final bill must be submitted with
the final report by August 31, 2018.
12. Expenditures are to be according to the Budget submitted as part of the grant application.
Adjustments between budget categories are permissible following written mutual consent between the
RECIPIENT and the STATE;
13. The RECIPIENT will faithfully comply with all applicable Federal and State laws, regulations and
guidelines, including the Secretary of the Interior's Standards and Guidelines for Archaeology and
Historic Preservation as published in the Federal Register on September 29, 1983;
14. The RECIPIENT shall hold the STATE and federal government harmless from damages in any
action arising from the performance of work described herein.
IN WITNESS WHEREOF,the parties hereto have executed this contract on the day and year last specified
below.
2
Page 120 of 200
RECIPIENT
Quentin M. Hart, Mayor,City of Waterloo
Date
STATE
Steve King, Deputy State Historic Preservation Officer,State of Iowa
Date
3
Page 121 of 200
EXHIBIT A
SCOPE OF WORK
The Waterloo CLG will send staff member John Dornoff to FORUM 2018 which will be held July 18-22,
2018 in Des Moines, Iowa. Attendee will commit to attending at least two full days at the conference.
Following the conference,the attendee will send in a single one-page report summarizing commission
and staff experience. The conference attendees are strongly encouraged to share their learning
experience with the rest of the historic preservation commission.
Following the conference the recipient will submit a request for reimbursement. The request for
reimbursement will document the allowable expenses and required in-kind and/or cash match.
The report and request for reimbursement must be submitted no later than August 31, 2018 to Paula
Mohr,State Historical Society of Iowa, New Historical Building,600 East Locust, Des Moines, Iowa
50319-0290,(515)281-6826;paula.mohr@iowa.gov.
In the event that one of the above named individual is not able to attend the conference,the RECIPIENT
may designate a substitute provided that person is currently on the historic preservation commission or
is a county staff member who works with the historic preservation commission. It is the responsibility of
the RECIPIENT to notify Paula Mohr, CLG Coordinator of this substitution in writing and in advance and
to notify the conference organizers of the change.
BUDGET
Expense Detail Grant Request($) Cash Match ($) In-Kind Match ($) Total ($)
Registration 250 250
Wages 1101
Tours 250 30 280
Food 180 180
Hotel 436 436
4
Page 122 of 200
CITY OF WATERLOO
Council Communication
Resolution approving a request by CGA Engineering on behalf of 30 Something Real Estate, LLC, for the
preliminary plat of 10.02 acres for Magnolia Hills to allow for the development of a twelve(12) lot residential
subdivision, located adjacent to and northwest of 1900 Westchester Road.
City Council Meeting:7/2/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
1°paannnn'inIg& .wending Sdp roederr, A.ric Re'peeled ip/2`I/.2018 ... 10-56 AM
11 paannnnnni Zonnii'ig llybe roan, "p e in Approved 6/27/2018 ... 11.05 AM
1"paacnrnnnnnn & zoanir')g Scll roederr, Arc Approved 6/27/2018 ... 11-.08 AM
t`Ilerk () ince Evenm, 1-eA.nn Approved 6/27/2018 ... 11-.16 AM
ATTACHMENTS:
Description Type
Mai ,.,!poiia Ifippa City y (.:`namc.,up flacket t.:`m,er Mcr^ io
Eng. 1..(hter i'..'ove.r Mc.^nnao
Pi'elfiin.inaary ll:'iant i::`wer Men io
Resolution approving a request by CGA Engineering on behalf of 30
SUBJECT: Something Real Estate, LLC, for the preliminary plat of 10.02 acres for
Magnolia Hills to allow for the development of a twelve(12) lot residential
subdivision, located adjacent to and northwest of 1900 Westchester Road.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: The Planning and Zoning Commission unanimously recommended approval
of the Preliminary Plat request at their regular meeting on June 5, 2018.
Transmitted herewith is a request by CGA Engineering on behalf of 30
Something Real Estate, LLC, for the preliminary plat of 10.02 acres for
Magnolia Hills to allow for the development of 12 lot residential subdivision
is located adjacent to and northwest of 1900 Westchester Road. Included are
the following:
Summary Statement: • Staff report
• Aerial photograph
• Preliminary Plat
• Legal Description
• Report of City Engineer
Expenditure Required: None
Page 123 of 200
Source of Funds: N/A
Policy Issue: Land Use and Economic Development.
Alternative: N/A
Background Information: N/A
APART OF THE SOUTHWEST QUARTER OF SECTION NO. 5,
TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 750 FEET NORTHEASTERLY ALONG
THE CENTERLINE OF U.S. HIGHWAY NO. 63 FROM THE
SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION; THENCE
SOUTHEASTERLY AT A RIGHT ANGLE FROM SAID CENTER
LINE 863 FEET; THENCE SOUTHWESTERLY PARALLEL WITH
THE CENTER LINE OF SAID HIGHWAY 528 FEET; THENCE
NORTHWESTERLY AT A RIGHT ANGLE TO THE CENTER LINE
OF SAID HIGHWAY 863 FEET TO SAID CENTER LINE; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE 528 FEET TO
THE POINT OF BEGINNING.
EXCEPT THAT PART THEREOF CONVEYED TO THE CITY OF
WATERLOO IN 549 LD 164 AND TRACT C, A PART OF THIS
PLAT.
AND
THAT PART OF TRACT C IN WATERLOO COUNTRY CLUB
Legal Descriptions: ADDITION, WATERLOO, IOWA, BOUNDED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE
OF SAID TRACT C WHICH IS ON THE NORTHWESTERLY
EXTENSION OF THE NORTHEASTERLY LINE OF LOT NO. 111
IN SAID ADDITION, SAID POINT BEING THE POINT OF
TANGENCY FOR CURVE NUMBER 13 AS SHOWN ON THE
PLAT OF SAID ADDITION; THENCE NORTH 48 DEGREES 45
MINUTES EAST ALONG THE SOUTHEASTERLY LINE OF SAID
TRACT C A DISTANCE OF 162 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 41 DEGREES 15 MINUTES WEST
A DISTANCE OF 185.50 FEET MORE OR LESS TO THE
NORTHWESTERLY LINE OF SAID TRACT C; THENCE NORTH
48 DEGREES 45 MINUTES EAST ALONG SAID
NORTHWESTERLY LINEA DISTANCE OF 219.36 FEET MORE
OR LESS TO A POINT 8 FEET SOUTHWESTERLY OF AN
ANGLE POINT IN SAID TRACT C; THENCE SOUTH 2 DEGREES
47 MINUTES 40 SECONDS EAST A DISTANCE OF 236.94 FEET
MORE OR LESS TO THE SOUTHEASTERLY LINE OF SAID
TRACT C; THENCE SOUTHWESTERLY ALONG SAID
SOUTHEASTERLY LINEA DISTANCE OF 72 FEET TO THE
POINT OF BEGINNING.
Page 124 of 200
July 2,2018
REQUEST: Request by CGA Engineering on behalf of 30 Something Real
Estate, LLC, for the preliminary plat of 10.02 acres for Magnolia
Hills to allow for the development of 12 lot residential subdivision.
OWNER: 30 Something Real Estate, LLC, 3522 Augusta Circle, Waterloo, IA
50701
GENERAL The applicant is requesting a preliminary plat to allow for the
DESCRIPTION: development of 11 single family homes on 11 lots and 9 twin-
homes on one lot, adjacent to and northwest of 1900 Westchester
Road. The Planning and Zoning Commission unanimously
approved the Preliminary Plat request at their regular meeting on
June 5, 2018.
IMPACT ON The request for the preliminary plat would not appear to have a
NEIGHBORHOOD & negative impact upon the surrounding area. It would appear that
SURROUNDING the proposed residential uses would blend in well with the
LAND USE: surrounding neighborhood which consists of twin-homes,
apartments, condos, single family homes, and vacant land. The
average lot size for the 11 proposed single family residential lots is
23,681 SF. The size of the lot where the twin homes will be placed
is on 3.32 acres which is 144,619 SF or 8,034 SF per unit.
VEHICULAR & The proposed preliminary plat would appear to have minimal
PEDESTRIAN impact on the surrounding traffic conditions in the area. The
TRAFFIC proposed development would be served by Westchester Road
CONDITIONS: which is classified as a Local Street, and West 4th Street, which is
classified as a Principal Arterial. The development shall also be
served by newly constructed local roads such as Kimberly Lane,
and Kathy Jean Court. The Traffic Engineer has noted that trees
near the southerly intersection of Redbud Court and West 4th
Street will need to be removed to ensure adequate site distance at
the intersection.
RELATIONSHIP TO The proposed development is approximately 1,800 feet away from
RECREATIONAL the Sergeant Road Trail, but there are no current plans to link to
TRAIL PLAN: the trail at this point in time.
ZONING HISTORY The land has been zoned R-3 Multiple Residence District since
FOR SITE AND 1969 and the surrounding land uses and their zoning designations
IMMEDIATE VICINITY: are as follows:
North — Multi-Family and Condos, zoned "R-4" Multiple Residence
District.
South — Multi-Family and Condos, zoned "R-3" Multiple
Residence District.
East — Multi-Family and Condos, zoned "R-3" Multiple Residence
District and "R-4" Multiple Residence District.
West— Multi-Family, Condos, and Twin-Homes, zoned "R-3"
Multiple Residence District.
Magnolia Hills-Preliminary Plat P&gLF195 of 200
July 2,2018
DEVELOPMENT The surrounding area consists predominantly of multi-family
HISTORY: homes, twin-homes, condos, and vacant land. The majority of the
housing construction occurred during the 2000's and 2010's.
BUFFERS/ There are currently trees along the north, south, east, and west
SCREENING borders of the property. No buffering is required by ordinance
REQUIRED: standards.
DRAINAGE: The preliminary plat denotes a 31,363 SF storm water
detention/retention area known as Tract A on the southeast side of
the proposed preliminary plat, and storm water drainage
easements labeled in the rear yards for various lots.
FLOODPLAIN: The majority of the preliminary plat area in question is not located
within a Special Flood Hazard Area as identified in the Federal
Insurance Administration's Flood Insurance Rate Map Community
Number 190031 and Panel Number 0284F, dated July 18, 2011.
However, Tract A Storm Water Management Area is in the 100-
year floodplain, but none of the proposed single family or twin
homes are location in a special flood hazard area.
PUBLIC /OPEN Hoover Middle School is located 1.61 miles east of the proposed
SPACES/ SCHOOLS: development. The project area is also served by Orange
Elementary School and West High.
UTILITIES: WATER, There is an existing 8" to 10" sanitary sewer main, 8" water main,
SANITARY SEWER, and 18" storm sewer with 4" to 6" drain tile located underneath
STORM SEWER, ETC: Westchester Road. In addition there is an existing12" water main,
8" sanitary sewer main, and 18" storm sewer with 4" drain tile
located under West 4t" Street. New water and sewer mains are
proposed underneath or along Azalea Drive and Redbud Court.
RELATIONSHIP TO The proposed development is in conformance with the Future
COMPREHENSIVE Land Use Map which designates this area as Low Density
LAND USE PLAN: Residential. The area is also noted as a Primary Growth Area
within the Comprehensive Land Use Plan.
STAFF ANALYSIS — The applicant is requesting a preliminary plat for 10.02 acres to
ZONING construct 11 single family homes and 9 twin homes as a part of
ORDINANCE: the Magnolia Hills Addition.
For the single family home lots the size of the lots range in size
from 13,068 SF to 32,234 SF, with an average lot size of 23,681
SF. Lot widths range from 67.5' to 221.85', and range from
129.35' to 283.69' deep. Each property shows a 20' setback from
the front and 20' or more for the rear property lines, and 5' on the
sides. These setbacks all meet the minimum requirements of the
"R-3" Multiple Residence District.
The lot size for the twin-home lot 12 is 144,619 SF for nine twin-
homes or 8,034 SF per unit. The area is zoned "R-3" Multiple
Residence District. Staff believes that the new residential
development will be compatible with and have a positive impact
Magnolia Hills-Preliminary Plat PQLF�Ybf of 200
July 2,2018
upon the surrounding neighborhood.
The preliminary plat shows some requirements such as: existing
STAFF topographic contours, legal description, property lines/dimensions,
RECOMMENDATION: building setback lines, date/north arrow, sizes of right of way, and
sizes of the proposed lots, street widths, water, sanitary sewer,
adjoining subdivisions, storm sewer locations, proposed contours,
telephone, electric, gas, street surfacing, sidewalk locations,
existing vegetation, street light locations, utility easements, and
street names.
Therefore, staff recommends that the request for the preliminary
plat in the "R-3" Multiple Residence District be approved for the
following reasons:
1. The proposed use would appear to have a positive impact
on the area by brining additional housing on vacant land
within a residential area.
2. The proposed development is within the density
requirements as set forth in the Zoning Ordinance for this
particular zoning district.
3. The proposed use would not appear to have a negative
impact on traffic and pedestrian conditions in the area.
And subject to the following condition(s):
1. That missing information will be submitted prior to the
preliminary plat being forwarded to the City Council for
approval.
Magnolia Hills-Preliminary Plat PQLF hfl of 200
City of Waterloo Planning, Programming and Zoning Commission
June 5, 2o18
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Preliminary Plat Request — NW or 1900 Westchester Road
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looking towards Westchester Road at southeast part of the property from
where single-family homes would be Westchester Road that will be used for
constructed. water detention purposes.
Page ?31 of 200
Preliminary Plat Request — NW or 1900 Westchester Road
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across from the proposed plat along Road from the area in question.
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existing residential development along at the area that will be platted and
Trent Land. developed for single-family residential.
Page �32 of 200
Aaron Mueller, PLS,Clapsaddle-Garber Associates Inc.,5106 Nordic Dr.,Cedar Falls, IA 50613,(319)266-0258
SURVEYOR'S CE ;'TIFIC1 TE
MAGNOLIA HILLS is a subdivision of the land described in Exhibit'A' attached hereto and made a part hereof.
For a more definite location and description, reference is made to a Final Plat dated June 14, 2018, attached hereto and
made a part hereof.
Said MAGNOLIA HILLS is divided into Twelve (12) numbered lots, numbered consecutively from One (1)through Twelve
(12), both inclusive. The number of each Lot is designated on the Final Plat by figures near the center of each Lot.
Tract'B', is designated as Public Street Right-of-Way for Kimberly Lane. This street is now being dedicated in fee simple
to the public. Street intersection radiuses are as shown on final plat with dimensions noted.
Dimensions of each lot, street widths, and distances from government lines and corners are shown in feet and decimals
thereof on said Final Plat.
Lot areas are provided pursuant to the provisions of Section 354.6, Paragraph 3, Code of Iowa in Exhibit"B", attached
hereto and made a part hereof.
A'/z" re-bar with a yellow plastic cap embossed with "MUELLER LS 21428" will be set at each point indicated by a small
circle, marked—o-on said plat by June 14, 2019.
Utility and storm water drainage easements are reserved along lot lines as shown on said Final Plat, and in widths noted.
I hereby certify that this Final Plat, Report and Land Description were prepared by me or under my direct personal
supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa
EXECUTED in Cedar Falls, Iowa this Fourteenth day of June, 2018
«« '«, Aron Mueller, PLS
AARON L.
Iowa License No. 21428
MUELLER License Renewal Date: December 31, 2018
21428
«
JOWA
Page X33 of 200
Exhibit "All
LEGAL DESCRIPTION
A PART OF THE SOUTHWEST QUARTER OF SECTION NO. 5,TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT 750 FEET NORTHEASTERLY ALONG THE CENTERLINE OF U.S. HIGHWAY NO. 63 FROM
THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE SOUTHEASTERLY AT A RIGHT ANGLE FROM SAID CENTER LINE 863 FEET;THENCE SOUTHWESTERLY PARALLEL
WITH THE CENTER LINE OF SAID HIGHWAY 528 FEET;THENCE NORTHWESTERLY AT A RIGHT ANGLE TO THE CENTER LINE
OF SAID HIGHWAY 863 FEET TO SAID CENTER LINE;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE 528 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART
THEREOF CONVEYED TO THE CITY OF WATERLOO IN 549 LD 164.
AND
THAT PART OF TRACT C IN WATERLOO COUNTRY CLUB ADDITION,WATERLOO, IOWA, BOUNDED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID TRACT C WHICH IS ON THE NORTHWESTERLY
EXTENSION OF THE NORTHEASTERLY LINE OF LOT NO. 111 IN SAID ADDITION,SAID POINT BEING THE POINT OF
TANGENCY FOR CURVE NUMBER 13 AS SHOWN ON THE PLAT OF SAID ADDITION;THENCE NORTH 48 DEGREES 45
MINUTES EAST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT C A DISTANCE OF 162 FEET TO THE POINT OF
BEGINNING;THENCE NORTH 41 DEGREES 15 MINUTES WEST A DISTANCE OF 185.50 FEET MORE OR LESS TO THE
NORTHWESTERLY LINE OF SAID TRACT C;THENCE NORTH 48 DEGREES 45 MINUTES EAST ALONG SAID NORTHWESTERLY
LINE A DISTANCE OF 219.36 FEET MORE OR LESS TO A POINT 8 FEET SOUTHWESTERLY OF AN ANGLE POINT IN SAID
TRACT C; THENCE SOUTH 2 DEGREES 47 MINUTES 40 SECONDS EAST A DISTANCE OF 236.94 FEET MORE OR LESS TO THE
SOUTHEASTERLY LINE OF SAID TRACT C; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF
72 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE NORTHEAST LINE OF MAGNOLIA HILLS BEARING SOUTH 42°02'42" EAST.
Page'P34 of 200
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CITY OF WATERLOO PLANNING AND ZONING COMMISSION
REQUEST FOR PLATTING (MINOR OR PRELIMINARY)
1. APPLICATION INFORMATION:
a. Applicant's Name (please print):
Address: a Phone:_
City: _ State:—( ,. 1
b. Status of Applicant: (a) Owner (b) Other-X—(CHECK.ONE): If other explain:
OWtKa of 30 &IM61141NAL r a m as
c. Property Owner's Name if different than above (please print):
_ 10 somenj1pt AVAL ESTATE
Address: ss22. X964: -.. Phone:
City: kftjA1MKj.00 State:.,t. p, zip: t
2. PROPERTY INFORMATION:
a. Nance of Plat: HWgt4QUA 1 4„
b. General Location of Property: ► V to _.. .... _Ft t l r
c. Area of Proposed Plat: to.G Ugg,4 ------------------ —
d. Zoning District(s): R.S
3. OTHER DOCUMENTATION:
a. Preliminary Deed of Dedication (prefered but not required)
b. Overall Street Plan(if applicable)
c. Six (G) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the
Subdivision Ord.
d. Four(4) copies of Preliminary Deed of Dedication
4. PUBLIC IMPROVEMENTS
a. Costs(estimated) for any public improvements:
Total l C s Estimate
Storm Sewer $
Sanitary Sewer $
Paving $
Land Dedicated $
TOTAL $
The Request Fee of $300 + $1.0 per lot (payable to the City of Waterloo) is required. This fee is non-
refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be
approved. Any major change in any of the information given will require that the request go back through the
process, with a new Request Fee, 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 Corrunission and the Waterloo City Council in
making t eisiirn. The undersigned authorize City Zoning Offici °nter the property in question
in re rds to t requ t
00
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nt ate tore- net to
Page'�36 of 200
CITY OF WATERLOOv IOWA
ENGINEERING DEPARTMENT
715 Mulborry St. P Waterloo, 1A 60703 * Phone (319)291-43,12 Fax(319)291-4262
City Engincer e email: city.engi i iccr@i waterloo-in,org
June 27, 2018
9131
9641
Aric Schroeder, City Planner
Planning, Programming & Zoning Commission
Waterloo City Hall
Waterloo, IA 50703
RE: PRELIMINARY PLAT
MAGNOLIA HILLS
Dear Aric,-
This preliminary plat has been reviewed, and it has been determined that it
meets the requirements of the applicable portions of Section 3, 4 and 5 of
Ordinance 2997, Subdivision Ordinance.
It is recommended that this preliminary plat be approved.
Since ly,
Dennis J Lentz, P.
Assistant City Engineer
1.
WE'RE WORIUNG FOR YOU Page 137 of 200
An EqUal OPPOrkinity/Affirmative Action Employer
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CITY OF WATERLOO
Council Communication
Resolution approving an agreement with the Chicago, Central and Pacific Railroad Company for the
reconstruction of the Airport Boulevard at-grade surface crossing, with the City's share of the cost totaling
$28,613, and authorize the Mayor to execute said agreement.
City Council Meeting: 7/2/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
1^nn&ee6 n ; 1 masonm, Janie Approved (5/27/2018 ... 11,33 A
(."da;rlati Office Evenm, 1-eA inn Approved 6/27/2018 ... 11:37 AM
ATTACHMENTS:
Description Type
.prrport MW R.R. proJe t esfin`rnantie (.,oveir Me nio
.iq)oirt 1pMI R.R. j..Jxeenner Covc.r Me.n-io
Resolution approving an agreement with the Chicago, Central and Pacific
SUBJECT: Railroad Company for the reconstruction of the Airport Boulevard at-grade
surface crossing, with the City's share of the cost totaling 528,613, and
authorize the Mayor to execute said agreement.
Submitted by: Submitted By: Jeff Bales,Associate Engineer
Source of Funds: Local Option Sales Tax Funds
This crossing is programmed for renewal in the State's 60/20/20 Program in
2020. However, there have been a number of problems with this crossing in
recent years, so the Railroad is proposing this Cooperative Agreement to
complete the reconstruction this year. The City's cost share would be
exactly like the 60/20/20 program or 20% of the total cost of only the surface
Background Information: crossing plus roadway traffic control(detour using Midport Boulevard).
Costs associated with relocation or repair of any existing signals, signal
wires, and switches will be the responsibility of the Railroad. Therefore, the
City's cost share is estimated to be($138,004-$2438=$135,566)x20%=
$27,113 + $1500(traffic control) = $28,613, and will be paid out of Local
Option Sales Tax Revenue.
Page 141 of 200
Operations Special Capital Project Estimate
RENEW RUBBER @ Airport Blvd 307181J (2 track
Location: WATERLOO
Company Name: Chicago, Central & Pacific Railroad Company
Subdivision Name: WATERLOO
Mile Post: 280.03
State: IA
Survey Network Number:
Track Network Number:
Signal Network Number:
Buy American Certification Required? No
Agency: CN-US-GAAP Engineering (Ops Special) [
Labor Additive Type: Agency/CN Approved
Description GANG SIZE DAYS
LABOR
Unload/Distribute Material 5 1
Construct Track 5 2
Surfacing 3 2
Welding 2 4
Install Crossings 5 1
S&C Labor 2 2
Remove xings 5 1
TOTAL DIRECT LABOR MD:
Description
MATERIAL
New Rail
Field Welding
Track Spikes
Tie Plates
Minor OTM
Track Ties
Ballast
Crossing Materials
Signal & Communications Material
Subtotal New/Capitalized Material
TOTAL DIRECT MATERIAL
Description UM
OTHER
Engineering
Operations Special Capital Project Estimate
RENEW RUBBER @ Airport Blvd 307181J (2 track
Hauling/Disposal
Offsite Disposal of Debris LS
Total Hauling/Disposal
Miscellaneous
Per Diem (BMWE Labor) MD
Contingency SUM
Rental Equipment SUM
Total Miscellaneous
TOTAL OTHER
Description UM
Labor Capitalized Surcharges USD
Material Capitalized Surcharges USD
1�wmm�NJ posox"
TOTAL CAPITAL COST
TOTAL NON-CAPITALIZED COST(PW MATERIALS)
TOTAL DONATION
TOTAL PROJECT COST
Operations Special Capital Project Estimate
RENEW RUBBER @ Airport Blvd 307181J (2 track
MATERIAL FORECAST FOR :
Material Description State Tax UM
NEW RAIL
RAIL 115 LB ALL MANUF/METAL/PROCESS 6.00% FT
FIELD WELDING
THERMITE KIT 115 # 6.00% EA
TRACK SPIKES
SPIKE TRACK 5/81N X 61N AREMA 60 PER CAN 6.00% CAN
TIE PLATES
PLATE TIE CAST 161N-5 1/21N BASE CLEATED 6.00% EA
MINOR OTM
RAIL TRANSITION 115# 19'6" OR 20' TS1110 6.00% EA
SCREW SPIKE CMN STD 15/16 IN X 6 1/2 IN 6.00% EA
Clip, Pandrol, E2055, Galvn, 6.00% EA
TRACK TIES
Switch Tie 10 ft 6.00% EA
BALLAST
BALLAST- MAINLINE 6.00% TN
CROSSING MATERIALS
CROSSING RECYCLED RUBBER 115# 10'TIES 6.00% EA
DEFLECTOR PLATE SET 6.00% EA
T(
Signals & Communications Materials
S&C MATERIALS (Per S&C Dept Estimate) 6.00% LS
TOTAL SI(
COOPERATIVE AT-GRADE CROSSING SURFACE REPAIR PROJECT
UNIT COST AGREEMENT
Between
Chicago, Central & Pacific Railroad Company
And
City of Waterloo, Iowa
For construction of surface improvements at the Airport Boulevard at-
grade railroad crossing located over and on CCP Railroad Company's
track
County: Blackhawk
FRA No: 307181J
Road:Airport Blvd, Waterloo, IA
DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO:
HIGHWAY AUTHORITY
Contact Person: Jeff Bales
City Engineer
Address: 715 Mulberry St
Waterloo, Iowa 50701
Office Telephone No.: (319) 291-4312
Fax Telephone No.:
Email Address: jeff.bales@waterloo-ia.org
COMPANY
Contact Person: Nick Burwell
Manager Public Works
Address: Chicago, Central and Pacific Railroad Company
1006 East Fourth Street
Waterloo, IA 50703
Office Telephone No.: 319-236-9205
Fax Telephone No.: 319-236-9207
Email Address: nicholas.burwell@cn.ca
COOPERATIVE SURFACE REPAIR
FORCE ACCOUNT AGREEMENT
This AGREEMENT is between CITY OF WATERLOO, IOWA, hereinafter referred to as the HIGHWAY
AUTHORITY, and CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY, hereinafter referred to as the
COMPANY.
The HIGHWAY AUTHORITY and the COMPANY agree to upgrade and renew the at-grade crossing
located at Airport Blvd, Waterloo, Iowa, identified as DOT#3071811, and further agree as follows;
SECTION I.Work Statement and Performance. The COMPANY and the HIGHWAY AUTHORITY have
determined the extent of the repair to be performed at this crossing, including railway, roadway approach
modifications, and replacement of any existing sidewalks and/or recreational trails, and the agreed work
is generally described as follows;
The HIGHWAY AUTHORITY agrees to:
A. Provide traffic control and signage necessaryforthe required highway closure and detours.
The highway will be fully closed during the construction of the crossing. The COMPANY
and the HIGHWAY AUTHORITY will agree to the starting date of the crossing repairs at least
two (2) weeks in advance of the starting time to allow the HIGHWAY AUTHORITY
reasonable time to place appropriate traffic control devices.
A. Saw approach pavements and remove pavement and header. Saw cuts will be not less
than 10 feet 0 inches (10'-0") from the center of the track. Disposal of all waste material
is the responsibility of the HIGHWAY AUTHORITY.
B. Provide and place any needed drain tile, geo-grid or asphalt underlayment as determined
by COMPANY and HIGHWAY AUTHORITY.
C. Provide, place and compact asphalt and other needed material for headers and
approaches.
D. Install advance warning signs, pavement markings and stop lines in accordance with and
as required by Part 8 of the Manual on Uniform Traffic Control Devices for Streets and
Highways.
E. The HIGHWAY AUTHORITY will be responsible to have any existing sidewalk(s) and/or
recreational trail(s) replaced by a contractor or their own forces, in accordance with the
Americans with Disabilities Act requirements. In the absence of any specific HIGHWAY
AUTHORITY standards that are acceptable to the COMPANY, the Iowa Department of
Transportation's Standard Road Plan MI-220 shall be used. As per Standard Road Plan MI-
220,the detectable warning is to be installed twelve feet(12')from the edge of the nearest
rail, and the sidewalk is a minimum width of five feet(5'). The project will include the cost
of an additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk
and/or recreational trail joint, whichever is less, beyond the detectable warning. Any
additional new sidewalk and/or recreational trail beyond that point will be paid by the
HIGHWAY AUTHORITY and is not part of this project. Truncated domes are the only
detectable warnings allowed by ADA Accessibility Guidelines. Future maintenance of the
sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY.
The COMPANY agrees to:
B. Reconstruct and install the crossing using procedures generally in accordance with the
COMPANY's grade crossing installation specifications.
C. Remove the old crossing surface, track structure and ballast. Disposal of any resultant
waste material is the responsibility of the HIGHWAY AUTHORITY.
D. Place and compact ballast under track structure. The HIGHWAY AUTHORITY may compact
the first few lifts of ballast if requested by the COMPANY.
E. Provide the materials, labor and equipment to construct the new track panel. The track
panel will be built with new hardwood ties ten feet (10') in length and will extend a
minimum of twenty feet (20') beyond the edge of the new rubber surface panels on both
sides of the roadway. The track panel will also be constructed with lag-down cast plates
with spring clip design.
F. Raise and surface the new track panel to the elevation jointly agreed upon by the
COMPANY and the HIGHWAY AUTHORITY.
G. Provide and place the new rubber crossing surface material. The surface material shall be
full depth rubber panels and shall be not less than thirty-six feet(36') in length in order to
extend across the roadway from back of curb to back of curb or from outside edge of
shoulder to outside edge of shoulder for both tracks.
H. Dismantle the old track panel and remove all scrap material from the project site.
I. The COMPANY may subcontract performance of other required incidental work.
SECTION II.Cost Estimate. The HIGHWAY AUTHORITY agrees to incur a cost equal to twenty
percent (20%) of the reimbursable costs for work described in Exhibit "A". Costs associated with
relocation or repair of any existing crossbucks, signals, signal wires, and switches will be the responsibility
of the COMPANY.
SECTION III. Work Start and Completion. The COMPANY shall coordinate the start of its crossing
renewal work with the HIGHWAY AUTHORITY.The HIGHWAY AUTHORITY shall be given ample opportunity
to document the COMPANY's materials, equipment, and labor required to complete the project. The
HIGHWAY AUTHORITY shall have the right to inspect the project work at any time on-track protection is
provided by the COMPANY.
SECTION IV. Project Completion. After the COMPANY has completed its required work, the
COMPANY shall notify the HIGHWAY AUTHORITY to arrange for an inspection, if desired by HIGHWAY
AUTHORITY, with the COMPANY to determine whether the COMPANY's crossing renewal work has been
completed in accordance with the terms of this Agreement. When the COMPANY's work has been
completed in accordance with this Agreement, the HIGHWAY AUTHORITY shall provide the COMPANY
notice in writing of its certification of completion and acceptance of the COMPANY's work.
SECTION V. Payment. Upon completion of the COMPANY's work in accordance with this
Agreement, the HIGHWAY AUTHORITY shall make payment to the COMPANY within thirty (30) days of its
receipt of the COMPANY billing in accordance with Section II. of this Agreement.
SECTION VI. Maintenance and Abandonment. Upon completion of the project,the COMPANY shall
maintain the crossing surface to provide a safe and sufficient crossing for vehicular travel. If the track is
removed from both sides of the crossing, the COMPANY shall remove the surface material, rail and cross
ties from the crossing and shall restore the roadway void to the satisfaction of the HIGHWAY AUTHORITY,
all at COMPANY expense.
SECTION VII. Standard Title VI Assurances. The COMPANY shall comply with all applicable
Department and Federal laws, rules(including the administrative rules adopted by the Department for the
IPPP Program — 761 Iowa Administrative Code, chapter 201), ordinances, regulations, and orders. The
COMPANY, and all agents of the COMPANY that participate in the project, shall also comply with Title VI of
the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed
by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of
the Secretary, Part 21—to the end that no person in the United States shall, on the grounds of race, color,
or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity receiving financial assistance from the HIGHWAY
AUTHORITY.
SECTION VIII. Successor and Assigns. This Agreement shall be binding upon all successors or
assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY of any assignment of this
Agreement.
SECTION IX. Proiect Contact Persons. All notices and communications essential to complete the
work required by this Agreement shall be made to the Contact Persons specified on the cover page of this
Agreement.
SECTION X. Integration and Amendment. This Agreement and its exhibits constitute the entire
Agreement between the COMPANY and the HIGHWAY AUTHORITY concerning this project.
SECTION XI. Merged Documents. This Agreement may be executed and delivered in two (2) or
more counterparts,each of which so executed and delivered shall be deemed to be an original,and all shall
constitute but one and the same original.
If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional,
such judgment shall not affect the validity of any section, provision, or part thereof not found to be invalid
or unconstitutional.
IN WITNESS WHEREOF the COMPANY and the HIGHWAY AUTHORITY hereto have caused this
Agreement to be executed by their duly authorized officers as of the dates indicated below.
Executed by COMPANY this Chicago, Central and Pacific Railroad Company
day of 2018 By
Name and Title
Executed by HIGHWAY AUTHORITY this City of Waterloo, Iowa
day of 12018 By
Name and Title
n_ _ _ w A
CITY OF WATERLOO
Council Communication
Resolution approving Contract Modification No. 40 for a net increase of$23,100 in conjunction with the
Highway 63 Downtown Couplet Reconstruction Project..
City Council Meeting:7/2/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
1^c)&een•ng KrrnaIISOm1, jarrniie Approved 6/27/2018 ... 1 1.33 AM
(Ierrk Office Everri, L-eAn:) Approved (5/27/20 18 ... 11.34 A
ATTACHMENTS:
Description Type
❑ It y 63....(.`or:ttra ct Modiiuca florrb Nip. 40 Covet Menio
Resolution approving Contract Modification No. 40 for a net increase of
SUBJECT: 523,100 in conjunction with the Highway 63 Downtown Couplet
Reconstruction Pro-ject.
Submitted by: Submitted By: Jeff Bales,Associate Engineer
Summary Statement:
Expenditure Required: City(20%) $4,620.00
Source of Funds: GO Bond Funds
The Traffic Operations Department has requested the addition one
"Downward Fixed"Monitoring Camera for all seven(7) signalized
Background Information: intersections along Mullan/!st between Jefferson St. to Franklin St. as part of
the Highway 63 project. These replace pan, tilt, zoom(ptz)monitoring
cameras.
Page 149 of 200
Langman Construction, Inc.
General Contractors
Phone: (309)786-8944 220-34th Ave
Fax: (309)786-2107 Rock Island, IL 61201
June 21, 2018
Ron Loecher, P.E.
Iowa DOT– New Hampton RCE
2224 225th Avenue
New Hampton, IA 50659
Project: NHSX-063-6(91)-3H-07, Contract ID: 07-0636-078
Re: Change Request 040–Axis Q1615 Mark II E Downward Fixed Cameras
Langman Construction, Inc. with K&W Electric as our subcontractor, hereby propose a change request to
install Axis Q1615 Mark II E downward fixed cameras at every signalized intersection per the City of Waterloo
request.
10%Prime Markup with
$100.00 minimum(total)
Estimated per IDOT Specification
Date Item Quantity Unit K&W Electric 1109.03 Unit Price Total Cost Description
Install downward fixed
Axis Q1615 Mark II cameras per City of
6/21/2018 Fixed Cameras 7.00 EA $3,000.00 $300.00 $3,300.00 $23,100.00 Wateroo request at
every signalized
intersection
TOTALI $23,100.00
Further information is available upon request.
Feel free to contact me with any questions.
S. Boone Zimmerman, P.E.
Project Manager
Langman Construction, Inc.
Page 150 of 200
From: Kevin Martin
To: Boone Zimmerman
Subject: US 63 look down cameras
Date: Thursday,June 14,zozoa:oo:*s PM
Our price to provide and install 7Axis 0,16I5'E'MK|| look down cameras are as follows:
7 @ $3,000.00 per camera $21,000.00 total
Kevin Martin
Vice President
K&VVElectric
1-319-277-0415 (0)
1-319-240-1119 (C)
Page 151Of2OO
CITY OF WATERLOO
Council Communication
Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C)
preliminary plat approval as it relates to the approval of the preliminary and final plat of Magnolia Hills
Residential Subdivision.
City Council Meeting:7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
1°paaaaan'paIg& zonr l g Sdp roederr, A.ric Approved (.')/28/2018 ... 11.38 AM
Q.`Ile p< Office 1°ellcllipe, Kelley Approved 6/28/2018 ... 12.56 FIM
Resolution approving a variance to the requirements of the Subdivision
SUBJECT: Ordinance in Section 11-3-3(D)Application Procedure and Requirements as
it relates to the approval of the final plat of Magnolia Hills Subdivision.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Resolution granting a Variance to the Requirements of the Subdivision
Ordinance in Section 11-3-3(D)Application Procedure and Requirements as
it relates to the approval of the Final Plat of the Magnolia
Summary Statement: Hills Subdivision. The variance is needed because they are asking for
approval of the preliminary and final plat at the same time, whereas the
Subdivision Ordinance requires approval of the preliminary plat prior to
submittal of the final plat.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Subdivision Ordinance
Alternative: N/A
CGA Engineering on behalf of 30 Something Real Estate, LLC, is
Background Information: requesting for the approval of the preliminary and final plat of 10.02 acres for
Magnolia Hills to allow for the development of a 12 Lot Residential
Subdivision.
APART OF THE SOUTHWEST QUARTER OF SECTION NO. 5,
TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Page 152 of 200
BEGINNING AT A POINT 750 FEET NORTHEASTERLY ALONG
THE CENTERLINE OF U.S. HIGHWAY NO. 63 FROM THE
SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION; THENCE
SOUTHEASTERLYAT A RIGHT ANGLE FROM SAID CENTER
LINE 863 FEET; THENCE SOUTHWESTERLY PARALLEL WITH
THE CENTER LINE OF SAID HIGHWAY 528 FEET; THENCE
NORTHWESTERLY AT A RIGHT ANGLE TO THE CENTER LINE
OF SAID HIGHWAY 863 FEET TO SAID CENTER LINE; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE 528 FEET TO
THE POINT OF BEGINNING.
EXCEPT THAT PART THEREOF CONVEYED TO THE CITY OF
WATERLOO IN 549 LD 164 AND TRACT C, A PART OF THIS
PLAT.
AND
THAT PART OF TRACT C IN WATERLOO COUNTRY CLUB
Legal Descriptions: ADDITION, WATERLOO, IOWA, BOUNDED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE
OF SAID TRACT C WHICH IS ON THE NORTHWESTERLY
EXTENSION OF THE NORTHEASTERLY LINE OF LOT NO, III
IN SAID ADDITION, SAID POINT BEING THE POINT OF
TANGENCY FOR CURVE NUMBER 13 AS SHOWN ON THE
PLAT OF SAID ADDITION; THENCE NORTH 48 DEGREES 45
MINUTES EAST ALONG THE SOUTHEASTERLY LINE OF SAID
TRACT C A DISTANCE OF 162 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 41 DEGREES 15 MINUTES WEST
A DISTANCE OF 185.50 FEET MORE OR LESS TO THE
NORTHWESTERLY LINE OF SAID TRACT C; THENCE NORTH
48 DEGREES 45 MINUTES EAST ALONG SAID
NORTHWESTERLY LINEA DISTANCE OF 219.36 FEET MORE
OR LESS TO A POINT 8 FEET SOUTHWESTERLY OF AN
ANGLE POINT IN SAID TRACT C; THENCE SOUTH 2 DEGREES
47 MINUTES 40 SECONDS EAST A DISTANCE OF 236.94 FEET
MORE OR LESS TO THE SOUTHEASTERLY LINE OF SAID
TRACT C; THENCE SOUTHWESTERLY ALONG SAID
SOUTHEASTERLY LINEA DISTANCE OF 72 FEET TO THE
POINT OF BEGINNING.
Page 153 of 200
CITY OF WATERLOO
Council Communication
Resolution approving a request by CGA Engineering on behalf of 30 Something Real Estate, LLC, for the
final plat of 10.02 acres for Magnolia Hills to allow for the development of a 12 Lot Residential Subdivision
located adjacent to and northwest of 1900 Westchester Road.
City Council Meeting: 7/2/2018
Prepared: 6/26/2018
REVIEWERS:
Department Reviewer Action Date
Ppmrning& Zrnruinng Sepuroeder, brie Approved t5/28/2018 ... 11.39 A
(. erk Office Fellellfle, K iiey Approved 6/28/2018 ... 12-.56 PM
ATTACHMENTS:
Description Type
1=a irial Plat (:'uavei., Me nio
❑ Finuud Plat 1)ocuunnue. ntation Covc.r M nu:nun
Stuii:ey Cenftoficat; Backup Ma7ieriall
Deeup ol'Dc(ficatioru Backup Materiall
E np;. l..,etter rul'Suupap dirt t::`ru`er Meaio
Resolution approving a request by CGA Engineering on behalf of 30
SUBJECT: Something Real Estate, LLC, for the final plat of 10.02 acres for Magnolia
Hills to allow for the development of a 12 Lot Residential Subdivision
located adjacent to and northwest of 1900 Westchester Road.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Transmitted herewith is a request for the final plat of 10.02 acres for
Magnolia Hills to allow for the development of a 12 Lot Residential
Subdivision. Please find the following attached items:
• Staff report
• Aerial photograph
• Final Plat
• Legal Description
Summary Statement: . Deed of Dedication
• C ertific ate of Survey
• Report of City Engineer
At the June 5, 2018 Planning, Programming and Zoning Cominission
meeting, the Commission unanimously approved the final plat for Magnolia
Page 154 of 200
Hills.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Land Use
Alternative: N/A
Background Information: N/A
APART OF THE SOUTHWEST QUARTER OF SECTION NO. 5,
TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 750 FEET NORTHEASTERLY ALONG
THE CENTERLINE OF U.S. HIGHWAY NO. 63 FROM THE
SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION; THENCE
SOUTHEASTERLYAT A RIGHT ANGLE FROM SAID CENTER
LINE 863 FEET; THENCE SOUTHWESTERLY PARALLEL WITH
THE CENTER LINE OF SAID HIGHWAY 528 FEET; THENCE
NORTHWESTERLY AT A RIGHT ANGLE TO THE CENTER LINE
OF SAID HIGHWAY 863 FEET TO SAID CENTER LINE; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE 528 FEET TO
THE POINT OF BEGINNING.
EXCEPT THAT PART THEREOF CONVEYED TO THE CITY OF
WATERLOO IN 549 LD 164 AND TRACT C, A PART OF THIS
PLAT.
AND
THAT PART OF TRACT C IN WATERLOO COUNTRY CLUB
Legal Descriptions: ADDITION, WATERLOO, IOWA, BOUNDED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE
OF SAID TRACT C WHICH IS ON THE NORTHWESTERLY
EXTENSION OF THE NORTHEASTERLY LINE OF LOT NO. 111
IN SAID ADDITION, SAID POINT BEING THE POINT OF
TANGENCY FOR CURVE NUMBER 13 AS SHOWN ON THE
PLAT OF SAID ADDITION; THENCE NORTH 48 DEGREES 45
MINUTES EAST ALONG THE SOUTHEASTERLY LINE OF SAID
TRACT C A DISTANCE OF 162 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 41 DEGREES 15 MINUTES WEST
A DISTANCE OF 185.50 FEET MORE OR LESS TO THE
NORTHWESTERLY LINE OF SAID TRACT C; THENCE NORTH
48 DEGREES 45 MINUTES EAST ALONG SAID
NORTHWESTERLY LINEA DISTANCE OF 219.36 FEET MORE
OR LESS TO A POINT 8 FEET SOUTHWESTERLY OF AN
ANGLE POINT IN SAID TRACT C; THENCE SOUTH 2 DEGREES
47 MINUTES 40 SECONDS EAST A DISTANCE OF 236.94 FEET
MORE OR LESS TO THE SOUTHEASTERLY LINE OF SAID
TRACT C; THENCE SOUTHWESTERLY ALONG SAID
SOUTHEASTERLY LINEA DISTANCE OF 72 FEET TO THE
Page 155 of 200
POINT OF BEGINNING.
Page 156 of 200
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July 2,2018
REQUEST: Request by CGA Engineering on behalf of 30 Something Real
Estate, LLC, for the final plat of 10.02 acres for Magnolia Hills to
allow for the development of a 12 Lot Residential Subdivision.
OWNER: 30 Something Real Estate, LLC, 3522 Augusta Circle, Waterloo, IA
50701
GENERAL The applicant is requesting a final plat to allow for the
DESCRIPTION: development of 11 single family homes on 11 lots and 9 twin-
homes on one lot, adjacent to and northwest of 1900 Westchester
Road.
IMPACT ON The request for the final plat would not appear to have a negative
NEIGHBORHOOD & impact upon the surrounding area. It would appear that the
SURROUNDING proposed residential uses would blend in well with the surrounding
LAND USE: neighborhood which consists of twin-homes, apartments, condos,
single family homes, and vacant land. The average lot size for the
11 proposed single family residential lots is 23,681 SF. The size of
the lot where the twin homes will be placed is on 3.32 acres which
is 144,619 SF or 8,034 SF per unit.
VEHICULAR & The proposed final plat would appear to have minimal impact on
PEDESTRIAN the surrounding traffic conditions in the area. The proposed
TRAFFIC development would be served by Westchester Road which is
CONDITIONS: classified as a Local Street, and West 4t" Street, which is classified
as a Principal Arterial. The development shall also be served by
newly constructed local roads such as Kimberly Lane and Cathy
Jean Court. The Traffic Engineer has noted that trees near the
southerly intersection of Cathy Jean Court and West 4t" Street will
need to be removed to ensure adequate site distance at the
intersection.
RELATIONSHIP TO The proposed development is approximately 1,800 feet away from
RECREATIONAL the Sergeant Road Trail, but there are no current plans to link to
TRAIL PLAN: the trail at this point in time.
ZONING HISTORY The land has been zoned R-3 Multiple Residence District since
FOR SITE AND 1969 and the surrounding land uses and their zoning designations
IMMEDIATE VICINITY: are as follows:
North — Multi-Family and Condos, zoned "R-4" Multiple Residence
District.
South — Multi-Family and Condos, zoned "R-3" Multiple
Residence District.
East — Multi-Family and Condos, zoned "R-3" Multiple Residence
District and "R-4" Multiple Residence District.
West— Multi-Family, Condos, and Twin-Homes, zoned "R-3"
Multiple Residence District.
Magnolia Hills-Final Plat P&gLF 151 of 200
July 2,2018
DEVELOPMENT The surrounding area consists predominantly of multi-family
HISTORY: homes, twin-homes, condos, and vacant land. The majority of the
housing construction occurred during the 2000's and 2010's.
BUFFERS/ There are currently trees along the north, south, east, and west
SCREENING borders of the property. No buffering is required by ordinance
REQUIRED: standards.
DRAINAGE: The final plat denotes a 31,363 SF storm water detention/retention
area known as Tract A on the southeast side of the proposed final
plat, and storm water drainage easements labeled in the rear
yards for various lots.
FLOODPLAIN: The majority of the final plat area in question is not located within
a Special Flood Hazard Area as identified in the Federal Insurance
Administration's Flood Insurance Rate Map Community Number
190031 and Panel Number 0284F, dated July 18, 2011. However,
Tract A Storm Water Management Area is in the 100-year
floodplain, but none of the proposed single family or twin homes
are located in a special flood hazard area.
PUBLIC /OPEN Hoover Middle School is located 1.61 miles east of the proposed
SPACES/ SCHOOLS: development. The project area is also served by Orange
Elementary School and West High.
UTILITIES: WATER, There is an existing 8" to 10" sanitary sewer main, 8" water main,
SANITARY SEWER, and 18" storm sewer with 4" to 6" drain tile located underneath
STORM SEWER, ETC: Westchester Road. In addition there is an existing 12" water main,
8" sanitary sewer main, and 18 "storm sewer with 4" drain tile
located under West 4t" Street. New water and sewer mains are
proposed underneath or along Kimberly Lane and Cathy Jean
Court.
RELATIONSHIP TO The proposed development is in conformance with the Future
COMPREHENSIVE Land Use Map which designates this area as Low Density
LAND USE PLAN: Residential. The area is also noted as a Primary Growth Area
within the Comprehensive Land Use Plan.
STAFF ANALYSIS — The applicant is requesting a final plat for 10.02 acres to construct
ZONING 11 single family homes and 9 twin homes as a part of the
ORDINANCE: Magnolia Hills Addition.
The Planning and Zoning Commission at their regular meeting on
June 5, 2018 unanimously approved the final plat request for
Magnolia Hills.
For the single family home lots the size of the lots range in size
from 13,068 SF to 32,234 SF, with an average lot size of 23,681
SF. Lot widths range from 67.5' to 221.85', and range from
129.35' to 283.69' deep. Each property shows a 20' setback from
the front and 20' or more for the rear property lines, and 5' on the
sides. These setbacks all meet the minimum requirements of the
"R-3" Multiple Residence District.
Magnolia Hills-Final Plat PQLF?610 of 200
July 2,2018
The lot size for the twin-home lot 12 is 144,619 SF for nine twin-
homes or 8,034 SF per unit. The area is zoned "R-3" Multiple
Residence District. Staff believes that the new residential
development will be compatible with and have a positive impact
upon the surrounding neighborhood.
The deed of dedication notes that public use streets will be
conveyed to the City of Waterloo. Each owner of lots 1 — 11 shall
become members of the Magnolia Hills Homeowners Association
STAFF and will be responsible for maintaining the storm water
RECOMMENDATION: management area on Tract A. Tract B will be a public road. A
storm water management plan will be required prior to the
submittal of the building permit, all minimum setbacks shall be
maintained, and all subdivision regulations shall be followed.
The final plat has met the following requirements such as: legal
description, property line dimensions, building line dimensions,
date, adjoining subdivisions, deed of dedication, easements, right
of way widths, proper lot sequence, engineer's certificate of
survey, and the engineer's letter of support.
Therefore, staff recommends that the request for the final plat in
the "R-3" Multiple Residence District be approved for the following
reasons:
1. The proposed use would appear to have a positive impact
on the area by brining additional housing on vacant land
within a residential area.
2. The proposed development is within the density
requirements as set forth in the Zoning Ordinance for this
particular zoning district.
3. The proposed use would not appear to have a negative
impact on traffic and pedestrian conditions in the area.
Magnolia Hills-Final Plat PQLF�Y`13 of 200
City of Waterloo Planning, Programming and Zoning Commission
June 5, 2o18
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CITY OF WATERLOO PLANNING AND ZONING COMMISSION
REQUEST FOR PLATTING (FINAL)
1. APPLICATION INFORMATION:
a. Applicant's Name(please print): Dan Cooley—30 Something Real Estate, LLC
Address: 3522 Augusta Circle T Phone: 319-504-9166
City: Waterloo State: Iowa Zip: 50701
b. Status of Applicant: (a)Owner X (b) Other (CHECK ONE): If other explain:
c. Property Owner's Name if different than above(please print):
Same
Address: Phone:
City: State: Zip:
2. PROPERTY INFORMATION:
a. Name of Plat: Magnolia Hills
b. General Location of Property: W. 0' St. and Westchester
c. Area of Proposed Plat: 9.4 Acres
d. Area of Proposed Plat to be dedicated/conveyed to the City: 1.0 Acres
e. Value of area to be dedicated/conveyed to the City:
f. Zoning District(s): R-3 Multi-Residence District
3. OTHER DOCUMENTATION:
a. Date of Preliminary Plat Approval: P&Z City Council
b. Six(6) copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord.
c. Four(4) copies of Deed of Dedication (2 must be original signatures)
d. Four(4) copies of all Petition and Waiver forms (2 must be original signatures)
e. Four(4) copies of Certificate of Survey (2 must be original signatures)
4. PUBLIC IMPROVEMENTS
a. Are you requesting participation by the City in any improvements? Yes No X
b. If yes specify why and for what for?
c. Costs: Estimate Actual Total Cost Requested City Share
Storm Sewer $ $
Sanitary Sewer $ $
Paving $ $
Land Dedicated $ $
TOTAL $ $
The Request Fee of $215 + S10 per lot (payable to the City of Waterloo) is required. This fee is non-
refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be
approved. Any major change in any of the information given will require that the request go back through the
process, with a new Request Fee. 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 an Waterloo City Council in
making their ision. The dersigned authorize City Zoning Offici to enter he pi in question
in reg s to the ques
Sig re of is Da Sign re o Da
Page ?65 of 200
Aaron Mueller, PLS,Clapsaddle-Garber Associates Inc.,5106 Nordic Dr.,Cedar Falls, IA 50613,(319)266-0258
SURVEYOR'S CERTIFICATE
MAGNOLIA HILLS is a subdivision of the land described in Exhibit'A' attached hereto and made a part hereof.
For a more definite location and description, reference is made to a Final Plat dated June 27, 2018, attached hereto and
made a part hereof.
Said MAGNOLIA HILLS is divided into Twelve (12) numbered lots, numbered consecutively from One (1)through Twelve
(12), both inclusive. The number of each Lot is designated on the Final Plat by figures near the center of each Lot.
Tract'B', is designated as Public Street Right-of-Way for Kimberly Lane. This street is now being dedicated in fee simple
to the public. Street intersection radiuses are as shown on final plat with dimensions noted.
Dimensions of each lot, street widths, and distances from government lines and corners are shown in feet and decimals
thereof on said Final Plat.
Lot areas are provided pursuant to the provisions of Section 354.6, Paragraph 3, Code of Iowa in Exhibit"B", attached
hereto and made a part hereof.
A'/z" re-bar with a yellow plastic cap embossed with "MUELLER LS 21428"will be set at each point indicated by a small
circle, marked —o-on said plat by June 27, 2019.
Utility and storm water drainage easements are reserved along lot lines as shown on said Final Plat, and in widths noted.
I hereby certify that this Final Plat, Report and Land Description were prepared by me or under my direct personal
supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa
EXECUTED in Cedar Falls, Iowa this Twenty-seventh day of June, 2018
, .
Aaron Mueller, PLS
" Iowa License No. 21428
M "µ License Renewal Date: December 31, 2018
r1UELLE
21426 •"M
aw `"
Page 166 of 200
Exhibit "All
LEGAL DESCRIPTION
A PART OF THE SOUTHWEST QUARTER OF SECTION NO. 5,TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 750 FEET NORTHEASTERLY ALONG THE CENTERLINE OF U.S. HIGHWAY NO. 63 FROM
THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE SOUTHEASTERLY AT A RIGHT ANGLE FROM SAID CENTER LINE 863 FEET;THENCE SOUTHWESTERLY PARALLEL
WITH THE CENTER LINE OF SAID HIGHWAY 528 FEET;THENCE NORTHWESTERLY AT A RIGHT ANGLE TO THE CENTER LINE
OF SAID HIGHWAY 863 FEET TO SAID CENTER LINE;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE 528 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART
THEREOF CONVEYED TO THE CITY OF WATERLOO IN 549 LD 164,AND TRACT C,A PART OF THIS PLAT.
AND
THAT PART OF TRACT C IN WATERLOO COUNTRY CLUB ADDITION, WATERLOO, IOWA, BOUNDED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID TRACT C WHICH IS ON THE NORTHWESTERLY
EXTENSION OF THE NORTHEASTERLY LINE OF LOT NO. 111 IN SAID ADDITION, SAID POINT BEING THE POINT OF
TANGENCY FOR CURVE NUMBER 13 AS SHOWN ON THE PLAT OF SAID ADDITION;THENCE NORTH 48 DEGREES 45
MINUTES EAST ALONG THE SOUTHEASTERLY LINE OF SAID TRACT C A DISTANCE OF 162 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 41 DEGREES 15 MINUTES WEST A DISTANCE OF 185.50 FEET MORE OR LESS TO THE
NORTHWESTERLY LINE OF SAID TRACT C;THENCE NORTH 48 DEGREES 45 MINUTES EAST ALONG SAID NORTHWESTERLY
LINE A DISTANCE OF 219.36 FEET MORE OR LESS TO A POINT 8 FEET SOUTHWESTERLY OF AN ANGLE POINT IN SAID
TRACT C;THENCE SOUTH 2 DEGREES 47 MINUTES 40 SECONDS EAST A DISTANCE OF 236.94 FEET MORE OR LESS TO THE
SOUTHEASTERLY LINE OF SAID TRACT C;THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF
72 FEET TO THE POINT OF BEGINNING.
BEARINGS ARE BASED ON THE NORTHEAST LINE OF MAGNOLIA HILLS BEARING SOUTH 42°02'42" EAST.
Page 167 of 200
OWNER'S STATEMENT AND DEED OF DEDICATION
FOR
MAGNOLIA HILLS,
CITY OF WATERLOO,
BLACK H AWK COUNTY, IOWA
KNOW ALL MEN BY THESE PRESENTS:
That 30 Something Real Estate, LLC ("Owner" and"Developer"),being desirous of setting and
platting into lots and streets the land described in the attached Certificate of Survey by Aaron Mueller,
P.L.S., dated the day of , 2018, does by these presents designate and set apart the
aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as
MAGNOLIA HILLS
City of Waterloo, Black Hawk County, Iowa, hereinafter "Development", all of which is with the free
consent and desire of the undersigned, and the undersigned does hereby designate and set apart for public
use the streets and avenues as shown upon the attached plat, and set apart for the City of Waterloo, Iowa, the
easements shown on the attached plat.
I. DEDICATION OF STREETS AND EASEMENTS
The Owner hereby grants and conveys to the City of Waterloo, Iowa, for public use the street shown
as Tract B on the attached plat. Said street will be constructed at a 28 foot width.
The Owner hereby grants and conveys to the City Waterloo, Iowa, its successors and assigns, and to
any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water,
gas, electricity, communication service or cable television,perpetual easements for the construction,
erection, laying, building, and maintenance of said services over, across, on and/or under Development as
shown on the attached plat.
II. RESTRICTIVE COVENANTS
Be it also known that the Owner does hereby covenant and agree for itself and its successors and
assigns that each and all of the Lots in Development shall be and the same are hereby made subject to the
following restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if
the same were contained and set forth in each deed of conveyance or mortgage that the undersigned, or its
successors in interest, may hereafter make for any of the said Lots and that such restrictions shall run with
the land and with each individual Lot thereof for the length of time and in the particulars hereafter stated, to
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Page 168 of 200
Wit:
A. RESTRICTIONS FOR LOTS 1-11:
1. Only single family dwellings shall be permitted. No multi-family dwellings shall be
perinitted. No earth shelter home, or dome style home, will be allowed. The minimum square footage for a
single family dwelling will be:
a. 1,800 square feet for a single story
b. 1,200 square feet on the first floor level for any two story house, with a combined minimum
square footage of 2,000 for the first and second floors.
C. The above square footage areas do not include basements, attics, garages, breezeways,
porches, or other nonliving space. All dwellings shall have at a minimum an attached double
garage with a minimum of 440 square feet. No detached garage is allowed.
2. Lots may be split or divided in any fashion to provide for more lot area when added to an
adjoining Lot. No dwelling shall be built or maintained on any partial Lot unless said partial lot is combined
with adjoining Lot or partial Lot so that the resulting Lot has no less frontage than the smaller of the next
regular platted Lot on either side.
3. Stick built,prefabricated, modular, and ICF homes will be allowed. However, Developer has
the sole discretion to disallow any building system that does not produce a quality product in its opinion.
Factors involved in this decision will include,but not be limited to, the supplier of the home, the home
manufacturer, the building, or the subcontractors. The purpose of these requirements is to protect the
Development from inexperienced owners and developers. No old or used buildings shall be moved onto any
Lot.
4. No building or structure not attached to the original dwelling shall be constructed upon any
Lot or combination of Lots, except a storage shed no larger than 10' x 10' in size and not exceeding 20' in
height. The exterior of any such building or structure shall conform to and be harmonious with the exterior
products used on the main dwelling. Play equipment is permitted.
5. It is agreed by all parties building in the Development that the improved Lot will
be sodded, seeded, or a combination of both on the entire Lot. The owner shall apply adequate
water to maintain a healthy lawn. Additional plantings and landscaping are encouraged to be
installed and maintained on the Lots as weather and seasonal constraints allow. Silt fence or
runoff deterrent must be installed until soil is stabilized by sod or established seed growth. All
downstream intakes shall be protected from eroding soils entering them. No shrubs or trees shall
be planted so as to infringe upon adjoining property lines based on maximum expected growth
and shall be maintained so as not to infringe.
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Page 169 of 200
6. The Developer, or a committee appointed by the Developer, must approve all
buildings, fences, and landscaping plans. Any chain link fences must be black.
7. Each owner of Lots 1-11 shall become members of a homeowners association
known as the Magnolia Hills Homeowners Association ("Association"). Each Lot shall have one
vote in this Association. Membership in this Association shall be appurtenant to and may not be
separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification of
membership in the Association. A Lot shall not be construed to include a person or entity that
holds an interest merely as security for the performance of an obligation. The purpose of the
Association shall be own and maintain the stormwater management area located on Tract A, and
to perform such other activities as may be set forth in the Articles of Incorporation and Bylaws of
Association. The Association shall have authority to establish membership fees and adjustments
thereto and carry out maintenance and regular duties contemplated in this paragraph. All
membership fees which are unpaid shall be assessed as a lien against the Lot, in the matter and as
provided for in the Articles of Incorporation or Bylaws of the Association. Developer will not be
required to pay Association fees on unsold Lots.
B. RESTRICTIONS FOR LOT 12:
1. The development of this Lot shall consist of eighteen(18) villas and shall be in
accordance with the R-P Zoning classification set forth in the Waterloo Zoning Ordinance.
2. No structure,building, fence, or other object, including landscaping,maybe built,
placed, or located on the exterior of any Lot unless written approval is first received from the
Association, as later defined. No replacement,maintenance, repair and remodeling, or
restoration after damage or destruction, may use siding, roofing or other exterior components, of
a different design, material or color scheme, unless written approval is first received from the
Association.
3. No detached accessory structures or buildings shall be permitted.
4. All private drives, private parking areas, and entryways located on Lot 12 shall be
maintained by the villa owners, excluding snow removal.
5. No swing sets or basketball hoops shall be allowed.
6. Any patio shall not be larger than 12' x 12'.
7. Said lot shall be subject to a Declaration of Submission of Horizontal Property
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Page 170 of 200
Regime for Magnolia Villas. The homeowner's association created thereunder shall be
responsible for the maintenance of Cathy Jean Court, a private road, and stormwater management
for Lot 12.
C. RESTRICTIONS FOR ALL LOTS:
1. The development of said Lots shall be in accordance with the R-P Zoning
classification set forth in the Waterloo Zoning Ordinance.
2. All buildings erected on said Lots shall be constructed in accordance with the
building,plumbing, and electrical Codes of the City of Waterloo, Iowa.
3. Any dwelling that is erected on said Lots shall have a minimum setback as shown
upon the attached plat. These setbacks shall apply to the main building structure, as well as any
attached decks, porches, or sunrooms. In addition, no dwelling or other structure of any kind
shall be placed in drainage easement areas, as the same are shown on the attached plat. Any and
all drainage easements will be required to follow the "Stormwater Management Plan" and no
building, fence structures, landscaping structures, private gardens or any other possible
obstruction can be built in and over said drainage easements. Said Lot owners and/or contractors
working on said Lots will be responsible to maintain said easements to be free and clear of any
physical obstruction(s), thus allowing the conveyance of overland storin water runoff as intended
per"Storinwater Management Plan" on record with the City of Waterloo Engineer's Office.
4. No trailer, basement, tent, shack, garage, or shed erected in said Development
shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a
temporary nature be permitted on any Lot.
5. The owner of each Lot, vacant or improved, shall keep said lot free of weeds and
debris.
6. No residence shall be used as a place of business, except an in-home office,
daycare, or community center as permitted by the City of Waterloo Zoning Ordinance. Permanent
business signs of any kind will not be allowed in the Development. Developer reserves the right
to rent, lease, or occupy a dwelling on a Lot for purposes of a sales office until said Lot is sold.
7. No obvious or offensive trade or activity shall be carried on upon any Lot, nor
shall anything be done thereon which may be or become an annoyance or nuisance to the
Development.
8. Occupancy of any dwelling in the Development will not be allowed until the
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Page 171 of 200
exterior and interior are substantially complete and an occupancy permit has been issued by the
City of Waterloo.
9. All approaches and driveways in the Development shall be concrete.
10. No trailers, campers,boats, trucks, buses, RVs, semi-tractors, or garden tractors
will be allowed to be parked outside a dwelling or on the street for a period exceeding 48 hours.
After said time, such vehicles must be removed from the Development or completely stored
within the garage of the dwelling.
11. No radio wave producing equipment shall be used that interferes with other
property owners. All TV, radio or other antennas, towers, and dishes must be installed and
enclosed in an attic or garage, except that satellite dishes no larger than 24" in diameter will be
allowed, but must not be visible from the street.
12. All electrical transmission lines and service entrances, all telephone lines and
services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of
whatever kind or nature, shall be installed underground on all Lots.
13. No animals, livestock, or poultry of any kind shall be kept on any Lots, except that
dogs, cats, or other household pets may be kept, not exceeding two in number,provided they are
not kept for commercial purposes. No pets of any kind will be allowed in any fenced-in areas of
the Development green space not owned by individual Lot owners. Pets are not to be left outside
and must be cleaned up after promptly. Obnoxious animals must be removed. No outdoor dog
runs are allowed.
14. Any footing drain tiles or sump pump systems installed in conjunction with the
construction of a residence shall be connected to sub-drain tile and shall not be expelled into any
sanitary sewer system, onto the street or surface of the property.
15. The tracts shall be used as follows:
a. Tract A shall be used for storm water management.
b. Tract B shall be a public road serving Lots 1 through 11 inclusively.
C. Tract C shall be conveyed to the City of Waterloo, Iowa and used as public right-
of-way.
16. All electrical transmission lines and service entrances, all telephone lines and
services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of
whatever kind or nature, shall be installed underground.
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Page 172 of 200
17. The undersigned and all persons and entities hereafter acquiring any right, title, or
interest in any of the Lots in said Development shall be taken and held to have agreed and
covenanted with the owners of all other Lots in this Development and with the respective
successors and assigns of all of the rest of such other Lots to conform to and observe all of the
foregoing covenants, restrictions, and stipulations as to the construction of building thereon, for a
period of 21 years from the date of filing of said plat, and this deed of dedication for record.
Within the period of 21 years and in accordance with Iowa Code § 614.24 and § 614.25 or their
successor provisions, these covenants, restrictions, and stipulations may be extended for an
additional period of 21 years upon compliance with § 614.24 and § 614.25 of the Code of Iowa.
In the event an extension of the covenants,restrictions, and stipulations is not filed within the
period of 21 years or successive 21-year periods, then the covenants, restrictions, and stipulations
contained herein shall terminate at the end of the existing period of 21 years.
18. Invalidation of any of these covenants by judgment, decree, or court order, shall in
no way affect any of the other provisions of this dedication and such other provisions shall
remain in full force and effect.
19. If the parties hereto, or any of them, or their heirs or assigns shall violate or
attempt to violate any of the covenants or restrictions here, it shall be lawful for any other person
owning property in said addition to prosecute any proceedings at law or in equity against the
person or persons violating or attempting to violate any such covenants or restrictions, and for
the purpose of preventing such acts or recovering damages for such violations or both, and for
costs and reasonable attorney fees as determined by the court.
20. In an effort to minimize damage to adjacent properties and down stream water
drainage systems, each owner is required to comply with Association requirements in regard to
construction yard waste and storm water runoff.
III. PUBLIC IMPROVEMENTS REQUIRED IN PLAT
1. Developer agrees:
A. The undersigned shall provide sanitary sewers for each lot, together with all
necessary manholes and sewer service line, to all lots in the Development.
B. The underground utilities as required by the City of Waterloo Subdivision
Ordinance, or as agreed upon with the City of Waterloo, shall be installed.
C. That City water will be provided for each lot as required by the Waterloo
Water Works.
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Page 173 of 200
D. The municipal fire hydrants will be provided as required by the Waterloo
Water Works.
E. That storm sewer will be provided, along with subdrain tile along paving, as
required by the City Engineer.
F. The Developer or its successors will install a 4-four foot wide Portland Cement
Concrete sidewalk with a minimum thickness of four inches (minimum thickness of five inches
through driveways) across the full length of all street frontages of the lot, and extend to match the
end of existing sidewalk(s) on adjoining lots where sidewalk exists. Said sidewalk shall also be
required to be constructed across all street frontages of two (2) or more adjoining lots, or portions
thereof, when any owner has acquired said two (2) or more adjoining lots, or portions thereof,
upon construction upon one (1) or more lots, or portions thereof, all as required by the City of
Waterloo, Iowa. The sidewalk shall be constructed during or immediately after the construction
of a residential dwelling on a lot, or portions of lots as previously described, in the
Addition/Subdivision,but before issuance of an Occupancy Permit from the City of Waterloo,
Iowa, or only sidewalk construction for any vacant lots remaining for five (5) years after the date
of final approval of the plat, as soon as the construction season permits. Construction of
handicap access ramps at the intersections shall be the responsibility of the developer or adjacent
property owner, and as required by the City of Waterloo, Iowa.
Developer shall construct the 4-foot wide Portland Cement Concrete sidewalk on the south edge
of Tract A and on that portion of Tract B adjacent to Sunnyside Terrace Condominium on or
before the first Occupancy Permit within the subdivision being issued from the City of Waterloo,
Iowa.
G. That the work and improvements called for herein shall be in accordance with
City specifications under the supervision of an Iowa licensed civil engineer. In the event that the
undersigned, its grantees and assigns fail to complete work and improvements called for herein
within one year from the date of the acceptance of said final plat by the City of Waterloo, Iowa,
except as provided in Paragraph G, the City may then make the improvements and assess the
costs of the same to the respective lots, and the undersigned agree that said assessments so levied
shall be a lien on the respective lots with the same force and effect as though all legal provisions
pertaining to the levy of such special assessment shave been observed, and further authorize the
City Clerk to certify such assessments to the County Auditor as assessments to be paid in
installments as provided by law. The owners, for themselves, their successors, grantees and
assigns, waive all statutory requirements of notice of time and place of hearing and waive all
statutory protections and limitations as to cost and assessments and agree that the City may
install said improvements and assess the total costs thereof against the lots.
H. Developer shall construct and install all required public improvements within the
subdivision plat, to conform with approved construction plans which meet the specifications of
the City of Waterloo, Iowa. Such required public improvements shall meet the following
requirements:
i. Shall be constructed and installed in a good and workmanlike manner;
ii. Shall be free of defects in workmanship or materials.
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Page 174 of 200
iii. Shall be free of any conditions that could result in structural or other
failure of said improvements;
iv. Shall be constructed and installed in accordance with the design
standards and technical standards established for such public
improvements by the City and by Waterloo Utilities;
v. Shall be constructed and installed in strict compliance with the
minimum acceptable specifications for the construction of public
improvements set forth in the Waterloo Code of Ordinances, including
without limitation, Chapter 24, Subdivisions, and as such specifications
shall be recommended for approval by the City Engineer from time to time,
and approved by the city council.
The Developer's construction plans are now on file in the Office of the City Engineer.
IN WITNESS WHEREOF, this instrument has been signed at
Iowa, this day of 2018.
30 Something Real Estate, LLC
By:
By:
Its:
STATE OF IOWA )
COUNTY OF BLACK HAWK )ss.
This record was acknowledged before me on this day of
2018,by , as , 30 Something Real Estate, LLC.
Notary Public
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Page 175 of 200
LITY OF WATERLOO , IOWA
ENGINEERING DEPARTMENT
715 Mulberry St. & Waterloo, 1A 50703 *Phone (319)291-4312 Fax(319)291-4262
City E�jlginecr 0 cill'-fl]:
.............
00
June 28, 2018
Aric Schroeder, City Planner
Planning, Programming & Zoning Commission
Waterloo City Hall
Waterloo, [A 50703
RE: FINAL PLAT
MAGNOLIA HILLS
Dear Aric:
This final plat has been reviewed, and it has been determined that it meets the
requirements of the applicable portions of Section 3, 4 and 5 of Ordinance
2997, Subdivision Ordinance.
It is recommended that this final plat be approved.
Sincerely,,
Dennis J. Gentz, P.E. f
Assistant City Engineer
WE'I�E WOIU/.-FNG FOR YOU Page 176 of 200
An Equal OPPOrtUnitv/Affin-native Action Emolover
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 1 for a net increase of$65,900.00 in conjunction with the FY 2018
Bridge and Culvert Repairs Project, Contract No. 950, and authorize the Mayor and City Clerk to execute said
document.
City Council Meeting: 7/2/2018
Prepared: 6/27/2018
REVIEWERS:
Department Reviewer Action Date
1^aa&ee6ng 1Cniasorrm, Janii e Approved (5/27/2 018 ... 11.39 Alm
t."da;rlati Office Eveni, L-eA Baa Approved 6/27/2018 ... tp 42 /Gly
ATTACHMENTS:
Description Type
t orit 950 Ordeir No,. p. Me nio
Submitted by: Submitted By: Wayne Castle; PLS; PE, Associate Engineer
Reason for items 1001 is we added height to the bridge deck to resolve an
unplanned issue which required additional approach repairs for vehicular
safety reasons. Reason for items 1002 to 1005 is that actual needed repairs
Summary Statement: were grossly underestimated in the plan.
Source of Funds: Road Use Tax
Page 177 of 200
CITY OF WATERLOO, IOWA
CHANGE ORDER No. 1
PROJECT: F.Y. 2018 BRIDGE AND CULVERT REPAIRS
CONTRACT NO. 950 Date Prepared: June25,2018 AMOUNT: $65,900.00 INCREASE
TO: MINTURN, INC. , Contractor
You are hereby ordered to make the following changes from the plans and specifications or perform the
following extra work on your contract dated May 14, 2018.
A. Description of change to be made or extra work to be done:
1001 PCC Pavement, 11"
1002 Structural Concrete Repair
1003 Donald Street Abutment Concrete Patching
1004 Bishop Avenue Concrete Patching
1005 Ridgeway Avenue Concrete Patching
B. Reason for ordering change or extra work:
1001 Prior to the start of work on Newell Street, both the City and the Contractor noted the poor
condition of the Newell Street bridge deck, which was not part of this project's repairs and is not
currently planned. Several different deck repair options were discussed, with an asphalt overlay
selected to preserve the deck. This overlay raised the height of the deck approximately 1-1/2".
If no adjustments were made to the approach repairs, the increase in the longitudinal grade into
and off the bridge deck would potentially create vehicular handling concerns.
1002 The original repairs plans for Donald Street denoted a quantity of 9 SF for repairs of the barrier
rail. During removals, it was found that the deterioration far exceeded 9 SF and the planned
concrete repairs necessitated structural concrete repairs to make the barrier rail sound.
1003 The original repair plans for Donald Street denoted a quantity of 2 SF for repairs of the
abutment. During removals, it was found that the needed repairs were roughly 28 SF.
1004 The original repair plans for Bishop Avenue denoted a quantity of 10 SF for concrete repairs to
the culvert structure. During removals, it was found that the needed repairs were roughly 110
SF.
1005 The original repair plans for Ridgway Avenue denoted a quantity of 10 SF for concrete repairs to
the bridge. During removals, it was found that the needed repairs were roughly 30 SF.
C. Settlement for cost of work to be made as follows:
1001 The Contractor wished to use the Bridge Approach Pavement, As Per Plan price of$250/SY.
Negotiations between the City and the Contractor resulted in the Contractor proposing the PCC
Pavement, 11" item at a cost of$225/SY. The estimated final quantity for this item is 94 SY.
The negotiated price represents a savings of approximately $2,350. The total estimated final
cost for this additional item is $21,150.00.
Change Order No. 1 Contract No. 950 Mjzetl 78DO2200
1002 The Contractor's unit price for Concrete Repair is $400/SF. The repair area was originally
planned to be 9 SF, for a total cost of$3,600. Upon further investigation, the estimated repair
area is 50 SF, which would have produced a final cost of$20,000 at bid price. Negotiations
between the City and the Contractor resulted in the Contractor proposing Structural Concrete
Repairs at a cost of$5,000/CY. The final estimated barrier rail quantity is 1.5 CY for a cost of
$7,500. This negotiated price represents a savings of$12,500. The total estimated final cost
for this additional item is $7,500.
1003 The Contractor's unit price for Concrete Repairs is $400/SF. The repair area was originally 2
SF for a total cost of$800. Upon further investigation, the final area is roughly 28 SF, which
would have produced a final cost of$11,200 at bid price. Negotiations between the City and the
Contractor resulted in the Contractor proposing Donald Street Abutment Concrete Patching at a
unit cost of$250/SF. With a final patching quantity estimated at 28 SF, this negotiated price
represents a savings of$4,200. The total estimate final cost for this additional item is $7,000.
1004 The Contractor's unit price for Concrete Repairs is $400/SF. The repair area was originally 10
SF for a total cost of$4,000. Upon further investigation, the total repair area is estimated at 110
SF, which would produce a final cost of$44,000 at bid price. Negotiations between the City and
the Contractor resulted in the Contractor proposing Bishop Avenue Concrete Patching at a unit
cost of$200/SF. With a final repair quantity estimated at 110 SF, this negotiated price
represents a savings of$22,000. The total cost for this additional item is $22,000.
1005 The Contractor's unit price for Concrete Repairs is $400/SF. The repair area was originally 10
SF for a total cost of$4,000. Upon further investigation, the total repair area at this site is
estimated at 30 SF, which would produce a final cost of$12,000 at bid price. Negotiations
between the City and the Contractor resulted in the Contractor proposing Ridgeway Avenue
Concrete Patching at a unit cost of$275/SF. With a final repair quantity estimated at 30 SF, this
negotiated price represents a savings of$3,750. The total cost for this additional item is
$8,250.
TOTAL INCREASE $65,900.00
BY: MINTURN, INC.
Mayor Date CONTRACTOR
BY:
Date
ATTEST:
TITLE:
City Clerk Date APPROVED:
City Engineer Date
Change Order No. 1 Contract No. 950 Mjzel79*2200
CITY OF WATERLOO
Council Communication
Board of Adjustment minutes ofApril 24, 2018.
City Council Meeting:7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
Plar)rn'pr)g;& Zonkig Schroeder, uric Approved /17/2018 ... 10.30 AM
t]errk Off-we fIng))y, 1" ar�cy Approved 6/2I/.2018 ... 10-55 ANI
ATTACHMENTS:
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BOA.irrr:iru fts 4/24/18 (.`over Merflo
SUBJECT: Board of Adjustment minutes of April 24, 2018.
Submitted by: Submitted By:
Page 180 of 200
MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD
ON APRIL 24, 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: Brad Condon, Jeri Thornsberry,John Beckman, and
John Chiles. Absent: Sandy Goldsberry. Staff in attendance was: Chris Western,John Dornoff, and
Aric Schroeder.
I. Approval of the agenda April 24, 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. March 27. 2018.
Condon asked to have the wording"and would not set a precedence" added to his remarks in
the minutes in reference to the variance request allowing the Boys and Girls Club to be 7 stalls
short of the minimum stalls required.
It was moved by Beckman,seconded by Chiles to approve the minutes of the March 27, 2018
Regular Meeting as amended. Motion carried unanimously.
III. Decision Items
1. Request by Nagle Signs on behalf of Kirk Kuhn Chiropractic for a variance to the self-
illuminating/flashing parts sign regulations to allow for the replacement of an
existing 18 square foot backlit sign with a new 18 square foot self-illuminating sign in
the "R-4" Multiple Family Residence District at,located at 1115-1125 W. 4th Street.
Western gave staff report. Board member John Beckman asked if the structural positioning
would change and what side of the sign will have the digital sign. Scott Kane of Nagle Signs
stated that the sign will stay in the current location and that the new sign will be on the Cedar
River side or facing West 41h Street. Beckman also asked what would happen if W. 41h Street
became a two way street.Western stated that the applicant could apply for a variance to have a
second digital sign installed on the other side of the sign. Board member John Chiles stated he
lived in the area and did not have a problem with the request but was concerned about future
sign variance requests and wanted to make sure that future requests continued to be thoroughly
reviewed. Schroeder agreed with the statement, stating that there have been discussions in the
past as to whether the ordinance should be amended to allow digital signs without applying for
a variance. However, it was decided that all signs should continue to be reviewed on a case by
case basis because they can sometimes be in proximity to residential properties and have a
negative impact.
It was moved by Beckman,seconded by Chiles to approve a variance request by Nagle Signs
on behalf of Kirk Kuhn Chiropractic to the self-illuminating/flashing parts sign regulations
to allow for the replacement of an existing 18 square foot backlit sign with a new 18 square
foot self-illuminating sign in the "R-4"Multiple Family Residence District at, located at
1115-1125 W. 4th Street. Motion Carried unanimously.
Page 181 of 200
BOARD OF ADJUSTMENT
April 24,2018 Minutes
2. 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 retirement
complex to be redeveloped and to allow for the redevelopment of the existing,
retirement home community with construction of approximately 211,968 sf of total
structures Located at 600 Park Lane.
Western gave staff report. Thornsberry asked for clarification on the difference between
cottages and duplexes.Western stated that it appears that they are interchangeable terms.
Beckman asked if the redevelopment will include Village Place.Western stated that it will
not. Beckman asked if Village Place is associated with Friendship Village. Mike Young
attorney for the applicant explained that Village Place is a part of Friendship Village but is
not a part of the project.Also,the project will be done in phases over the next 3 years
starting in 2019. Condon asked for clarification on the relocation process during
construction. Lisa Gates CEO for Friendship Village stated they have stopped selling units at
the Friendship Village facility and that current residences have the option of moving to a unit
in Village Place or move to the new facility. Thornsberry asked for clarification on how the
units are sold. Ms. Gates stated they are currently taking deposits that are refundable and
that in mid-June they will have the collateral and material to sell units and will begin to then
take 10% deposits at which time the buyer can then choose a unit based on the deposit date.
When 75% or 55 units are pre-sold then construction will begin. Thornsberry asked when
the current residence would have to move. Ms. Gates stated that the current residence will
be offered a like size unit in Village Place during construction and once construction is
complete can move into the new unit or stay at Village Place and that the goal is to minimize
the stress as much as possible. Thornsberry indicated that she was very pleased to see this
type of development in Waterloo and that it is much needed. Chiles thanked the applicants
for reinvesting in the community and that he has taken his students from UNI to perform at
Friendship Village and feels that the residents were very appreciative and that facility is well
run.
It was moved by Thornsberry, seconded by Chiles to approve the 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 retirement complex to be redeveloped and to allow for
the redevelopment of the existing, retirement home community with construction of
approximately 211,968 sf of total structures Located at 600 Park Lane. Motion Passed
unanimously.
Discussion
None
IV. Adjournment
It was moved by Beckman,seconded by Thornsberry, to adjourn the meeting at 4:32 p.m. Motion
carried unanimously.
Sincerely,
Chris W. Western
Planner II/Brownfield Coordinator
Page 182 of 200
CITY OF WATERLOO
Council Communication
Planning, Programming& Zoning minutes of April 3 and May 1, 2018,
City Council Meeting:7/2/2018
Prepared:
REVIEWERS:
Department Reviewer Action Date
lllarnrt'irgg'& Zorkig ipngpgp:ry, Nmey Rejected 6/1I/201 ... 9-44 AM
Pbrnmtntmg3& Zonu ii ; Magee, Pattie Approved 6/2I/.2018 ... 9.46 AM
Plmnt ng& Zoning Schroeder, uric approved (5/27/2018 ... 9-52 AM
( erk Ofiwe ipigmi)y, 114tmtncy A.pproved 6/27/2018 10.0p AM
ATTACHMENTS:
Description Type
P&Z niin i,ites 4/:3/18 (:"oNleir Memo
o
P&Z minitta:s of'511./i.8 Covc.r Me.nnmmt
SUBJECT: Planning, Programming& Zoning minutes of April 3 and May 1, 2018.
Submitted by: Submitted By:
Page 183 of 200
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING AND ZONING COMMISSION
REGULAR MEETING- 4:00 P.M. April 3, 2018
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Holdiman at 4:03 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall.
Members present were: Flynn, Holdiman, Tyson, Donat, Miehe, Buttgen, Castle and Wilber.
Members absent were: Hall.
Others present: Noel Anderson, Aric Schroeder, Tim Andera, John Domoff and Seth Hyberger—Planning
Department and 20 citizens.
I.Approval of the Agenda
It was moved by Donat, seconded by Miehe to approve the agenda. Motion carried unanimously.
Approval of the Minutes from the Regular Meeting on March 6, 2018 Regular Meeting
It was moved by Flynn, seconded by Tyson to approve the minutes of the March 6, 2018 meeting.
Motion carried unanimously.
IL Financial Report: February 2018
Anderson gave the staff report and noted that revenue is a little ahead while costs are remaining below
11I.0ral Presentations
No Oral Presentations
IV.New Business
A. Hearings-Rezones
1. Request by Embankment LLC to rezone 0.87 acres from "R-4, C-Z" Multiple Family Condition
Zoning District to "C-2" Commercial District for the purpose of building a 7,513 square foot retail
center, located west of 1203 West Ridgeway Avenue.
Fred Miehe stepped away due to conflict of interest.
It was moved by Tyson and seconded by Buttgen to receive and place on file the statement of
verification at 4:10 p.m. Motion carried unanimously and Holdiman declared the hearing open.
Dornoff gave the staff report recommending approval of the rezone with the following conditions: 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 and 6) sidewalk on Ridgeway will be
deferred until the City of Waterloo Traffic Department completes its traffic study of Ridgeway Avenue
and sidewalks on Ansborough and Dixon will be reviewed.
Page 184 of 200
Planning and Zoning Commission
April 3,2018
Donat asked if we are going to have the same issues as when Casey's proposed a convenience store at the
location to which Dornoff replied that a convenience store is a much more intensive use that the retail
center now being proposed.
Buttgen asked about condition 4 angled parking which she noted is not on their site plan to which
Dornoff responded that the site plan has not been updated since that condition was added late last week.
Holdiman asked about level of service to which Schroeder explained what level of service entails.
Wilber asked if the ordinance specified the number of spaces for employees, if there is parking on Dixon,
and if there will be an entrance/exit directly onto Ridgeway, and if there was concerns about traffic
turning onto southbound Ansborough to Ridgeway; to which Dornoff responded that for retail it specifies
a total number of spaces per square footage but no requirements for employees, that there is on-street
parking on Dixon Drive, that there will be a driveway onto Ridgeway where an existing curb cut exists,
and that the traffic engineer did look at the
Buttgen commented that she wants to know who designates streets because Ridgeway does not appear to
be a minor arterial and asked about the Ridgeway traffic study to which Dornoff responded that the City
of Waterloo Traffic department received a grant to look at the future of Ridgeway which could include 3
lanes, four lanes, or some other type of configuration. Buttgen says she does not feel that turning
Ridgeway into three lanes makes since.
Dornoff also commented that there was one phone call on the request from a Waterloo resident whose
mother lives nearby who supported the retail center but did have concerns about traffic.
Flynn asked if a medical building could locate there to which Dornoff responded yes.
Donat stated that he has the same concerns about traffic that he would if it was a Casey's to which
Anderson responded that a traffic study was done at the time of the Casey's request a traffic study was
done that the Traffic Engineer had concerns about that study, he make some recommendations about the
request but felt that the current proposal will work with the conditions added in his professional opinion.
Tyson also noted that he as concerns about traffic to which Flynn responded that there was once a bank
there so there was already traffic going in and out of that location.
Thorson the City Engineer stated that he was under the impression that a turn lane from southbound
Ansborough Avenue to Dixon Drive was going to be a condition and that the Engineering department
also supports that to which Anderson responded that the email sent by the traffic engineer recommends
something the city should look at not a developer responsibility.
Dennis Hogan, 549 Sunset Road a member of Embankment LLC, gave a history of the site noted that it
has been empty for some time losing money for the LLC and the city so they created the retail project.
Karen Johnson, 1234 Ridgeway which is Open Water Properties, thanked Mr. Hogan for changing the
approach from the convenience store proposal supports the smaller businesses, but primary concern is
traffic on Ridgeway.
Dale Halverson, 1222 W. Ridgeway, asked if it had been discussed to eliminate the Ridgeway entrance
that they are concerned about and the traffic pollution to which Hogan responded that there has been no
thought to eliminating the Ridgeway entrance.
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Planning and Zoning Commission
April 3,2018
Russell Huffman, 1124 W. Ridgeway, 5 businesses are worse than Casey's, traffic is sometimes backed
up on Ansborough to Hy-Vee, is against the development and rather see a duplex there.
It was moved by Wilber, seconded by Flynn, to close the hearing. Motion passed unanimously.
Buttgen said she agrees with last person that 5 businesses worse than one, her daughter will use San
Marnan instead of using Ridgeway.
Donat asked staff if the traffic problems with the site will be addressed through the conditions set forth in
the staff report to which Anderson answered that three conditions do deal with traffic to the site.
Buttgen asked for clarification on the traffic study since the staff report stated that the developer would
not be doing a new traffic study. Schroeder responded that there was a traffic study done with Casey's
was proposing to locate at the site and the traffic study currently under way is looking at the entire
Ridgeway corridor.
Donat and Tyson called for a sidewalk to be installed on Ridgeway.
Buttgen asked if there is going to be issues with both a drive-thru and parking exit onto Dixon Drive.
Donat asked what type of businesses are possible for the site. Fred Miehe representative of the developer
stated that there may not necessarily be 5 separate occupants as a business may take two or three spots,
but right now there is a coffee company interested in the east suite and a couple of ice cream companies
interested in the west suite. Other types of businesses could be an Edward Jones, another bank, sub shop
or similar types of businesses.
Buttgen asks Miehe if he felt that traffic would increase due to this development to which Miehe
answered that the problems will not be solved by this development and its nots the planning
commission's job to solve traffic problems and traffic problems are something we want to have in
Waterloo.
Flynn said that with this development it is less likely that they will reduce Ridgeway to 3 lanes. Anderson
noted that when Kimball was looked there was a 3-lane and a 5-lane option with the 5-lane option
chosen.
Buttgen asked if a 5-lane option is chosen for Ridgeway is there enough room for this development.
Flynn asked if that will affect the MidAmerican easement. Anderson answered that there is right of way
on both sides so it would depend on how the 5-lane was designed and that the MidAmerican easement is
on the east side of the property not along the north side.
Donat states that this is for a rezone and that is what should be discussed with Schroeder responding that
because this area does not be to be platted and that a"C-2" designation is not site plan specific this item
will probably not come back to the commission.
Buttgen comments that she wants to thank Hogan and Miehe for this proposal and is in favor of
increasing the tax base but traffic will need to be rectified.
It was moved by Buttgen, seconded by Flynn to recommend the approval of the rezone with the
conditions that 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%ar 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 and 6)
sidewalk on Ridgeway will be deferred until the City of Waterloo Traffic Department completes its
traffic study of Ridgeway Avenue and sidewalks on Ansborough and Dixon will be reviewed. Motion
passed 6-0 with Castle abstaining.
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Planning and Zoning Commission
April 3,2018
Miehe returned to the commission.
2. Request by the City of Waterloo to rezone two lots from"A-1" Agricultural District to "R-2"
One and Two Family Residence District located adjacent to 5050 Foulk Road,just south of
Shaulis Road.
It was moved by Wilber and seconded by Donat to receive and place on file the statement of
verification at 5:00 p.m. Motion carried unanimously and Holdiman declared the hearing open.
Andera read the staff report recommending approval of the rezone.
Donat asked if the Zoning Code prohibits buildings in the flood plain, to which Andera answered that
you can build in the flood plain but the building must be 1-foot above the base flood plain elevation.
Anderson noted that the flood plain regulations for the City of Waterloo are contained in the Zoning
Ordinance and they have to be approved by the Iowa Department of Natural Resources (DNR) and the
Federal Emergency Management Agency(FEMA).
Buttgen stated that looking at the pictures from the 2008 flood that she has concerns about houses being
built there as it looks like the land is not that much higher than the flood water. Anderson noted that
many city parks including Lloyd Randall Park serve as detention areas for water during high water
events.
Buttgen referred to the pictures and asked if there would be building houses to which Andera answered
that is where the lots are located. Castle asked if the pictures were taken from the Park looking to the
back of the lots to which Andera confirmed.
Wilber asked if they did not get a Letter of Map Amendment(LOMA) would they be required to have
flood insurance and would they be able to put in a basement to which Andera answered that yes they
would require flood insurance but that is up to the financial institution and they may not be able to have
basements in this area.
Flynn asked if there were people interested in the lots and confirms that the commission is only looking
at the rezoning of those lots to which Andera confirmed that yes it is only the rezone.
Lori Mc Intyre, 5137 Foulk Road, says that the pictures had to be about a month after the flood as there
was a lot of water there, and the park is not a detention pond, and all the water from the US Highway 218
side comes through there, and asked if they were going to be allowed to build up to which Schroeder
responded that building up was an option to get the lots out of the flood plain but at this time they are
only changing to zoning to make selling the lots an option.
Mc Intyre further comments that during the flood of 2016 you could not drive down the streets but
thanked the mayor for coming out and seeing the situation but in 2008 it was some time before you could
even drive down the street because the area was forgotten by the city. However, they do not care if
someone builds houses because another neighbor would be great,just concerned about the land being
built up plus the sewers need to be changed out as there is no capacity. Also the ditches need to be
cleaned out. Flynn told Mc Intyre that she should take here pictures to the mayor and show him the issues
because the Planning Commission cannot do anything about the ditches.
It was moved by Flynn, seconded by Tyson, to close the hearing. Motion passed unanimously.
Castle said she would make a motion to approve but as a commission the concerns of the neighborhood
need to be voiced.
It was moved by Castle, seconded by Castle to recommend approval of the rezone. Motion carried
unanimously.
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Page 187 of 200
Planning and Zoning Commission
April 3,2018
B. Plats
1. Request by Hope M. Anderson for the preliminary plat of Paradise Estates, a 210-lot residential
subdivision located adjacent to 5805 Kimball Avenue,between Kimball Avenue and Highway 21,
and north of E. Orange Road.
Hyberger read the staff report recommending approval of the preliminary plat with the conditions that 1)
that the preliminary plat meets all applicable city codes, regulations, etc. Including, but not limited to
parking, landscaping, traffic plan, screening, drainage, etc. 2) a traffic study will be required for the
proposed plat area prior to the submittal of the final plat. 3) an updated Preliminary Plat is submitted to
City Staff for review before the plat is submitted to City Council for final approval.
Donat asked about the list of items that needed to be taken care of before the plat is moved on to city
council to which Hyberger and Schroeder note that many of the items have been taken care of and that
many of the items brought up by engineering are minor check box items that have been taken care of or
will be before the plat goes to council.
Buttgen asked if the second reading for the rezone had passed to which Anderson confirmed yes.
Donat asked if the subdivision will have sidewalks to which Schroeder responds that yes, they will be
required to have sidewalks on all street frontages on both sides of all roads in the subdivision.
Buttgen asked of pedestrian improvements are going to made and supports having traffic study.
Wilber asked if there is going to be detention basins in the development to which Hyberger answers that
there will be detention basins in Tract's B, C, and D.
Flynn noted that the original plat submitted had a 210 lots, now it is 209 lots with 9 tracts and wondered
what they were to which Schroeder responded that Seth had already mentioned what 3 of the Tracts were,
one Tract is for the sidewalk path to Orange, the streets themselves are listed as Tracts, Tracts E and F
are for future development and would be platted in the future.
Buttgen asked about the road going to the north that dead ends and if that was for development in the
future to which Schroeder noted that the subdivision ordinance requires that roads be designed to connect
to future developments whether or not the adjoining property owner has any intention of ever subdividing
that property.
Wilber asked if the developer had a timeline for a traffic study and if it could be done in the next month
to which Schroeder responded that the applicant wants to get the preliminary plat approved before
starting the traffic study because if there is any changes required to the preliminary plat that could
consequently affect the traffic study but the traffic study could be done in the next month but the
applicant could answer that question further.
Alex Bower, Fehr Graham Engineering and Environmental representing the applicant, stated that the
preliminary plat represents how the applicant would like to develop the land to make it great for the
homeowners and the City of Waterloo and be an example of how others will develop their land. Lots
behind Crossroads are approximately 55' X 140' or 0.17 acres while this development has a 75'
minimum width with the smallest lot size being 0.24 acres. Applicant favors the traffic study but cannot
move forward in case there are changes to the preliminary plat.
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Planning and Zoning Commission
April 3,2018
Buttgen asked about the road to the north to which Bowers responds that it is required that they offer a
connection whether or not there are in plans now or in the future for development.
Flynn asked for Bowers to confirm that there will be two accesses off of Kimball, to from Orange and
one from Iowa Highway 21 to which Bowers confirms.
Jerold Quint, 5624 Kimball Avenue, lives across from the development, feels that the lots on the south
side of Paradise Boulevard is too small and would like to see transition from his larger lots down to the
smaller lots.
Arthur Muller, 320 W. Orange Road, there is other developments that are around 40 acres but this is
almost 3 times the size of those developments. Muller further stated that there is a stamp that says no
negative effects from planning that don't live out there to which Wilber responds that she does live out
there with Muller responding what would be a negative effect. Anderson answers that a negative affect
would probably be putting 12-plexes, something that does not match the Comprehensive Plan. Also notes
that it is hard to say it will have a negative impact when the development will have low density housing
with is already out there and low density is defined as 6 units per acre and this development proposes
approximately 1.62 units per acre. Also noted that it is compatible with the school, a school that the
neighborhood wanted to stay in that neighborhood and also notes that he himself lived out there for 25
years.
Barbara Henning, 138 Sidehill Drive, asks if the materials the commissioners have different from the
information on the website and wants to know if the lots were cut down and wants access from the
development to Orange School. She points out to a subdivision in Cedar Falls that ties nicely into the
neighborhood and if there is no vehicle and pedestrian access the traffic study doesn't work. Bowers
responds that the major change from the previous plat to this plat is that the through street was changed
and the minor items from engineering were taken care of. Bowers also noted that they had not been
approached by the school to find ways to blend in.
Bowers asked for quiet in the room while he was talking.
Bowers said it would take some time for a project this size to develop. A 40-acre development would
probably be about 5-years and it will be at least 3 years before the area around the school is developed.
There is an open door policy with the city and the schools.
Flynn noted that she is the Waterloo School Board representative on the commission and she had talked
to the superintendent of the public schools Jane Lindamen who had no concerns about the development.
Bowers stated that access to the school was considered at the start of the process but there is also security
concerns so it may end up being a timed lock system to access the school grounds and do expect parents
to use road "C" for stacking during pick up times. Bowers also discussed the possibility of a school bus
access point to Paradise Estates to eliminate buses using the main Kimball entrance and exit but Bowers
pointed out that even if you did route them into Paradise Estates they will still need to turn onto Kimball.
Donat stated that he represents the Waterloo Commission on Human Rights and asked if there would be
equal opportunity for all people to live at the development and there will be no discrimination issues to
which Bowers responded it will be equal opportunity for all noting that the wider you make the lots the
harder it will be for people to afford the housing. The original Orange subdivision was done as a rural
subdivision but now this is becoming an urban area.
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Planning and Zoning Commission
April 3,2018
Wilber stated that she was still concerned about the traffic study and asked when it will start to which
Bowers answered that the city council could still change the plat but once it is approved and through the
city council Fahr Graham will have its notice to proceed with the traffic study and the timeline for the
traffic study is 4 to 5 weeks. Wilber then asked when the preliminary plat could be approved by city
council and does it need a number of readings to which Schroeder answered that it does not require
multiple readings and once the minor things are changed then it could proceed in a couple of weeks if it
does not make it by April 16th it should be on the April 30th agenda.
Robert Davis, 111 Sidehill Drive, asked if they will be single family homes or duplexes, will they be one
story or two stories, and will be they be owner occupied to which Schroeder answered that the City of
Waterloo cannot restrict it being a rental as would be considered discrimination, that the City of Waterloo
does not have a zoning district that is restricts to single family so duplexes can be built although the
developer could restrict the development to single family homes by putting that in the covenants that go
along with the deed of dedication, and the type of home whether one or two stories and the amount of
square feet will often be in the restrictive covenants.
Niki Maas, 113 Lichty Boulevard, lots 26 and 27 have no road access, what is the purpose of those lots to
which Bowers responded that originally there was 12 lots loading on Orange and after discussions with
city staff it was determined that homes on the west side of Kimball load on Orange and these will too and
then explained that loading means their driveways will be off of Orange.
Mike Henning, 138 Sidehill Drive, stated Orange does get 8 to 12 buses but they do not all come at once
so the buses cause traffic to back up. He then asked what the plan was for sidewalks on Kimball Avenue
to which Schroeder responded that all street frontages of the development must have sidewalks and that
includes Kimball Avenue and Orange Road. Henning is also concerned about other safety issues such as
the hills along Kimball where Paradise Boulevard will meet and hope it is part of the study results. Need
a connection of the sidewalk for lady in wheelchair that lives on Lichty Boulevard and to the nearby
church which is the emergency route for the school. Flynn pointed out there is other schools where the
students have to walk through fields on their emergency route.
Henning also noted that the plat now says lots will be from a quarter acre to a half acre. Noted that the
current plan for the pedestrian access with Tract"G"would not access the school well and the school
would have to change its release policy. Further noted that there is 6 lots and 2 Tracts that are in the 100
year flood plain, has concerns about how the drainage is designed on the plat, why there is not boulevards
at all entrances, staff report doesn't talk about vehicle traffic only fewer- kids being bussed, is the
sidewalk heading north from Orange be extended past the old house that is owned by the school,pictures
in the staff report have the wrong captions including one that says commercial so wanted to know if
commercial was till part of the proposal, will the homes along Kimball be able to have a driveway onto
Kimball, and where will construction traffic come and go from. Flynn points out that about 40% of the
students at Kittrell walk to school; Anderson stated that it is up to the developer if they want boulevards
and current regulations require a driveway off the less traveled street without a variance; and Schroeder
points out the pictures were from the initial submittal of the plat when the first rezone was proposed that
included commercial.
Donat asks if the photographs are provided by the applicant to which Anderson answers they are taken by
staff as they go out and look at each site.
Monique Walters, 5404 Kimball Avenue, is against development using agricultural land with a CSR
rating of 97, traffic concerns including preventing future fatalities, the two tracts that were originally go
to be commercial are not platted out as residential and once this land is platted the developer can come
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Planning and Zoning Commission
April 3,2018
back and request a rezone and the existing neighbors will not be notified, would like to see traffic study
include Ansborough along with the entrance to Paradise Boulevard and how that will relate with the hills,
and concerned that her home will be dwarfed by a huge home on lot 85. Anderson responded that as a
recognized neighborhood Orange will receive notification if they were to propose a rezone of the tracts
along Iowa Highway 21.
Bowers responded that the two tracts along Iowa Highway 21 are not designed to be built on, they can
only be transferred. Anderson asked if Bowers had been in contact with the traffic engineer and would
the intersection of Paradise Boulevard and Kimball along with Ansborough be included in the traffic
study to which Bowers answered he has been in contact with the traffic engineer and the Paradise
Boulevard and Ansborough would not be included in the study and that typically with the final plat site
triangles have to be looked at so that should cover Paradise Boulevard and Ansborough.
Buttgen asked if the two tracts along Highway 21 were left empty due to the possibility of a the trail
along that road to which Anderson responded that there is plenty of public right-of-way along the
highway so they should not need to use in private land and also noted that Tract"D"which is the
detention basin could also have a trail around it.
Wilber stated that there is a timing issue with the traffic study since there is only two more months before
school is out and that is only considering the elementary school and Hawkeye traffic also needs to be
looked at. Bowers notes that the traffic study will use data collect by the Iowa Department of
Transportation (IDOT) and would not include new numbers. Castle asks for clarification from Bowers
that the traffic study will include numbers from a traffic study previously done by IDOT to compile the
study. Bowers responds that IDOT does a traffic study every 5 years in communities and Waterloo was
done in 2017.
Buttgen left at 6:53pm
Mike Henning stated that after talking to Greco and Elahi, he was under the impression that they would
be collecting new numbers for the traffic study.
Flynn said that she has certain concerns about the plat but they will not cause here to vote against the
plat. She also felt that a good outcome from the process was having a new neighborhood association in
the city.
Castle asked if would be appropriate to add to the conditions that the traffic study include looking at sight
lines since it was brought up multiple times.
Donat asked if Ansborough and Hawkeye Community College should be added to the study.
Anderson said he thought Hawkeye was included in the study and check with the traffic engineer to see if
he feels that looking at Hawkeye is necessary.
It was moved by Flynn, seconded by Donat to recommending approval of the preliminary plat with the
conditions 1) that the preliminary plat meets all applicable city codes, regulations, etc. Including, but
not limited to parking, landscaping, traffic plan, screening, drainage, etc. 2) a traffic study will be
required for the proposed plat area prior to the submittal of the final plat 3) an updated Preliminary
Plat is submitted to City Staff for review before the plat is submitted to City Council for final approval.
Added to the staff conditions were that the traffic study includes looking at sightlines and traffic
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Planning and Zoning Commission
April 3,2018
conditions on Ansborough and Hawkeye Community College at the discretion of the traffic engineer.
Motion carried unanimously.
C. Discussion
Castle announced that this would be her last meeting as she has accepted a job outside of Waterloo.
It was moved by Miehe, seconded by Flynn to adjourn the meeting at 7.00pm. Motion carried
unanimously.
Respectfully submitted,
f
John Domoff,
Planner I
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Page 192 of 200
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING AND ZONING COMMISSION
REGULAR MEETING- 4:00 P.M. MAY 1, 2018
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Holdiman at 4:01 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall.
Members present were: Buttgen, Donat, Holdiman, Miehe and Tyson.
Members absent were: Flynn, Hall and Wilber.
Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, John Dornoff and Seth
Hyberger—Planning Department, and eight citizens.
I.Approval of the Agenda
It was moved by Miehe, seconded by Donat to approve the agenda with the removal of Item DI at the
request of the applicant. Motion carried unanimously.
Approval of the Minutes from the Regular Meeting on April 3, 2018.
It was moved by Tyson, seconded by Buttgen to approve the minutes of the April 3, 2018 meeting with
correction of some minor grammatical errors. Motion carried unanimously.
IL Financial Report: March 2018
Schroeder gave the financial report and everything appears to be on target for this point of time of the
fiscal year.
It was moved by Donat, seconded by Buttgen to receive and place on file the financial report for
March 2018. Motion carried unanimously.
IILOral Presentations
No Oral Presentations
IV.New Business
A. Hearings-Rezones
1. Request by Michael Dahl and Brian Kennett to rezone 2.74 acres of land from "A-1"
Agricultural District to "R-1" One and Two Family Residence District to allow for future
residential development, located at 4245 West 4th Street.
It was moved by Miehe and seconded by Donat to receive and place on file the statement of verification
at 4:05 p.m. Motion carried unanimously and Holdiman declared the hearing open.
Andera gave the staff report and noted that staff was recommending approval of the rezoning request.
Schroeder went on record that he lives within 250' of the rezoning request and did not have any
objections to the request.
There were no questions or comments from the commission.
The hearing was closed at 4:14 p.m.
Page 193 of 200
Planning and Zoning Commission
May 1,2018
It was moved by Miehe, seconded by Donat to recommend approval of the rezone request. Motion
carried unanimously.
2. Request by Jon Crisman to rezone 2.68 acres from "R-2" One and Two Family Residence
District to "R-2,C-Z" Conditional Zoning District, to allow for the development of an auction
facility and art studio spaces, located at 1721-1729 Mulberry Street.
It was moved by Donat and seconded by Buttgen to receive and place on file the statement of
verification at 4:15 p.m. Motion carried unanimously and Holdiman declared the hearing open.
Western gave the staff report indicating staff was recommending approval with the conditions that 1)
there is no outside storage on the former school site or parking lot to the south, 2) that the property be
limited to an auction facility, art studio spaces and continued use of a religious facility, and 3) that
sidewalk is constructed along the east side of Vinton Street south of Mulberry Street to the south property
line of the parking lot parcel.
Donat questioned if the building was historically significant. Dornoff indicated that the building is not
historically significant based on information that is on file. Donat questioned if they could then make
alterations to the building. Schroeder stated that if the building is locally designated as a historical
structure, then any outside alterations would need to be reviewed by the Historic Preservation
Commission.
Wayne Heath, 205 Rhey Street, mentioned that he was concerned about outside storage and not wanting
this property to turn into a retail business. Heath then questioned if they could build houses or
apartments. Western indicated that the "C-Z" Conditional Zoning is specific to the uses mentioned in the
conditions and if it was proposed to change the use of the property and structures, those proposed
changes would have to be reviewed by the Planning and Zoning Commission and City Council.
Jon Crisman, 1205 Higby Drive, Cedar Falls, noted that he was the applicant and he has no intent to store
any items or materials outside or operate the site as a retail business. Crisman said that he meets with
clients by appointment only and his business mostly focuses around online auctions and then he ships
items to his customers.
Tyson questioned if the church was still there. Crisman said he would like to lease back the church to
Ambassadors for Christ, however, if they were to leave, he would look to find another religious body to
occupy the building.
The hearing was closed at 4:26 p.m.
It was moved by Tyson, seconded by Donat to recommend approval of the rezone request with the
conditions that 1) there is no outside storage on the former school site or parking lot to the south, 2) that
the property be limited to an auction facility, art studio spaces and continued use of a religious facility,
and 3) that sidewalk is constructed along the east side of Vinton Street south of Mulberry Street to the
south property line of the parking lot parcel. Motion carried unanimously.
B. Special Permits
1. Request by Abdulah Skrgic and Jamaat Kewser for a special permit to convert 1,880 SF of retail
space into a religious facility, within a"C-2" Commercial District, located at 1945 East Mitchell
Avenue.
Dornoff read the staff report, noting that staff was recommending approval of the special permit with the
condition that a public sidewalk is constructed along East Mitchell Avenue. Dornoff indicated that the
purpose of the sidewalk was to allow worshipers to park in the parking lot to the east of the mall and
walk back to the rear of the building where the entrance to the religious facility would be located.
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Page 194 of 200
Planning and Zoning Commission
May 1,2018
Donat questioned if the parking concerns have been addressed. Domoff stated yes, and there are 163
parking stalls on the site and a total of 160 parking stalls are needed for all the uses within the mall.
It was moved by Buttgen, seconded by Miehe to recommend approval of the special permit with the
conditions that a public sidewalk is extended along East Mitchell Avenue to connect the parking lot to
the east of the mall to the rear parking lot of the mall where the access to the religious facility would
be located. Motion carried unanimously.
C. Plats
1. Request by the City of Waterloo for a minor plat of Parcels "B" and"C" of Triangle Terrace
Subdivision, located adjacent to 5050 Foulk Road, for the purpose of creating a two lot
residential subdivision.
Andera gave the staff report indicating that staff was recommending approval of the minor plat and noted
that at last month's meeting the commission recommended approval to rezoning the two properties from
"A-1" Agricultural District to "R-2" One and Two Family Residence District.
There were no questions or comments over the request.
It was moved by Miehe, seconded by Buttgen to recommend approval of the minor plat. Motion carried
unanimously.
D. Vacates
1. Request by the City of Waterloo to vacate a 25'x 300' (7,500 SF)portion of the 1500 block of
Bluff Street right-of-way, located between West 13Th Street and West 14th Street.
Hyberger gave the staff report, noting that staff was recommending approval of the vacate request as it
would not appear to negatively impact the area or traffic conditions in the area.
Donat question if the recent vacate request next to 326 West 17th Street has gone to the City Council.
Schroeder indicated that it has not due to the request not meeting the sale of property policy.
Holdiman questioned why we are vacating this street. Schroeder noted that the vacate is intended to
encourage future development in this area, as there are some vacant properties that abut the road, and the
City has obtained the house at the corner of Bluff Street and West 10' Street through the 657A state code
process.
Buttgen questioned if the road is vacated, will it be barricaded off. Schroeder noted that could be
discussed and there are no plans to remove the road at this time when it is fully vacated.
Miehe questioned if the parcel midblock was being landlocked. Schroeder noted that the party that owns
that lot owns the one at the corner of Bluff Street and West 13th Street, so there are no concerns regarding
that.
It was moved by Tyson, seconded by Miehe to recommend approval of the vacate request. Motion
carried unanimously.
E. Discussion
There were no discussion items.
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Page 195 of 200
Planning and Zoning Commission
May 1,2018
It was moved by Donat, seconded by Buttgen to adjourn the meeting at 4:47 pm. Motion carried
unanimously.
Resbectfully submitted,
Tim Andera,
Planner 11
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Page 196 of 200
CITY OF WATERLOO
Council Communication
Waterloo Water Works Board of Trustees meeting minutes of June 20, 2018.
City Council Meeting:7/2/2018
Prepared: 6/22/2018
REVIEWERS:
Department Reviewer Action Date
Water Works Mahler, Matt. Approved /22/201 ... 10.00 AM
t]errk Off-we tpnz a)y, 1" ar�cy A.pproved 6/25/2018 ... 5Y7 PM
ATTACHMENTS:
Description Type
d:..,,p, t:.., NC.:�"FI( E OF MINLFTES FOR (.'()pJMp°R Covet Melalo
Jurie,2018
SUBJECT: Waterloo Water Works Board of Trustees meeting minutes of June 20, 2018.
Submitted by: Submitted By:Matt Mahler. General Manager
Page 197 of 200
Board of Water Works Trustees held their regular meeting on
Wednesday, June 20, 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 May 16, 2018; the Monthly Financial Report; the Revenue and Expense
Summary; a report on insurance policies and premiums with resolution to authorize
purchase of policies and payment of premiums; a resolution to cause $2,865.00 for
service line repair to be assessed to the property taxes of 620 Fowler Street; a
resolution to cause $3,250.00 for service line repair to be assessed to the property
taxes of 409 Independence Avenue; a resolution to cause $1,564.00 for pave box
repair to be assessed to the property taxes of 636 Hickory Street; a resolution to
approve Change Order No. 1, completion of project and acceptance of public
improvements for the Fitzway Drive and Galactic Drive Extensions Project; a
resolution to approve a water main extension to serve the Village West 2"d Addition
Development; a motion to receive and place on file proof of publication of notice of
public hearing for the Upton Avenue Water Main Loop from Coachman Drive to
Christensen Road Project, to open the public hearing, a motion to declare the hearing
closed with no written or oral objections, a resolution to proceed, a motion to receive
and place on file the bids as received, opened and read aloud on June 14, 2018, a
resolution to award the contract for the project to Dave Schmitt Construction
Company; a motion to receive and place on file proof of publication of notice of public
hearing for the Well 21 Electrical Improvements Project, to open the public hearing, a
motion to declare the hearing closed with no written or oral objections, a resolution to
proceed, a motion to receive and place on file the bids as received, opened and read
aloud on June 14, 2018, a resolution to award the contract for the project to KW
Electric, Inc.; a resolution approving preliminary specifications, bid documents, etc.,
setting the date of Public Hearing as the July 2018 Board of Trustees meeting for the
Martin Luther King Jr. Drive Water Main Extension 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 Letter of Agreement regarding the 28E Agreement
Raymond North Water Main Looping Project, and to authorize the General Manager to
execute the appropriate documents; a motion to receive and place on file the Public
Official Bond for Mary Potter; to adjourn to Executive Strategy Meeting per 20.17,
Code of Iowa, Exempt from Chapter 21; to reconvene the Board meeting; and to set
the date of the next regular Board meeting as Wednesday, July 18, 2018 at 8:00 a.m.
Payment of the following bills:
Aable Pest Control Services 24.25
ABM Industries Services 1,041.50
Acco Unlimited Supplies 6,012.90
Advanced Systems Services 144.13
AECOM Technical Services Project 2,521.02
Al Gordon Plumbing & Heating Repairs 300.00
Allen Memorial Hospital Services 694.00
Aramark Uniform Services 254.86
Aspro Supplies 2,930.35
AWWA Membership Dues 230.00
BerganKDV Services 400.00
City of Waterloo Project 36,563.79
City of Waterloo Sewer, Garbage & Storm 1,197,902.04
Water
Clapsaddle-Garber Assoc. Services 5,510.00
Core & Main LP Supplies 2,289.90
Courier Communications Legal Ad 51.84
Electrical Engineering & Equipment Services 1,885.95
Ferguson Enterprises Supplies 188.39
Foster's Supplies 671.52
Frickson Bros. Excavating Repairs 7,250.50
Hach Co. Supplies 3,072.31
Harrison Truck Centers Supplies 175.08
Hogan-Hansen Services 856.80
Iowa Assoc. of Water Agencies Seminar 100.00
Iowa One Call Services 1,050.30
IPERS Pension 14,173.48
Kerns, Steve Reimbursement 50.00
Keystone Lab Testing 1,549.50
Kwik Trip Fuel 3,863.51
L.J.'s Welding & Fabrication Services 313.00
Larson, Travis Reimbursement 50.00
Locksperts Supplies 54.75
McDonald Supply Supplies 30.50
Menards Supplies 288.30
MidAmerican Energy Gas, Power & Electric 31,344.86
Municipal Supply Supplies 385.00
Murphy Tractor & Equipment Supplies 303.46
Napa Auto Parts Supplies 175.18
Northland Products Supplies 99.99
Northway Well & Pump Services 3,470.25
Payroll 101,301.85
Professional Office Services Services 7,240.92
Public Employees Credit Union Payroll Deduction 9,603.00
R Company Repairs 2,720.00
Radio Communications Services 126.00
Ray Mount Wrecker Services 45.00
Redfern, Mason, Larsen & Moore Legal Services 500.00
Refunds 4,833.72
Rochester Armored Car Services 238.28
Sandee's Ltd. Supplies 42.00
Schimberg Co. Supplies 958.00
Scot's Supply Supplies 49.63
Sensus USA Supplies 12,141.00
Service Signing Services 300.00
SJE-Rhombus Services 2,429.00
Snyder & Associates Services 2,295.10
State of Iowa Treasurer Sales tax 35,439.00
Sun Life Financial Insurance 7,298.84
Superior Welding Supply Supplies 13.20
Swisher & Cohrt Legal Services 240.50
Teamsters Local Union #238 Payroll Deduction 1,077.00
Titan Machinery Services 4,860.00
Wilberding, Rick Reimbursement 50.00
$1,790,319.43
WATERLOO WATER WORKS
ATTEST: Matthew L. Mahler
Secretary