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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 c a Q x rn c LU J p =3 J O mi o c am p , S'O v W N CL U p v £w z x O ■ i d Lu co Ln LL 0 w LL CL z o x W ° J i- Z W z __ �._ _� A..1 •-••- -�W O8N(1a>1-73�'N m 'N Romi to 80 NOOA_L 1 c LO ■ 1... �, �V J H M ■ �� GJ j wt�j ■ O V W o V S� L 5�v �J c G GSA V� zLU I y z d alSb'J��� �Miff I rL - O , I CO ca w ' v N7b00383a zu n z } 4-0 ��, ,.,,.. �.....I I s _J L C/) Y .W O W W cr „ , W LL [' Z W- LIC l SV3HlaON�:"aO lSH3Hl"ON W lac lo.,. .. -, o z .:co 3n v doHsia w - Ni laedweaAW �. � z Lu � m 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 II iywrr �!J'J � ��/'li, °'Ni�9 ., , i ��I'Y� t' Ul/` rh"1 rr�"'.Id sw i,", ��, i rvoiryrVi✓��, �,Ir'tlr �I; H N � pl !o ; IIIA s 7/,i V" IJ GI r /r r " Area in Question REMINGTON RD REMINGTON RD REMINGTON NEWELL ST NEWELL ST ,;,.NEWELL ST„„ ,„ NEWELL ST NEWELL ST,, NE J Exl In T F Ar �N. ✓ �, „ ,:. 6 ,ll„�/r //... ,.,earl-,. � / / ,� / �I� Nv r / w� l /,. ;4:5.1°i110� e� N NW of 4455 Remington Road 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 00'0Lol- / or ONIAlIf18 00001 03 035OdONd ON] NV "�N)Olit19"� ; a0 -'� 80d NO,1 a 1/ t s e °/J' r r % ONI?IaVd SNO1303NN00 03S0 dO2ld I 1N3WdOl3A30 38nin4 ONV luno i MOl.JL13AO 8Y3A^001 1313(10 83M35 03SO4ONd ff tr trt8 L 1 SL8 x �� 0 it ul // " „/"// r ;ll 10 Vol a /o % , r i 51, l >%�//ii//ice Jig ley Y "i, 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 https://www.grantinterface.conn/Request/Submission/LOI?request=3699716 6/5/201& 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 https://www.grantinterface.com/Request//Submission/LOI?request=3699716 6/25/2018 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 l � [R-4A-1 M-1 �� 63 - ,a°°� 0 M-2,P :> C-1 �°��° C-2 R-2;C-Z R-3% o W.RIDGEWAY AVE M-1 a p LE F INNAC 2i ATHENS DR R-4 C-Z o Sao z ww ti O� P � B-P �\P °��° CYCLONE DR G� A 4 �� O �yc R-4 a�� Ss 1 o < ❑ �^ oKIN GS,� M-1 ° R-3 QUAIL PL' ,�� f I�.J TITAN TRAIL R-4 R-Pry Q INE VIEW PL � RIDGEM 1 R-1,C-Z, M-2,P o R-4 AN R-1 4N OLYMPIC[ M-1k ZZ N% " "",w F- w 2 mow, = w A 1 o Cm2 r Q m KAMILLE CT W.SAN MARNAN DR U C-2,C-Z C-2,C-Z R-4,R-P yC LINE OR$ I ,� _ �7 �i C-2 ° R-3 .. a� 5 J cc 9 0 pgRlR�O R-1 z 0.CH ST GF KESTREL 3: B-P Rc. �R.S LL zAUDUBON DR CR A-1 t. � ° a o m R-3,R-P ��Ro�ticy ASTO CARASRDri 2 pNKOTADR T� �� R-1 FALCON RG N NW of igoo Westchester Road w E Preliminary Plat s 30 Something Real Estate, LLC 1,000 500 0 1,000 1^t+) Feet Page I 8 of 200 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 (S r„ Ihl�`u y i to be Platted I VIII'i i' A�2 r 1 r g 1900 Westchester Road i v i �I , �rWESTCHESTERrRD �'�l�llll��l%Di//�� i 1 i N NW of 1900 Westchester Road W E Preliminary Plat s 30 Something Real Estate, LLC 200 100 200 Feet Page ' 29 of 200 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 ' � iillr +IVI + r i P � Area to be Platted I puuul 0 � 5 j S�G�E 1900 Westchester Road i r VVl�dd I IYI IYIYI i VIII I I I' ��� 1 u � O �i N NW of 1900 Westchester Road W E Preliminary Plat s 30 Something Real Estate, LLC 200 100 200 Feet Page �30 of 200 Preliminary Plat Request — NW or 1900 Westchester Road s S h 1 I� i n } i i;/i/f i,,, i i/%,�.;,i� ni i t ✓/�u//i /�� iii ///���///��/�% Looking towards West 4th Street in the Looking across West 4th Street at existing middle of the property where the two- multiple-family development. family dwellings would be constructed. /P� �if'�h !�'�t�t�✓yj/'�i�7/r� } �����1�'�1 ����„ f� �, �� I � r 1�,� H�"g ,�.,' r m y Standing in the middle of the property Looking at the drainage channel near the 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 k P IV, n r 1^ fyv Existing residential development directly Looking at the rear of 1900 Westchester across from the proposed plat along Road from the area in question. Westchester Road. 7 I , / J / / / Looking west from the area in question at Looking northwest from Westchester Road 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 �r utl�li�6u' N r r LL � N CO r ca N � N 4-O i rrr� R N ^ i tl � C O N .2GLo m r LO M V'- N t aha o cII V) Ilam 9�� r 11 n , rid LU i I— I,, I w o ' Me(6G�V1 i � pQ(� 411 wo0� N�F��'0 m W K Y W Z W r �/ ppzIza� W =}~0692-}2} U J Q LL F I >2Y00 33� ✓iii/%%%/r O y w2T7 �I Z W O�d�Ua w w W w a U W of wLL.YjN K V,�w J H 3 Q J III 111 III III iM1� NI� I ua Q WUaw3 Y � W a<��0x < �z 1iv� /arly rrj ?N � � gzw��w¢ � _ �LLw33 � 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 ...... --- 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 Q azm ? � LU E o J a cn 0 W ww N O LU w W z cc =mmw = cn F-- Q z > z W m W W W J W J Q LL's O co Z � Z z >cz D m J W O r o w U w w w W c� w z z z � w w m= w J O Q Q w o co � cn W cn C-D LL i X o � w � CL- C 1 i i Z /W C/)F v w W � \ I J I -,vn � 0 lf�- //� C) io— — — — — to— LO co co 7 :L LL� H3,M3SkHVIINVS 31VAlHd ,�b, s N w ICS— � _ 47 'YO co 00 /00 co .98 C:l p c') .6 M -= - r-- r-- r-- M 00 00 00 CD �CD Li LL LL ao 60 C2= L X N LLJ Ql-- . ..... 327.55'(323. )11PQ— C11 (3,,00,Stl.8tN)RX9.[0.8tlN !t Ob J2� N — — — —(107 C6 1�- 00'et, ------------------------------------- ------ (E9 AMH A7 [�WUOV- ------- LLS HILf, ILSHM cn co CE:, 00 C\i :50- CD, co 00 CO CP- -1- coco /) w cc C-0 Cco 00 co X LU LLL.L L.L U- C, C's 60 80 LU co 00 < .- cn. 2i C, Ol co LU I ---i U- U- 4�p9✓f�if� r�// / D�rr/r',( r r r r / '� ��/////�'/ii////j/,� i/rri r// i/ l/'i,' <�, i;' r /�ri/� � r r � /�//rr ✓'r/ /j�r�/ llr //%�i/r/� rim///% ri /� �/�I�m ;r r CO r / / , %/r/%/1 � / �/✓ r // / N. 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Co CO v % �/rLo � copro ac Oc1l/J r ,a/,a, %lr r./ l0 � cn L'-' cr- o� °� Ir i �i / r r l�/;i„//i /, w o� 00 LLI � LLJ �i�i,/r//rj///i� rri//r ✓//a �/ii r r //: 'rir///%/�/��..�� ///�� ����1 �� �t(i� ��✓/i �/ rri ii ,a%///r///rr r//%i�i/ /// %i //�/r/r� ��,/� „ i r�%//..........IU„�,%%/ 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. 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C) r- >- w F- m Z 0 < W , T -J UW) LU 5E �2 !5 M < , z w F- F- a) LU LL >_ wo o:W3: on D2 Zw wz w _j �: X F- M < 1 0-5 �T-- 01- z z f LU M Uozo m9o = ?: Lw< Ewz- Z)5' FW m LLJ 0 < Z _ > 0 W W M LL 0 iwl"W ' W a- 0 - oz (13) Z, 0 E CWI 0- -w F- , g (< -< Z ;: CCL L,)F Lb w 2 0 w zw m z -. < m , �: l< 0 ww N, m L"L 0 UO z LL 0 Zor -xi -, Z Z F- Z7011- 6 >< = lMa - — C) Is ILU w I- Z W 0 _ZZ LL:rui(!)LL 0 �- t�-Wo< = �- Owmo F- < — OZ3: wow"< �--0500>- U) m = F- Z (,) LL �- ' o C6 0 W W X �- Z LL 0 Z U) Z LU w Z 3: W CE fr M < -J W LL Z 0 5 w cl: < w m z Ot)6 Z.) a_ cr Z ;FC22LO6 �- Z co 5 0 m U, ow cwz)0�- LOL 0 W F- C) m U) LLI z w w w w o � W20WO55t � wo < zmog LU < T 0 W T- T- LLI ZZ M: M:0 ;�� OWN <V) w d LL C) LL U) (L O !i! z z a 0 0 L LL LL 0 z < < w o w 0 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 (S r„ i I VIII'i i' A�2 r 1 r g 1900 Westchester Road i v �I , rWESTCHESTERrRD i N NW of igoo Westchester Road w E Final Plat s 30 Something Real Estate, LLC 200 100 0 200 . . 1^t� r� Feet Page I VZ of 200 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 M-1 63 [R-4 Y A-1 z LCIRJ ° ���M-2,P ���� �° C-2 R-2;C-Z R-3-" -P o W.RI DGEWAY AVE M-1 OATHENS DR _ rP NN R-4,C-Z A-1 J-7 za P� B-P -4f e CYCLONE DR 0 y� R-4 o� KINGS O M-1 J R-3 ? QUAILPL' TITAN TRAIL R-4,R-P 1 INE VIEW PL' � �J � RIDGEM M-2,P �" R-1,C-Z, R-1 �P OLYMPIC[ \ z S ZC M-1 w Cm 2 �r a KAMILLCE CT E „µ W.SAN MARNAN DR U U C-2 C-Z C-2,C-Z R-4,R-P C-2 � R-3 � o p �. o 'p1H ST o OF KESTREL� B-PPc oRs z4UDUBONDR CR A-1 d ° ago m R-3,R-P JPS o�ti_yRo ASTON CARAS RD 2 pP KOTA DR F po R-1 �� FALCON RG N NW of 1900 Westchester Road W E Final Plat s 30 Something Real Estate, LLC 1,000 500 0 1,000 Fee. Page t%3 of 200 City of Waterloo Planning, Programming and Zoning Commission June 5, 2018 ' � iillr +IVI + r i P � Area to be Platted I puuul 0 � 5 j S�G�E 1900 Westchester Road i r VVl�dd I IYI IYIYI i VIII I I I' ��� 1 u � O �i N NW of 1900 Westchester Road W E Final Plat s 30 Something Real Estate, LLC 200 100 200 Feet Page �34 of 200 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 Draft 6/27/2018(1) Page 1 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. Draft 6/27/2018(1) Page 2 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 Draft 6/27/2018(1) Page 3 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 Draft 6/27/2018(1) Page 4 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. Draft 6/27/2018(1) Page 5 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. Draft 6/27/2018(1) Page 6 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. Draft 6/27/2018(1) Page 7 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 Draft 6/27/2018(1) Page 8 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: Description Type 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. - 2 - Page 185 of 200 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. - 3 - Page 186 of 200 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. - 4 - 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. - 5 - Page 188 of 200 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. - 6 - Page 189 of 200 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 - 7 - Page 190 of 200 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 - 8 - Page 191 of 200 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 - 9 - 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. - 2 - 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. - 3 - 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 - 4 - 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