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Council Packet - 5/20/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, May 20, 2019 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. o n the day of the Council Meeting. If not registered with the City Clerk'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. o n 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. o n 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 173 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Sandie Greco, Traffic Superintendent Agenda, as proposed or amended. Minutes of May 13, 2019, Regular Session, as proposed. Proclamation declaring May 19-25, 2019 as National Public Works Week. Proclamation declaring May 25, 2019 as 105.7 KOKZ Fourth Street Cruise Day. Proclamation declaring May 19-25, 2019 as Emergency Medical Services Week. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as June 3, 2019 to approve the request by Dollar General of West Plains, Missouri, for a Site Plan Amendment to the "C- P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution setting date of public hearing as June 3, 2019 to approve the request by the Dollar General to vacate 1.47 acres of City Right -of -Way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution setting date of public hearing as June 3, 2019 to approve a request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District located northwest of 4455 Remington Road, and instruct the City Clerk to publish notice. Page 2 of 173 Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution setting date of public hearing as June 3, 2019, to approve the request by MMS Consultants, on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings located east of 1994 Newell Street, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Kent Shankle, Director Class/Meeting: Transport of exhibition/program supplies. Destination: Rhinelander, WI Dates: May 18-20, 2019 Amount not to exceed: $300 2. LIQUOR LICENSES a. Behar Bar, 312 W. 4th Street Class: C Liquor w/Outdoor Service New Application Does not include Sunday Expiration Date: 4/30/2020 b. Casey's General Store #2427, 3035 Logan Avenue *Adding Liquor* Class: B Wine / C Beer / E Liquor New Application Includes Sunday Expiration Date: 6/14/2020 c. Golden China Restaurant, 106 Brookeridge Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 5/4/2020 d. Iowa Irish Fest, Lincoln Park Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 8/5/219 e. Kwik Stop 4, 515 Broadway Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 5/7/2020 f. Placita, 321 W. 4th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 6/12/2020 Prime Mart #3, 1008 LaPorte Road Class: B Wine / C Beer / E Liquor g. Page 3 of 173 Renewal Application Includes Sunday Expiration Date: 6/12/2020 h. Scoreboard Bar & Grill, 814 LaPorte Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2020 i. Southtown Lounge, 2026 Bopp Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/7/2020 3. Bonds. PUBLIC HEARINGS 2. Nomination of the Walnut Neighborhood to the National Register of Historic Places. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Resolution supporting and authorizing submittal of the nomination of the Walnut Neighborhood to the National Register of Historic Places. Submitted By: Noel Anderson, Community Planning & Development Director 3. Mowing contract for city owned lots generally acquired through Iowa Code 657A. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of bid to B&B Lawn Care, Inc., of Waterloo, Iowa, in the amount of $19.50 per lot, Option A: lots under one (1) acre, and $57.00 per acre, Option B: lots over one (1) acre, approving the contract, bond, and certificate of insurance, in conjunction with the mowing of city owned lots generally acquired through Iowa Code 657A, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson,Community Planning and Development Director 4. FYE 2019 BUDGET AMENDMENT. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving FYE 2019 Budget Amendment. Submitted By: Michelle Weidner, Chief Financial Officer RESOLUTIONS Page 4 of 173 5. Resolution approving the Partial Termination of a Development Agreement with AMA Real Estate, LLC, approved by Council November 23, 2015, and filed December 8, 2015 as Doc. No. 2016-10441, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving the sale and conveyance of city owned property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC, in the amount of $12,000, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2018-677. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving a Project Funding Agreement with the Waterloo Development Corporation, to fund the costs of conceptual and preliminary design of the Cedar River Marina District in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $127,500, in conjunction with the development of conceptual and preliminary designs of the Cedar River Marina District in Downtown Waterloo, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving a one year Farm Lease Agreement with Trevor Rottinghaus, to farm approximately seventy-five (75) acres of land for the 2019 growing season, generally located between Martin Luther King, Jr. Drive and Independence Avenue east of Northeast Drive in the amount of $230 per acre, for a total yearly payment of $17,250, and authorize the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving the contract for grant award between Waterloo Housing Trust Fund 6 and City of Waterloo Community Development Department, in the amount $25,000, for repairs to existing single family owner occupied homes, and authorize the Mayor to execute said documents. Submitted By: Rudy D. Jones, Community Development Director 11. Resolution accepting Quit Claim Deed from Muriel J. Wenthe for property generally located in the 200 block of Anthony Street, in the amount of $1.00, and authorize the Mayor to execute said document. Submitted By: David R. Zellhoefer, City Attorney 12. Resolution approving Amendment No. 1 to the Professional Services Agreement with Strand Associates of Madison,Wisconsin, in an amount not to exceed $17,000, in conjunction with emergency removal and damage assessment of the Digester No. 3 lid, and authorize the Mayor to execute said document, and rescinding Resolution No. 2019-337. Submitted By: Steve Hoambrecker, Waste Management Services Director Page 5 of 173 ORDINANCES 13. Request by Darci Lenehan for a site plan amendment to the "M -2,P" Planned Industrial District for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. Motion to receive, file, consider, and pass for the third time and adopt an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Darci Lenehan for a site plan amendment to the "M -2,P" Planned Industrial District, for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:55 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers May 22, 2019, Special Session, City Hall, Clerk/Finance Office, (10:30 a.m. Auction - GO Bonds, Series 2019A) (11:00 a.m. Auction - GO Bonds Series 2019B). May 22, 2019, Special Session, Harold E. Getty Council Chambers (4:30 p.m. Sale of Bonds - Series 2019A and 2019B). Page 6 of 173 CITY OF WATERLOO Council Communication Minutes of May 13, 2019, Regular Session, as proposed. City Council Meeting: 5/20/2019 Prepared: REVIEWERS: Department Reviewer Clerk 0 lac Iligby, Nan cy Action Date Approved. 5/14/2019 11:02 AM ATTACHMENTS: Description Type M inutes of May 1: 13 ckup Material Submitted by: Submitted By: Page 7 of 173 May 13, 2019 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, May 13, 2019. Mayor Quentin Hart in the Chair. Roll Call: Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Absent: Jacobs. Prayer or Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director 146250 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May 13, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 146251 - Juon/Schmitt that the Minutes, as proposed, for the Special Session on Monday, May 6, 2019, at 4:40 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 146252 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 6, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Proclamation declaring summer 2019 as Waterloo Bucks Summer. ORAL PRESENTATIONS Charlie Burrell, 1416 Ridgemont Road, commented that he and his wife have lived in the Sulentic Park neighborhood for over thirty years and were astonished to learn that the city is looking at selling 1.5 acres of park property. He explained the efforts that the community went through to deed the former school site to the city and protect it from becoming earmarked for development. He asked that the council not sell the property. Noel Anderson, Community Planning and Development Director, explained that as part of the property management duties for the City of Waterloo, all city land is evaluated for current or future public use. This site was identified for potential discussion for development and what impact that might have on the continued use of the park adjacent to it and neighboring properties. Mayor Hart questioned the process for citizens to provide input. Noel Anderson explained that there is a Leisure Services Commission meeting tomorrow morning to gain public input. The commission will vote to recommend which properties to sell or not sell. Then the council would need to decide which properties they would want to sell and approve moving forward with an RFP process. Paul Huting, Leisure Services Director, explained that the public meeting is tomorrow in council chambers at 7:30 a.m. Jim Chapman, 224 Bertch, questioned who is responsible for city owned property earmarked for development after the property has sat undeveloped for a long period of time. Noel Anderson explained who is responsible for mowing developed property. David Dryer, 3145 W. 4th Street, commented on Finance Committee item number 17. Dan McGowan, 2672 Logan Avenue, commented on the Capital Improvements Plan and stated that he wants improvements to Virden Creek to be made a higher priority as they've been waiting twenty years for improvements and little progress has been made. Paul Huting explained that the Leisure Services Department works to maintain the property as best they can. Page 8 of 173 May 13, 2019 Page 2 Jamie Knutson, City Engineer, explained that the cost to repair the problem is between $3 million to $4 million dollars and they are working overtime to fix this drainage way. Mrs. Juon asked who owns the land. Jamie Knutson explained that the Virden Creek project is in two parts. One is to raise the levee and the other is to improve the drainage way. Funding at this point is secured to raise the levee. Mr. McGowan explained his understanding of who owns various portions of the land. Mr. Morrissey reminded the public of the upcoming bike to work and bike to Friday'loo events. 146253 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 146254 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated May 13, 2019, in the amount of $4,012,762.16, 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. 2019-340. 2. Resolution approving the request of 105.7 KOKZ to hold its 38th Annual 4th Street Cruise on Saturday, May 25, 2019 from noon until 4:00 p.m. in the downtown area with the 700 block of Mulberry Street being blocked off from 8:00 a.m. until noon and 4th Street to be cleared of traffic by 11:20 a.m. Resolution adopted and upon approval by Mayor assigned No. 2019-341. 3. Resolution approving the request of SingleSpeed Brewing Company, in cooperation with Main Street Waterloo, Experience Waterloo and Shazam Racing, to hold the SingleSpeed Beer Mile race on June 8, 2019, beginning at 4:00 p.m., with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets, as well as closure of the SingleSpeed Brewing Company parking lot located at 325 Commercial Street. Resolution adopted and upon approval by Mayor assigned No. 2019-342. 4. Resolution setting date of public hearing as June 17, 2019 to review an application for a State Revolving Fund (SRF) loan and to make available to the public the contents of an environmental information document and the City's Project Plan, and authorize City Clerk to publish notice of said hearing. Resolution adopted and upon approval by Mayor assigned No. 2019-343. 5. Resolution setting a date of public hearing as June 3, 2019 for the approval of a Development Agreement and Minimum Assessment Agreement and authorizing the sale and conveyance of property to SFN Real Estate, LLC, for $1.00, for the development of two data centers located southeast of 1414 Commercial Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-344. 6. Resolution approving specifications, form of contract, etc. and setting the date of bid opening as May 23, 2019, and date of public hearing as May 28, 2019, in conjunction with Page 9 of 173 May 13, 2019 1. 2. Page 3 the Riverloop Public Market Fire Suppression Project, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-345. b. Motion to approve the following: a. a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Chris Youngblut, Director of Technology and Ben Wagner, Draftsperson 2019 ESRI GIS User Conference San Diego, CA July 8-11, 2019 $3,310 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Casey's General Store #2867, 2424 Ranchero Road *Adding Liquor* B Wine / C Beer / E Liquor New 6/14/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Susan Price Historical Preservation May 13, 2022 New Thomas E. Wall Waterloo Water Works Board of Trustees May 13, 2025 New Mark Tink Plumbing Board May 13, 2022 Re -Appointment James Buchholz Human Rights May 13, 2022 New Matt Gibbons Human Rights May 13, 2022 New Nichole Mlodzik Human Rights May 13, 2022 New 4. Bonds. Roll call vote -Ayes: Six. Nays: Zero. Motion carried. PUBLIC HEARINGS 146255 - Schmitt/Amos that "Resolution ratifying, confirming and approving filing and publication of notice of public hearing for General Obligation Bonds - GCP 3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-346. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146256 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 146257 - Schmitt/Amos Page 10 of 173 May 13, 2019 Page 4 that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Mr. Morrissey questioned if the vote is to approve all of the projects shown in the attachments. Michelle Weidner, Chief Financial Officer, explained that the approval is for the broad categories and that each department will be required to bring before council, the individual projects at which point the council can discuss whether to approve or not. Mr. Morrissey noted that there is an unused balance of general obligation bonds from 2013-2018 of about $21 million and questioned what is the projected unused balance for the current fiscal year, to be added to those numbers. Mayor Hart questioned staff if there was any way to know in advance what might lead to unused funds and there was no comment. Mr. Morrissey commented that he spoke to Mr. McGowan and his wife and has continually brought up Virden Creek and believes that these projects need to be completed as soon as possible. He also discussed a project that impacts Huff Contracting on Grandview/Clark across the railroad tracks. Jamie Knutson explained that the projects for Virden Creek. Mayor Hart questioned the impact on homeowners for the project that raises the levee. Jamie Knutson explained that the reason for prioritizing the levee raising portion over the other Virden Creek project is because if it is not completed by 2022, then FEMA will redraw the flood maps, placing homes on the near east side into the flood plane, which will require residents to purchase flood insurance. Jason Huff, 118 Clark Street, requested an update on extending Clark Street and also why water is continually flowing from other properties onto his property. Jamie Knutson commented his recollection of the findings from a survey years ago to try to install a new storm sewer and though monies had been set aside a one point for the project, it did not continue to be funded after that and that those funds had been appropriated to other areas. Mayor Hart acknowledged the importance of Mr. Huff's concerns and stated he will ask his office to call and arrange a meeting to discuss the issues. Mr. Morrissey commented that the projects he is bringing up tonight are health and safety issues. He questioned if he can submit an amendment or when he would be able to submit an amendment to make these projects higher priorities. Mayor Hart explained that the concerns regarding Mr. Huff should have been brought to his attention previously and not introduced in this manner. He further explained that he is committed to contacting Mr. Huff in the next couple of weeks and sitting down with City Engineer to hear more about this particular situation, but to ask that dollars currently budgeted for what staff members deem as high priorities be shifted to Mr. Morrissey's ward may not be agreeable to other council members. Mrs. Klein commented that she does not feel this is a fair and appropriate way to advocate for projects and that this was the time to vote on a bond issue, not revisit conversations that should have taken place a couple of months ago. Mr. Morrissey commented that his job is to advocate for citizens of Waterloo and that he does not understand why these projects, after twenty years, have not been accomplished, and again asked that an amendment be allowed to resolve for future inclusion of Clark Street and Virden Creek projects in 2021. Mrs. Juon commented that several meetings took place on assembling the CIP and that was the time to advocate for projects. Page 11 of 173 May 13, 2019 Page 5 Mr. Schmitt commented that the city has in the past spent more time reviewing the CIP and that he does not believe current councils can commit future councils for financial commitments. Mrs. Klein commented that advocating for a council members ward is admirable, but this is not the day and time. 146258 - Klein/Amos to call the question. Resolution adopted and upon approval by Mayor assigned No. 2019-347. RESOLUTIONS 146259 - Schmitt/Amos that "Resolution approving a Professional Services Agreement with Digitech Computer, Inc. of Chappaqua, New York, in conjunction with ambulance billing services, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-348. 146260 - Schmitt/Amos that "Resolution approving an agreement with Radio Communications of Waterloo, Iowa, in the amount of $68,455.89, in conjunction with the purchase and installation of a security camera system at the East Park Avenue Parking Ramp, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-349. 146261 - Schmitt/Amos that "Resolution approving a lease agreement with C & S Car Company for a 2019 Subaru Outback, VIN #4S4BSAHC0K3348336, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement", be adopted. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-350. 146262 - Juon/Schmitt that "Resolution approving renewal of contract with Delta Dental of Iowa, in the amount of $4.61 per contract for administration of the Employee Dental Care Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt questioned if this is an appropriate time to discuss the coverages and deductibles, etc. Lance Dunn, Human Resources Director, explained that this is a renewal of previous years so the only difference is a slight increase in the cost. Mr. Schmitt questioned if insurance is a negotiable item in union contracts. Lance Dunn explained that since public safety employees are the only ones who can negotiate insurance as part of their contract, the desire is to keep in line with that for all non-public safety employees. Mr. Schmitt questioned at what point in time does the city start comparing to the private sector that is paying for this rather than other public sector entities. Lance Dunn explained that this has nothing to do with the health insurance portion as far as the legislature is concerned. This is just dealing with our renewal with the City. Page 12 of 173 May 13, 2019 Page 6 Mayor Hart asked Mr. Schmitt if his question has more to do with the philosophy and approach we take to bargaining for health care, and if there are a couple of particular areas he has in mind or is there an average health care cost that he would like to see the City move towards. Mr. Schmitt questioned the current deductible and co -pay amounts for city employees. Lance Dunn explained that single individuals pay $40 while families pay $80 per month. Mr. Schmitt commented that most people in the private sector have experienced increases over the last two or three years. Lance Dunn commented that he cannot speak to the cost increases for the private sector, but there are contingencies built into our different contracts that will address that when prices reach certain levels, but if the increase in price doesn't reach that level than our price and deductibles remain. Resolution adopted and upon approval by Mayor assigned No. 2019-351. 146263 - Juon/Schmitt that "Resolution approving renewal of contract with National Insurance Services for administration of the Employee Life and Long Term Disability Benefit Plan from July 1, 2019 through June 30, 2020, and authorizing the Human Resources Director to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-352. 146264 - Juon/Schmitt that "Resolution approving renewal of contract with Wellmark Blue Cross Blue Shield of Iowa for administration of the Employee Health Care and Prescription Plan from July 1, 2019 through June 30, 2020, including administrative fees and stop loss insurance in the amount of $1,465,776, and authorizing the Human Resources Director to execute said document", be adopted. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-353. 146265 - Amos/Feuss that "Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $226,066, for the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and receive and file two (2) year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-354. 146266 - Amos/Feuss that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC of Dunkerton, Iowa, at a total cost of $42,677.75, in conjunction with the FY 2019 Levee Rip Rap Spraying, Contract No. 961, and approval of Final Quantity Adjustment for a net decrease of $2,239.25, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-355. 146267 - Amos/ Feuss that "Resolution approving a Traffic Safety Grant with the Iowa Department of Transportation, in the amount of $5,000, to hold a Zero Fatality (vision zero) Workshop, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-356. Page 13 of 173 May 13, 2019 Page 7 146268 - Klein/Feuss that "Resolution approving agreement with the Iowa Department of Transportation for a Traffic Safety Improvement Grant to improve intersection of Greyhound Drive and Ridgeway Avenue, in the amount of $310,000, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Todd Obadal, 124 Amity Drive, questioned what conditions are attached by the state for use of the funds, and questioned if item #12 is tied in to item #11. Sandie Greco, Traffic Superintendent, explained the two items are not connected in any way and provided an overview and restrictions of the grant for Ridgeway and Greyhound. Resolution adopted and upon approval by Mayor assigned No. 2019-357. 146269 - Klein/Feuss that "Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in the amount of $80,000, to provide design services for the Preliminary Design Bio -Gas Project, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned why the city is not using its own methane gas to heat the waste treatment facility and questioned why the city continues to need to spend money on a study. Steve Hoambrecker, Waste Management Services Director, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-358. 146270 - Klein/Feuss that "Resolution approving Supplemental Agreement No. 2 with AECOM, Inc. of Waterloo, Iowa, in the amount of $97,500, in conjunction with Satellite Raw Wastewater Wet Well Rehabilitation, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-359. 146271 - Feuss/Morrissey that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-360. 146272 - Feuss/Morrissey that "Resolution approving a Development Agreement and Minimum Assessment Agreement with Twin Trees, LLC, for the redevelopment of a commercial building located at 402-404 E. 4th Street, with a tax rebate amount of 100% for a term of six years, with a minimum assessment of $1,196,420, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-361. 146273 - Feuss/Morrissey that "Resolution approving the Partial Termination of a Development Agreement with AMA Real Estate, LLC, approved by Council November 23, 2015, and filed December 8, 2015 as Doc. No. 2016-10441, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Page 14 of 173 May 13, 2019 Page 8 Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-362. 146274 - Feuss/Morrissey that "Resolution approving the 2019 Farm Lease Agreement with J&J Hoffman Farm, LLC, to farm approximately 16.52 acres of land, generally located southeast of the John Deere Tractor Works and northeast of 4455 Remington Road (Twin City Hide), in the amount of $201.27 per acre for a total of $3,325 per year, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-363. 146275 - Morrissey/Amos that "Resolution approving four-year Collective Bargaining Agreement with AFSCME Local 1195 Planners and Engineers; AFSCME Local 1195 Police Lieutenants & Code Enforcement Officers; Teamsters Local 238; Municipal Employees Local Union No.177; Communication Workers of America; Waterloo Police Protective Association and International Association of Fire Fighters Local No. 66, and authorize the Mayor and Human Resources Director to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Lance Dunn provided an overview of the item. Mr. Schmitt questioned how these changes compare to years past. Lance Dunn explained that the changes primarily focus around Chapter 20 with the legislation. Wages are comparable to raises for public safety and non-public safety rate increases throughout the state. Mrs. Juon questioned why some of the contracts have wage, language, and insurance reopeners are inconsistent throughout the contracts. Lance Dunn provided an explanation for the differences in contracts. Mr. Morrissey commented that he will vote in favor of the contracts but commented that it is a sad day to see state lawmakers creating different negotiable conditions of employment for public employees. David Dryer, 3145 W. 4th Street, commented that he is on a fixed income and received a 1.5% increase but his insurance went up which ate away at his raise. The public pays the wages and insurance and that the pay increases need to be reined in. Resolution adopted and upon approval by Mayor assigned No. 2019-364. ORDINANCES 146276 - Morrissey/Feuss that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Darci Lenehan for a site plan amendment to the "M-2, P" Planned Industrial District, for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. 146277 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: One (Schmitt). Motion failed. ADJOURNMENT Page 15 of 173 May 13, 2019 Page 9 146278 - Morrissey/Juon that the Council adjourn at 7:00 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 16 of 173 CITY OF WATERLOO Council Communication Proclamation declaring May 19-25, 2019 as National Public Works Week. City Council Meeting: 5/20/2019 Prepared: 5/16/2019 REVIEWERS: Department Reviewer Pu lie Works Depart e r 1,eAApproved Action Date :)/16/ : „ 5 A, M ATTACHMENTS: Description Type m. oc a r,, nt ion ,,,,,,, Nati- P.0: W . rk,,, Week ckup i ia. Submitted by: Submitted By: Mayor Quentin Hart Page 17 of 173 c Now OF WA PROC TION P 00 IOWA public works services provided in our communitye an integral part of our citizens' everyday lives; and the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and the health, safety and comfort of this community greatly depends on these facilities and services; and the quality and effectiveness of these facilities, as well as their planning, design and construction, is vitally dependent upon the efforts and skill of public works officials; and the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. ORE 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of May 19 — 25, 2019 as NATIONAL PUBLIC WO in the City of Waterloo, Iowa, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. OF, I have hereunto set my hand and caused the seal of he City of Waterloo, Iowa to be affixed this 20th day of May 2019. Attest: 1111111111111 oov00000000000 yo000000000000000000000000000000000000010000000 elley Felchle City Clerk Quentin Hart Mayor CITY OF WATERLOO Council Communication Proclamation declaring May 25, 2019 as 105.7 KO KZ Fourth Street Cruise Day. City Council Meeting: 5/20/2019 Prepared: 5/16/2019 REVIEWERS: Department M ayor,�, O nice Reviewer 1 v en, i.:. , e Action Date Approved 5/ 16 2 f A„ ATTACHMENTS: Description Type P rock:. :. r,, ntio]i1 4th.. m. e t Druis Day y ckup ak i ia. Submitted by: Submitted By: Mayor Quentin Hart Page 19 of 173 as a way of brin • g back the fun of sock hops and "Cruisin' Fourth Street", a group of yesteryear cruisers began the Fourth Street Cruise; and each year approximately 15,000 people attend the cruise; and the cruise gives those who love their vintage cars and trucks an opportunity to show them off, while providing a fun -filled day of activities for all our citizens; and the 38th Annual 105.7 KoKz Fourth Street Cruise Show & Shine Car Show will be held at the National Cattle Congress from 5:00 p.m. until 9:00 p.m. on Friday, May 24, 2019; and this year's cruise, the 38th annual event, will be held Saturday, May 25, 2019, from 12:00 noon to 4:00 p.m. in downtown Waterloo. Waterloo, Iowa, do hereby procia u Saturday, May 25, 2019, as and urge all residents and visitors to come to downtown Waterloo to enjoy all the activities. I have hereunto set my hand and caused the officiai seal of the City of aterloo to be affixed this 20st day of May 2019. ,,,'",,;111111111.Pu 111111111111111111111111111111111111 • .,,,,,,,,,,,,,,,----""•••••••••••••••••'•'• CITY OF WATERLOO Council Communication Proclamation declaring May 19-25, 2019 as Emergency Medical Services Week. City Council Meeting: 5/20/2019 Prepared: 5/16/2019 REVIEWERS: Department Fire Rescue ATTACHMENTS: Description Procla Submitted by: Reviewer iven,i.:.,e. Action Date Approve :.)/1 6 2f ,,,,,,, „AM Type 1. 'gene y M -di 1 S (,1, v aces Week 13 chip ...a- i, ia. Submitted By: Mayor Quentin Hart Page 21 of 173 MIER ER. NOW, TH PROC 0 IOWA TION emergency medical service is a vital public service; and access to suaiity emergency medical care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and a third of Americans rate their households as being "very well prepared" for a medical emergency and e ergency medical service providers have traditionally served as a safety net of America's health care. and emergency medical service teams consist of emergency edical physicians, emergency nurses, emergency edical technicians paramedics, fire fi hters, educators, ad mistrato s and the members of emergency medical teams, whether career or vol HHteer, engage in thousands of hours of specialized training and continuing education to enhai ce their lifesaving skills. 0 BE IT OL that 1, Quentin Hart, Mayor of the City of Waterloo Iowa,do here i y proclaim the week of May 19-25 2019, as GENCY MEDICAL S p VICES in Waterloo, Iowa, and that we appreciate and commend our Emergency Medical Services personnel and their special role in alleviating the misfortunes of our citizens in need. ESSWil OF, I. hereunto have set my hand and caused the Official Seal of the City of Waterloo Iowa to be affixed this 20th of May, 2019. ATTEST: 11,11,111,111,, Kelley Felc City Clerk Quentin Hart Mayor CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 3, 2019 to approve the request by Dollar General of West Plains, Missouri, for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, and instruct the City Clerk to publish notice. City Council Meeting: 5/20/2019 Prepared: 5/13/2019 REVIEWERS: Department P lapping Clerk. (I) f .c ATTACHMENTS: Description Staff ▪ Overview ap v. o Ariel Map CI Site Plan. v v ▪ A�pplheatK) SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schiroed.er, Ark,. R by, Namicy— Action pp roved. pproved. Type (, vee . (i.7,over C over" Cover c, mcg C..:;over114e lo Date 515/21e :2... 5/15/2AM Resolution setting date of public hearing as June 3, 2019 to approve the request by Dollar General of West Plains, Missouri, for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as June 3, 2019 for a request by DGOGWaterlooia10032018 (Dollar General) for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the MLK Drive and Idaho Street Intersection. The request to construct the Dollar General building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with nearby commercial and residential development in the area. At their May 7, 2019 meeting the Planning, Programming and Zoning commission voted unanimously to recommend approval of the Site Plan Amendment. Page 23 of 173 Expenditure Required: None S ource of Funds : N/A Strategy 1.3: Ensure that development -ready sites exist and realistic, Policy Issue: meaningful incentives are defined to attract new business and support existing business expansions. Alternative: N/A Background Information: N/A Legal Descriptions: A part of the southeast 1/4 of Section 19, Township 89 North, Range 12 West of the 5th P.M., and a part of existing Idaho Street in the Southwest 1/4 of said Section 19, all in the City of Waterloo, County of Black hawk, State of Iowa, more particularly described as follows: Commencing at the center of said section 19; thence North 88 (Degrees) 43' (Minutes) 55" (Seconds) East (Assumed bearing for the purpose of this description) on the north line of the southeast 1/4 of said Section 19 a distance of 16.5 feet to the present east right-of-way line of Idaho Street.The point of begging of the parcel herein described; Thence North 88* (Degrees) 43' (Minutes) 55" (Seconds) east on the north line of the southeast 1/4 of said Section 19, Also being the present east right-of-way line of Idaho Street and its extension easterly, 182.94 feet to the southwesterly line of the Canadian National Railroad, Thence southwesterly on the southwesterly line of the Canadian National Railroad, Being a 1,879.86 foot radius curve concave southwesterly and having a 105.63 -foot long chord Bering south 46* (Degrees) 28' (Minutes) 08" (Seconds) east, 105.64 feet (ARC Length); southwesterly on a 215.72 -foot long chord bearing south 12* (degrees) 01' (Minutes) 17" (Seconds) west, 226.42 (Arc Length); Thence south 52 (Degrees) 56' (Minutes) 38" (Seconds) west, 67.54 feet; thence north 70* (Degrees) 38 (Minutes) 19" (Seconds) west, 164.88 feet; Thence North 01* (Degrees) 05' (Minutes) 55" (Seconds) west, 265.78 feet to the Point of Beginning. By Survey containing 63,883 square feet, or 1.47 acres. Page 24 of 173 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: June 3, 2019 Request by DGOGWaterlooia10032018 LLC (Dollar General) for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 SF Dollar General retail store located northeast of the MLK Drive and Idaho Street Intersection. Dollar General, 1598 Imperial Center, West Plains, MO 65775 The applicant is requesting to construct a new 9,100 SF Dollar General Retail building located northeast of the MLK Drive and Idaho Street Intersection. The request to construct the Dollar General building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with nearby commercial and residential development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Martin Luther King Drive which is a Minor Arterial and Idaho Street which is a Collector. The Martin Luther King Jr. Trail is located just north of Martin Luther King Jr. Drive and connects to a sidewalk along the east side of Idaho Street that is adjacent to and runs along the west side of the proposed Dollar General site. The area in question has been zoned "C -P" Planned Commercial District since July 27, 2009 when the land was rezoned from "R-3, R -P" Planned Multiple Residence District. Surrounding land uses and their zoning designations are as follows: North — Vacant land, trees, and homes, zoned "C -P" Planned Commercial District, "C-1" Neighborhood Commercial District, and "R-2" One and Two Family Residence District. South — Vacant Land and Martin Luther King Jr. Trail Head and Trail, and Martin Luther King Drive, and zoned "R-3, R -P" Planned Multiple Residence District. East — Vacant Land, trees, and homes, and zoned "R-2" One and Two Family Residence District. West — Vacant land and homes, and zoned "R-2" One and Two Family Residence District and "R-3, R -P" Planned Multiple Residence District. Due to existing topography and vegetation, no buffers will be required. It will be necessary that a storm water detention plan is SPA- northeast of the MLK Drive and Idaho Street Intersection Page 1 of 3 Page 25 of 173 June 3, 2019 submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. A proposed storm water detention area is located just north of the Dollar General building. DEVELOPMENT The surrounding area is vacant land to the south and west. HISTORY: The homes to the north and east of the project site were primarily constructed in the 1960's. FLOODPLAIN: The eastern side of the proposed parcel is located in the 500 - year and 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 C0193F, dated July 18, 2011. The proposed store location is not located within the 100 -year floodplain. PUBLIC /OPEN Highland Elementary School is located 0.73 miles to the SPACES/ SCHOOLS: south, George Washington Carver Academy is located 2 miles to the northeast, and East High School is located 1.1 miles to the southwest. There is a trail head for the Martin Luther King Jr. trail abutting the site. This trail head shall remain. UTILITIES: WATER, There is a 15" sewer line and (5) 48" X 50' drainage culverts SANITARY SEWER, just north of the project site. There is also an 8" water main STORM SEWER, ETC. along the west side Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial; Medium and High Density Residential; LAND USE PLAN: Professional Office; and Neighborhood Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct a new 9,100 SF Dollar ZONING General Retail building. ORDINANCE: The area in question is zoned "C -P" Planned Commercial District, which is intended and designed to provide a means for residential development and compatible commercial on tracks of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the single lot method. The Zoning Ordinance requires 1 parking space for every 250 square feet of retail floor. This equates to 29 parking spaces for 7,159 SF of retail floor space. The site plan shows 30 parking spaces and meets the parking requirements. SPA- northeast of the MLK Drive and Idaho Street Intersection Page 2 of 3 Page 26 of 173 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: June 3, 2019 The site plan designates landscape areas to the north and south of the site. As identified on the site plan, the landscaped areas shall consist of sod, shrubs, over story trees, and mulch. The parking areas are also set back more than 5 feet from the property line. The Planning and Zoning Commission unanimously approved the request at their regular meeting on May 7, 2019. A plat has already been submitted for this area as part of a separate request. The Technical Review Committee had no comments regarding the site plan amendment. Therefore, staff recommends that the request for site plan amendment in the "C -P" Planned Commercial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. 4. The request would bring new economic development opportunities to the area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. SPA- northeast of the MLK Drive and Idaho Street Intersection Page3of3 Page 27 of 173 City of Waterloo City Council June 3, 2019 M-2 00000Jili -3 RI R -P 11111111111111111111111111111111111111111 1111111111111111111111111111111111 IIIIIIIIIIIIIIIIII 1111111111111111111111111111111111111111111111111 11111111111111111111111111111 11111111111111111 uuuuuul uuuuuuuuuuuuuuuuuuVuuu, uuuuuul uuuuuul 1111111111 1111111 1111111111 1111111111111111111111111111,111111111111111111 lllnllllllllllllllllllll� 1111111 111111111111 A-1 11111111111111111111111111111111111111111111 ullllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII u�uulllllllllllllllllllllllll ullllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII u�uullllllllllllllllllllllllll�u I ulllllllllllllllllllllllllllll0ullllllllllllllllllllllllllllllll, C-1 ..............��IIIIIIIIIIIIIIIIIIIIVP............... 1111111111111111111 M -2,P Q 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111 111111111111111111111111111111 Iuu,ou, jiii iii iii,iu,iu,iu,i!u,iu,iu,iu,iu,iu,iu,igIIu,iu,iu,iu,iu,iu,iu,i!u,iu,iu,iu,iu,iu, .,1 C.72 11IvIIIIuuIIVIppI I 11111111111111111111111111111111111,1 1111111111111111111111 ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu, u111111111r""" llllllllllllllllllllllllllllllllllllllllllllllllllimllulllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllf A-1 A-1 A-1 I1,ullllllnlllllllllllllll A-1 M-1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIu11111II,III, (IIIIIIIIIIIII R-3 R-3 uluuuuuuii ii ii ii ii ii ii 1 ii iiii C II II II II II a 11111111„no. 2.. 00) V R-30000- umomumiiiiiiiiiiiiiiiiiimmullllllllllllllll 1111111111111111111 C-2 0000000000000000.0u0000000000000000000000000100000000000001 1111111111111111111, 1111111111111111111 11111111111111111 IIIIII 11111111111111111111111111111,11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111 11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 000R- , CZ i "�YWIN4alhNdi011....,,,, ullll,l,l,l,lll�� 111111 IHE I II11II11II11II11II11IIuul11II11II11II11II11II11II11II11II11II11II11II11II11II11II11II11IIIIIuIIuuII111111, V, V, V, l„ „„ IIIIIIIIIIIIIII, V, V, V, V, I1IIV,IIIIIIIIII1, V, V, V, V,1V,IV,IIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111 -Z M-1 M-1 cri ��o�m�Ju�, 4 amumM�'mxpiu�'�uuurJ�M� rloo Near the Interesction of MLK Jr Drive and Idaho Street Site Plan Amendment DGOGWaterlooiaioo32oi8 LLC Page 28 of 173 City of Waterloo City Council June 3, 2019 i,„„„„ 11111111111111 IIIIII �luul��� �IIIIIIIIIIIII -► f�I� III II1lllllllll1„.,monpop South of 506 Nicholas Site Plan Amendment DGOGWaterlooia1oo32018 LLC Page 29 of 173 2 9 05? z uJ0 1±-1, Lj z 1,1 LS72 cco 6 " > ± 'c! z. 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OW INV Id 1S 3M 600, 315 `.3 ,VIdddWl 8651 011 `JNI2,133NIJN3 / Sl I V l3 Q LT,• LO l' U J ��1�Q PU1TJA®VMOI`001H1VM 1VHANAJ 2�b11O4 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M- ", "CP", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLAN 1NG, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amend ent uilding Minor change (check one) ( morehange ust be approved by staff) I. APPLICATION INFORMATION: a. Applicant's name (please print). DGOGWat erloo1a10032018 ILC Address: 1598 Imperial Center Phone: 417-256-4790 Fax: 417-256-8152 City: Itist Plai s State: issouri Zip: 65775 b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): If other explain: contract buyer c. Property owner's name if different than above (Pease print): City of Waterloo Address: 715 Mulberry Street City: Waterloo 2. PROPE TY INFORMATION:, State: Phone: -.319-291-4323 Fax: IA Zip: 50703 a. General locatio of site plan re be amended: NEC MLK Drive & Idaho Street b. Legal description of property or portion ts be amended: see attached survey c. Dimensions of proposed site plan amendment: d. Area of proposed site Oa aniendment: 1.47 acres C- P 270 x 240 e. Current zoning: f. Reason(s) for site plan amendment and proposed use(s) of property: Development as a Dollar General retail store Conditions (if any) agreed to (does not affect existing conditions unless specified): n a h. Other pertinent information (use reverse side if -necessary): n/a Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), SI 00 (for individual Building), or SO (for minor change) (payable to the City of Waterloo) is required. This fee is n n -refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the info ation given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered oy the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigne ocertify under oath and under the penalties of perjury that all informati n 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 Co mission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Owner Date Page 40 of 173 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 3, 2019 to approve the request by the Dollar General to vacate 1.47 acres of City Right -of -Way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, and instruct the City Clerk to publish notice. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department P la.nning & nlng Planning &"; ning (I 1.erk. Office ATTACHMENTS: Description • air ..cpor • Overview Map o eria a CI Vacate, Area C Application SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Schroeder, �„ c lyhei ger, o eth.. S ch.r0Cder, Aric Rigby, i by, N Tic y Action Rejected ppTovecl A p p r� o v e d. Approved.. Type C over Cover Menlo Cover M e i0 (.../over Met0 Cover 'Me ?to Date 5/14.11( 1. Q.. ......AM 5/14/2019 ,,,,,, 1 AM P ' M IIq�5 AM5/15/2,0119 07 AM Resolution setting date of public hearing as June 3, 2019 to approve the request by the Dollar General to vacate 1.47 acres of City Right -of -Way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as June 3, 2019 for a request by DGOGWaterlooia10032018 LLC (Dollar General) to vacate 1.47 acres of City Right -of -Way, located northeast of Idaho Street and Martin Luther King Jr. Drive. The request to vacate a 1.47 acres of City Right -of -Way would not appear to have a negative impact on the neighborhood. The Planning and Zoning Commission recommended unanimous approval of the City Right -of -Way vacate at their regular meeting on May 7, 2019. None N/A Page 41 of 173 Policy Issue: Alternative: Background Information: Legal Descriptions: Strategy 1.3 Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. N/A N/A A part of the southeast 1/4 of Section 19, Township 89 North, Range 12 West of the 5th P.M., and a part of existing Idaho Street in the Southwest 1/4 of said Section 19, all in the City of Waterloo, County of Black hawk, State of Iowa, more particularly described as follows: Commencing at the center of said section 19; thence North 88* (Degrees) 43' (Minutes) 55" (Seconds) East, (Assumed bearing for the purpose of this description) on the north line of the southeast 1/4 of said Section 19 a distance of 16.5 feet to the present east right-of-way line of Idaho Street. The point of begging of the parcel herein described; Thence North 88* (Degrees) 43' (Minutes) 55" (Seconds) east on the north line of the southeast 1/4 of said Section 19, Also being the present east right-of-way line of Idaho Street and its extension easterly, 182.94 feet to the southwesterly line of the Canadian National Railroad, Thence southwesterly on the southwesterly line of the Canadian National Railroad, Being a 1,879.86 foot radius curve concave southwesterly and having a 105.63 -foot long chord Bearing south 46* (Degrees) 28' (Minutes) 08" (Seconds) east, 105.64 feet (ARC Length); Thence southwesterly on a 211.04 radius curve concave southeasterly and having a 215.72 -foot long chord bearing south 12* (degrees) 01' (Minutes) 17" (Seconds) west, 226.42 feet (Arc Length); Thence south 52 (Degrees) 56' (Minutes) 38" (Seconds) west, 67.54 feet; thence north 70* (Degrees) 38 (Minutes) 19" (Seconds) west, 164.88 feet; Thence North 01* (Degrees) 05' (Minutes) 55" (Seconds) west, 265.78 feet to the Point of Beginning. By Survey containing 63,883 square feet, or 1.47 acres. Page 42 of 173 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: Vacate- Idaho Street and MLK Drive June 3, 2019 Request by the DGOGWaterlooia10032018 LLC (Dollar General) to vacate a 1.47 acre drainage easement and City right-of-way, located northeast of Idaho Street and Martin Luther King Jr. Drive. Dollar General, 1598 Imperial Center, West Plains, MO 65775 The applicant is requesting to vacate the drainage easement and right-of-way to allow for the redevelopment of the site as a Dollar General. The request to vacate a 1.47 acre drainage easement and City right-of-way would not appear to have a negative impact on the neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the section of right- of-way is not needed for transportation purposes and the drainage easement is being relocated. The Martin Luther King Jr. Trail is located just north of Martin Luther King Jr. Drive and connects to a sidewalk along the east side of Idaho Street that is adjacent to and runs along the west side of the proposed Dollar General site. The area in question has been zoned "C -P" Planned Commercial District since July 27, 2009 when the land was rezoned from "R-3, R -P" Planned Multiple Residence District. Surrounding land uses and their zoning designations are as follows: North — Vacant land, trees, and homes, zoned "C -P" Planned Commercial District, "C-1" Neighborhood Commercial District, and "R-2" One and Two Family Residence District. South — Vacant Land and Martin Luther King Jr. Trail Head and Trail, and Martin Luther King Drive, and zoned "R-3, R -P" Planned Multiple Residence District. East — Vacant Land, trees, and homes, and zoned "R-2" One and Two Family Residence District. West — Vacant land and homes, and zoned "R-2" One and Two Family Residence District and "R-3, R -P" Planned Multiple Residence District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Page 1 of 3 Page 43 of 173 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF Vacate- Idaho Street and MLK Drive June 3, 2019 The surrounding area is vacant land to the south and west. The homes to the north and east of the project site were primarily constructed in the 1960's. The eastern side of the proposed parcel is located in the 500 - year and 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 C0193 F, dated July 18, 2011. The proposed Dollar General building location is not located within the 100 -year floodplain. Highland Elementary School is located 0.73 miles to the south, George Washington Carver Academy is located 2 miles to the northeast, and East High School is located 1.1 miles to the east. There is a trail head for the Martin Luther King Jr. Trail abutting the site. This trail head will remain. There is a 15" sewer line and (5) 48" X 50' drainage culverts just north of the project site. There is also an 8" water main along the west side Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. The Future Land Use Map designates the area as Mixed Commercial: Medium to High Density Residential, Professional Office and Compatible Commercial, and this request would be in compliance with such designation. The request to vacate a 1.47 acre drainage easement and City right-of-way would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The section of drainage easement and right-of-way proposed to be vacated is no longer needed for public purposes, drainage, or transportation purposes. The area is excess right-of-way that was acquired for the construction of Martin Luther King Jr. Drive, and is adjacent to a tributary of Blowers Creek. The vacated area will provide for the redevelopment of the site as a new Dollar General store. The Planning and Zoning Commission recommended unanimous approval to vacate the City Right -of -Way and easement at their regular meeting on May 7, 2019. There would be no platting required in relation to the request. Page 2 of 3 Page 44 of 173 June 3, 2019 RECOMMENDATION: Therefore, staff recommends the request to vacate a 1.47 acre drainage easement and City right-of-way be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The right-of-way is not needed for transportation or drainage purposes. 4. The request would bring new economic development opportunities to the area. Vacate- Idaho Street and MLK Drive Page 3 of 3 Page 45 of 173 City of Waterloo City Council June 3, 2019 M-2 00000Jili -3 RI R -P 11111111111111111111111111111111111111111 1111111111111111111111111111111111 IIIIIIIIIIIIIIIIII 1111111111111111111111111111111111111111111111111 11111111111111111111111111111 11111111111111111 uuuuuul uuuuuuuuuuuuuuuuuuVuuu, uuuuuul uuuuuul 1111111111 1111111 1111111111 1111111111111111111111111111,111111111111111111 lllnllllllllllllllllllll� 1111111 111111111111 A-1 11111111111111111111111111111111111111111111 ullllllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII u�uulllllllllllllllllllllllll ullllllllllllllllllllllllllllll IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII u�uullllllllllllllllllllllllll�u I ulllllllllllllllllllllllllllll0ullllllllllllllllllllllllllllllll, C-1 ..............��IIIIIIIIIIIIIIIIIIIIVP............... 1111111111111111111 M -2,P Q 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111 111111111111111111111111111111 Iuu,ou, jiii iii iii,iu,iu,iu,i!u,iu,iu,iu,iu,iu,iu,igIIu,iu,iu,iu,iu,iu,iu,i!u,iu,iu,iu,iu,iu, .,1 C.72 11IvIIIIuuIIVIppI I 11111111111111111111111111111111111,1 1111111111111111111111 ouuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu, u111111111r""" llllllllllllllllllllllllllllllllllllllllllllllllllimllulllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllf A-1 A-1 A-1 I1,ullllllnlllllllllllllll A-1 M-1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIu11111II,III, (IIIIIIIIIIIII R-3 R-3 uluuuuuuii ii ii ii ii ii ii 1 ii iiii C II II II II II a 11111111„no. 2.. 00) V R-30000- umomumiiiiiiiiiiiiiiiiiimmullllllllllllllll 1111111111111111111 C-2 0000000000000000.0u0000000000000000000000000100000000000001 1111111111111111111, 1111111111111111111 11111111111111111 IIIIII 11111111111111111111111111111,11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111 11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 000R- , CZ i "�YWIN4alhNdi011....,,,, ullll,l,l,l,lll�� 111111 IHE I II11II11II11II11II11IIuul11II11II11II11II11II11II11II11II11II11II11II11II11II11II11II11IIIIIuIIuuII111111, V, V, V, l„ „„ IIIIIIIIIIIIIII, V, V, V, V, I1IIV,IIIIIIIIII1, V, V, V, V,1V,IV,IIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111 -Z M-1 M-1 cri ��o�m�Ju�, 4 amumM�'mxpiu�'�uuurJ�M� rloo Near the Interesction of MLK Jr Drive and Idaho Street Vacate Right -of -Way DGOGWaterlooiaioo32o18 LLC Page 46 of 173 "iii Vp'lll��lyl., 'ail �NI�JIV�IV�'�I�91NI�J'iri�;� M'� Ilpi��l'�I III�'ll'IN�Oplld'Va°"„. IIIIIuIiI�M���"��q'IM�iYI Request to Vacate approximately 1.47 acres of excess right- of-way at the northeast corner of Idaho Street and MLK Drive 111111111V YVplld,lrlll III; pYI;;;,��I�M,��II��IIII:II�Irb4�,,lil' I'” 110,110I' I'II' ?pltl 11 II " VIIIJI P Illlllli°I, YNIIII Nicholas Street ll i ,..,„ I ° reg, "11;rl�" II' Itill '!'IY�'Yi'I�g�l vil p�W��JVivl'',uiI;1111"V� 1�,01y;��!'�ti��i�';i lug"��VIV!I"rVnii„ ,�,. lup0'110�0���; ^II��m'� �m �u �° ul �i�,mlo lul�lurl IUVIIIJ IVIV 4 um ��W��V�'NNV�W�il�llllV j YV��IIu'I�il d��a IuIN4Vll �l °h luVl�lll�l���m�lu�i� IIIVII W'uIN o VG V u n" I �Illlilii^�u0!'wwwwwmx,�. 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Egr'111591:11a ;g-I��7G Ati2:;,i'..;;1Prill'it,, ���vvrlI�',7�IC����[rrO� ini+'Ikh�g1��r^�rC7mx 1-,_1: 1.� Q [.� FT1 r*ti #h {j ISti ;:liai-:-:01:1:,-:Uhi � � rPti4 ie- C} rIlov;,m,1io+o ! x! A ,5,1'7'f-7 ;; ---1 ` s 1301ANW011d1813d 0 0011 z z Pa r n o -a 14 AoFi 0Ann -v O o cn 0 rn ,;f`' FILED IN MAP DRAWER -pawl!) BY: MICHAEL R. IMAGO, USN TECH, 501 SYCAMORE STREET, Suite 222, WATERLOO, IOWA, 50703, 319-232--6531 NE9T000-6TN atTd 11UO03U H1IWS "1 3IONvS v A u�no J H plata '�5,,� }}�, �'a/'� yE 10 i �+OUyvjd 00' L ` . +�;wv 'Red WV 9Y��: of F1�Jy nrn•■ 6F1}O'1{8/ /G+O/4/�' 0 xJ:papTi o+.+4,1uy1 N3D 4 e Al I OV Y L g Y J O Y :GI I 0 0 4 lIflIH 11111131 Blllq' III 1plllllltll p, 00ed Page 48 of 173 Applicant: City of Waterloo tanning & Zoning Department 715 Mulberry Street, Waterloo Iowa 50703 (319) 291-4366 11M Offer to Vacate and Purchase City Right -of -Way 11 Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreeme DI Sale of City -Owned Property 44 Address: POPP. Phone No.21, General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: ,111 of' 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • ight-of-way vacation — One Hundred Seventy Five Dollar0175-.-00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not re s dived to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2, Offer Price* ate: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the uilding & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions O May decrease price by 50% for area located within an easement: O May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): o Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions — Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and p ,rchase City right-ofway must be accompanied by a signed "Intent to Vacate" form for each abutting proper-ty to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the 'Building. and Grounds Committee or City Council. Any such applicant shall need to request review to ,Building and Grounds through a City Council member,. 3. Publication ai d Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement: The following easement shall be retained: . Other: Please pro ide additional const tion e and/or aerial photo of the area to be vacated if the request involves reason for the request. Applicant 2, Date Date *Not required for easement vacates sidewaik vacates or Encroachment Agreements Page 49 of 173 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 3, 2019 to approve a request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District located northwest of 4455 Remington Road, and instruct the City Clerk to publish notice. City Council Meeting: 5/20/2019 Prepared: 5/14/2019 REVIEWERS: Department P laming nlii.ig Clerk Office ATTACHMENTS: Description Council Pack t SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Ari lig yvy N ancy Action Approved proved Approved. Type Cover Date 5/1a 5/ 15/0,01 ,,,,,, 0:0 . M Resolution setting date of public hearing as June 3, 2019 to approve a request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District located northwest of 4455 Remington Road, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by Resolution setting a date of public hearing as June 3, 2019 to approve a request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District located northwest of 4455 Remington Road, and instruct City Clerk to publish notice. The area is zoned "A-1" Agricultural District and has been zoned as such since being annexed to the city in 2018. Surrounding land uses and their zoning are as follows: North — Agricultural zoned "A -L" Agricultural -Limited District by Black Hawk County, "A-1 "Agricultural District and "M -2,P" Planned Industrial District. South — Agricultural, Union Pacific Railroad, and Commercial zoned "M - 2,P" Planned Industrial District. East — Commercial zoned "M -2,P" Planned Industrial District. And a quarry zoned "A -L" Agricultural Limited District. West — Commercial zoned "M -2,P" Planned Industrial District. The applicant is requesting to rezone 20.22 land from "A-1" Agricultural District to "M -2,P" Planned Industrial District. The Planning, Programming, Page 50 of 173 Summary Statement: and Zoning commission recommended the land be annexed to City of Waterloo on June 5, 2018 with the City Council approving the annexation on July 30, 2018. When land is annexed into the city it is automatically zoned as "A-1" Agricultural District and therefore needs to be rezoned to match the zoning in the surrounding area. BMC Aggregates located to the northeast of the site is not opposed to the rezone but wants staff to know that when potential businesses are looking at the site they be made aware of that BMC does blast rocks at their facility. Therefore, staff recommends that the request by the City of Waterloo to rezone 20.88 acres from "A-1" Agricultural District to "M -2,P" Planned Industrial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 4. The request would appear to have a positive impact on the area by providing more industrial development options on a site already served by multiple infrastructures. At the May 7, 2019 meeting of the Planning, P ro gralnining and Zoning Commission the request was unanimously recommended for approval. Expenditure Required: None S ource of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Legal Descriptions: The Northwest 1/4 of the Southwest 1/4 of Section 15, T 89N, R12W, except the North 1/2 thereof, Black Hawk County, Iowa. Page 51 of 173 May 7, 2019 REQUEST: Request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District located northwest of 4455 Remington Road. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone a recently annexed property DESCRIPTION: from "A-1" Agricultural District to "M -2,P" Planned Industrial District to match the surrounding zoning. The proposal would not appear to have a negative effect on the surrounding area as the area is primarily industrial. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is TRAFFIC served by Elk Run Road which is a Minor Arterial. CONDITIONS: RELATIONSHIP TO The nearest recreational trail is along the north side of Martin RECREATIONAL Luther King, Jr. Drive. There are no sidewalks located in the area. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: The area is zoned "A-1" Agricultural District and has been zoned as such since being annexed to the city in 2018. Surrounding land uses and their zoning are as follows: North — Agricultural zoned "A -L" Agricultural -Limited District by Black Hawk County, "A-1 "Agricultural District and "M -2,P" Planned Industrial District. South —Agricultural, Union Pacific Railroad, and Commercial zoned "M -2,P" Planned Industrial District. East — Commercial zoned "M -2,P" Planned Industrial District. And a quarry zoned "A -L" Agricultural Limited District. West — Commercial zoned "M -2,P" Planned Industrial District. The area consists of Industrial uses built between 1952 and 2009. No buffering will be required for this request. DRAINAGE: A drainage plan will not need to be submitted for this request. FLOODPLAIN: NW of 4455 Remington —Al to M2P The property is not located in Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0283F, dated July 18, 2011. P40 52f 6f 173 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: NW of 4455 Remington —Al to M2P May 7, 2019 The nearest schools are Highland Elementary located 2.6 miles to the southwest, Bunger Middle School located 2.42 miles to the southwest and East High School located 3.62 miles to the west. The nearest open space is the Spring View Park located 2.44 miles to the south. There is a 24" sanitary sewer line that runs from 4455 Remington Road along Remington road before turning south about halfway down Remington road to the south of property to be rezoned. There is also a 18 — 24" storm sewer located in Remington Road along with 4" drain tiles located on each side of Remington Road. The Future Land Use Map designates the adjacent area as Industrial however, the property in question was just recently annexed and is not included in the Future Land Use Map. The applicant is requesting to rezone 20.22 land from "A-1" Agricultural District to "M -2,P" Planned Industrial District. The Planning, Programming, and Zoning commission recommended the land be annexed to City of Waterloo on June 5, 2018 with the City Council approving the annexation on July 30, 2018. When land is annexed into the city it is automatically zoned as "A-1" Agricultural District and therefore needs to be rezoned to match the zoning in the surrounding area. BMC Aggregates located to the northeast of the site is not opposed to the rezone but wants staff to know that when potential businesses are looking at the site they be made aware of that BMC does blast rocks at their facility. The applicant is not planning to subdivide the property at this time. Therefore, staff recommends that the request by the City of Waterloo to rezone 20.88 acres from "A-1" Agricultural District to "M -2,P" Planned Industrial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 4. The request would appear to have a positive impact on the area by providing more industrial development options on a site already served by multiple infrastructures. 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N A'NNNuIuNN °IVP ��pll'iIIIIIIIuVIIm l�lill I � uuuul�lll 1 � lig I�' I I dWN�� IIII liiiiil IIIIIIIIIIIIIIIIIII�������I'� 5 , r, , . ,'Y I aN^ IN�uuumuuuuu w' ” l u IIIIIIully ..I9�VIG. .III!IPu 9111911Ph uV�l"", �..., ii M II �Im �i '"�' ',��� 1.0..... i,Gy;���l;"pIWW�IIhII� vW � '�"Ilx•gll..�,yu !°' m mI rMrWI„ , µm „rWllllpuliiilliljO'u'I�W' d�ol,01 I .' x Imlml'9pp 11I,ddn cdl� ry"pu � p , awnn•nAM R" "N""mmN ru�:mlml NEWELL ST NEWELL ST NEWELL ST 1111111111111111111111111 00000.01 000010000000 -.111111 1111411, dYi p,1g11 m ��W� Iw'I Y' �S1a w tl.11,111Wr,,,,y'^I,,lir hNlwiN, r',���;1m,'Iplr°r'�1',y"�r{tW1%,d1�' rcd�V, Rl 500 250 0 500 Feet 111111111111111111111111111 NW of 4455 Remington Road Rezone A -i to M -2,P City of Waterloo Page 54 of 173 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 1,000 500 0 1,000 Feet NW of 4455 Remington Road Rezone from "A-1" to "M -2,P" City of Waterloo Page 55 of 173 Rezone NW of 1944 Remington Looking northwest from Remington Road. �Io f ( fl l am li 111 qi IIIIII I ,uu1m 4111111 III II uiiiiji �)" a IIIIIYItillll)I 1 �Il�ifldiiluuli,'t t.......'���I��uiimiuuuuupullu4ulVolYfl�,�mwm�l�+ '� II., 9VI"Upl„luu mMuuul 1(,'I Il�r(lllllluud III u(!'iii1111iiI)luuuuuuuul ul; lumliiim uuu i” uv f I III 1 If�pIUII �v^ �fl ���I���! �1�PlIf"III � I� �; III II�Y� W"W III I II��I�IIIIIIIIII�IIIIIIII�I I'lll IIII �lll ' " 1�"'"' X1111 IIIA Q r Ir 11 uuu IIIIII iw p, ul I u �iir I'' Ili uVll I... III!!! II 11IU NffII M1 ll� dIIIIIIIPv u!IIIII�IInIWl11lllllll Idtlllhul ou0lilll(uullll6 h'hhIP11)11!11,1,0,;lh,Thh fl� WWhhhol�IkIhn,h' / h f i1i Looking north from Remington Road. I 1 tll Ir riy,pVl ul fl(f(("IYudf41(IuIWEII h.h•-•Nsuluw• oul "flflirl �IYII(II� C�IWlllili RN oyl un9fll��l P�+ aiY dfll °I gal ,�l a Y,1> YhlwYlrl ��Huur� �VI�II�II���P�"��M17I��II�flV����II�QfIYmlwnlllfll�" �^�rilrl��illlai�l��� rvl��- Looking east from Elk Run Road. Illllhpil I1111111111111111111111111111111111I flr 01111111111111 atm Mom 1 111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 rile I I �� mmmmmmm� IIII III IIII 111111 VIII Np � °w. Looking northeast from Elk Run Road. Page 56 of 173 I�J p,ulllllluull � .. , rI!I"�Igpu Ittn'�iiIIIII ;i,,,,,I "1 p IIIIIIIIII^III I I jlli�i Pre I��yd uIAV I uNI ilrlllpuuimm I�IIIII �iigU�.�;1 ull�uuuiinll „u�"��I lii�l,u i Illljijiii'jji If � Illilll'llll Looking from Elk Run road at the BMC Aggregates entrance. nir�ii I 1 i III iiui llllllr�lllllllllllllllllllllllllll �hm r mrri III �IouuNVl�urcllVilii41i '��IVfltlll mi III�((�I Ilii, ^�11V ulFll ', II„ Mr IIIiiINIIIVI�1I1 I�1VIIIIIIIIIIM Looking south from the MBC Aggregates driveway. Page 57 of 173 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Cril OP W irre4t.-00 Address: 1I (VNLI3F2R S-7 Phone: 31, — @, )— L.13(01, Fax: City: LAA -70.1,450 State: Zip: 6O-703 b. Status of applicant: (a) Owner )( (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: t/NJ cP L-11-1 eswo/Nlir-To b. Legal description of property to be rezoned: Njk)S1") 6•)( (A..) FT Pi4L- 14G- (A) (ltr ISi4 (i9 ..a 4- Occ_ da -7141.2. eor:' c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): c90, 14cer5 e. Current zoning: Requested zoning: fv,61 f. Reason(s) for rezoning and proposed use(s) of property: g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of erjury that all information on this request and submitted along with it is true and correct. All information submitted ill be used by the Waterloo Planning, Programming, and Z.. Commission Commission and the Waterloo City Council decision. The undersigned authorize City ficials to enter the prop- u- : fo 1 regars to te equest. Signature of Applicant 2L -J,1? Date Signature of Owner Date Page 58 of 173 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 3, 2019, to approve the request by MMS Consultants, on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings located east of 1994 Newell Street, and instruct the City Clerk to publish said notice. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department P larmni rmg & �i :ng Clerk (I) fic v ' lan n m rm.g u,'': olmmrm. u., a Pmmmmm_mm_ Sc fling .anni ori mrig Clerk affiee ATTACHMENTS: Description CI Staff Report o Overview `'. a o Aerial riai .M a ▪ raffle t c (I) ions ms Site ▪ Site distances Sanitary e er ,ter CI Water , ▪ P let -tires ▪ A.ppl cat .c: n. SUBJECT: Submitted by: Reviewer Action Schroeder, Ark,. . pproved i T-"1, igyy 'Nancy ®anc yRejected Rigby, m by, N ,n cy R. e j ecte . o c .gym roes.emA m: me Approved oved. Schroeder, Ark; Approved.. Na�ii.mcy Approved Type Cover Cover M Cover M ern..o Cover M..1 iO Cover Memo Cover Mc.. .m..( Cover Me m..c Cover Memo Cover 'Me, Cover Memo Cover Memo Date 5/15/' 01 9:541„ AM ..)/15/2 , 19 ,,,,,,, w 16 . _M 5/15/2019 01 i ( 17 AM / 1 5/. 019 ,,,,,,, i .18 AM Resolution setting date of public hearing as June 3, 2019, to approve the request by MMS Consultants, on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P” Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings located east of 1994 Newell Street, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval Transmitted herewith is a request by MMS Consultants on behalf of the City Page 59 of 173 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: of Waterloo for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of a 416,678 square feet of warehouse, o ffic e and maintenance buildings located east of 1994 Newell Street.. The applicant is requesting a site plan amendment in order to c o ns truc t 416,678 square feet of warehouse, office and maintenance buildings with 204,160 square feet in the initial phase and 212,518 square feet in future phases. None N/A Land Use and Economic Development, policies 1, 3 and 4. N/A The applicant is requesting a site plan amendment to build a multi -p has e facility with phase 1 showing 204,160 square feet warehouse, office, and maintenance building in the Northeast Industrial Park Plat 4. The site will consist of a 187,500 square foot warehouse and attached 6,326 square office in addition to a 10,194 square foot maintenance building. The site plan also shows 389,426 of parking area, and 603,940 square feet of green space. Phase 2 would include 62,518 additional square feet of warehouse space and additional parking. Phases 3 and 4 would each add 75,000 additional square footage to the site and additional parking. Parking requirements include 1 space per 2 regular employees, for warehouse, 1 space per 300 square foot of o ffic e space, and 1 space per 500 square feet of maintenance space. The site plan estimates a need for 78 parking spaces but includes 141 parking spaces. Truck traffic will be using Newell east of the site. A left turn lane is being proposed for truck traffic turning into the facility and the applicant will work with the city traffic department to study what other improvements will need to be made to Newell east of the site.. Approximately 120 trucks per day would be traveling between the facility and the John Deere factory. Only 6 trucks per day would be heading westbound and the company has been informed that the preferred route for these trucks would be to use MLK Jr. Drive, Northeast Drive, and Newell Street to reach the facility. The buildings do meet setback requirements for the district. This would be the 4th facility of its kind the company has built with two of them in the state of Iowa and the other two in Wisconsin and South Carolina. The company intends to build the office first and is looking to have office space that is nicer quality building than typical warehouse type o ffic e space. Neighbors have expressed some concerns about the buffering between residential areas to the west and the proposed site and want to insure the city keeps to its agreement to limit truck traffic along Newell to the west of the Page 60 of 173 Background Information: site. Staff understands the issues that the people along Newell have with trucks and is not looking to put any more trucks on Newell west of the site. Staff has received 8 calls from neighbors and once informed that a majority of the truck traffic would be heading east, and that the small number of trucks heading west would be instructed to use MLK, Northeast, and Newell to the site were satisfied that everything was being done not to direct truck traffic toward the residential areas. Staff also understands that with US Highway 63 closed that some trucks are probably using Newell more at the present time but once US Highway 63 reopens conditions should improve. At their May 7, 2019 meeting, the Planning, Programming and Zoning Commission voted 6-0 to recommend approval of the request. Therefore, staff recommends that the request for the site plan amendment for 416,678 square feet of warehouse, office, and maintenance be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial. 4. The development would appear to be similar to adjacent industrial development in the area. And with the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. The applicant work with the city traffic department to design roadway improvements to the section of Newell east of the site. 3. The applicant attempt to design the entrance and exit to the facility so that trucks are encouraged to tum east on Newell Street. Legal Descriptions: See exhibit A Page 61 of 173 zill] U s EEO O .J op ou qgy a. .9 CO i V7 O O Q W 1 Z O U J W Q aJ � J. � p Z w J ( C7 3 o \ Z1��uny 8 O w 1:,:1 N o o m Q � m ,1,- Z y E 3 (PROJECT ARCHITECT: JET THE INFORMATION CONTAINED HEREIN T J OF A PROPRIETARY URE AND IS SUBMITTED IN CONFlCE FIXi USE BY t357ai)'7gs CLIENTS OF MON DITECTS, INC. IXT1E OFE DOCUMENTS ANHERJECTS, PURPOSEOCANCATON, REPROTIORIBUPON INDINDUAL OR ORGANIZATION NITHOUT NRITTEN PERMISSION FROM MODERN DESIGN ARCHITECTS. INC. IS PROHIBITED. THE INFORMATION HERpN REMAINS THE PROPERTY OF MODERN DESIGN ARCHITECTS. INC. ANO ITS USE OR DISCLOSURE TO OTHERS IS PROHIBITED FOR ANY USE NOT `ANTHORI]FD RY MODERN DESIGN ARCHITECTS, INC. SHEET TTLE. OVERALL SITE PLAN p EL U W N F Q o O Y IcEm < o - Z C5 < °- i O - >2 rV a Z WJo zI- Q aQ � � m J W L.L � D T a W 0Y Z CO J 0E- El 0<o IE o� Z O± U~ 0 a e 6 � � U o � 000 hhZ oar -no � N U O U K ZO Q N N 3zz 00 dUF z�N d � O as aaw aos _ N mow � U O2�D N F U W � W �3N ow Z U ❑ ooa �Ow p U U Q O O Q 00 00 U W Q LL ao N W a'o o� LL! U Q J �D) Vg aha Q�pZ J N Q d N¢�twil .SEE ARCHITECTURAL PLANS FOR COVENANTS WAREHOUPA 1 SSE CES REQUIRED PER 2 REG EMPL (73 EMPL x 0.5) 37 SPACES OFACE 1 SPACE REQUIRED PER 300 (6,326 SF / 300) 21 SPACES VEHIC1LESPACE M NET REQUIRED PER 500 (10,194 SF /500) 20 SPACES ▪ Co ° COQ+0, „AR p u>n � J � 7W� GF EIE DEVELGPME ec eFFnnFvr REGGRDED IN 60� 61 _ _ _50_'22'OB_E_ _ -- 51 25 p6,E 500'25'27"E 429.0 (R)( 1[0," 11111111111111111/IIIIIII IIIIIIIII IIIIIIII IIIIIIIII IIIIIIIII IIIIIIII IIIIIIIII 111111 IIIIIIII IIIIIIII IIIIIIIII IIIIIIII IIIIIIII IIIIIIIII IIII IIIIIIII IIIIIIIII IIIIIIII IIIIIIIII IIIIIIIII IIIIIIII IIIIIIIII 111111 IIIIIIII IIIIIIII IIIIIIIII IIIIIIII IIIIIIII IIIIIIIII IIII1111111111111111111111111 ��������� 11111111111111111111111��� ������ 11111111 1111111111111111 �������� 111111111111����� ���� ‘Nsm N60'58'42"WT 135.52' o ; EAST LINE OF THE WEST 194.40 FEET OF THE TYES7 194,Z0 FEE7 OF ME MN 1\\Z = N00.58'42"W 586.87,R). N00.5,42 T May 7, 2019 REQUEST: Request by MMS Consultants on behalf of the City of Waterloo for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of a 416,678 square feet of warehouse, office and maintenance buildings located east of 1994 Newell Street. APPLICANT: MMS Consultants Inc, 1917 S Gilbert Street, Iowa City, IA 52240 GENERAL The applicant is requesting a site plan amendment in order to DESCRIPTION: construct 416,678 square feet of warehouse, office and maintenance buildings with 204,160 square feet in the initial phase and 212,518 square feet in future phases. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use of the area as the site has SURROUNDING been zoned Industrial since 1995. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Martin Luther King Jr. Drive to the south and Newell CONDITIONS: Street to the north, and both streets are classified as Minor Arterials. As part of the project Newell Street will be improved east of the plat site. Approximately 120 trucks per day would be using the facility heading eastbound to the John Deere factory. Only about 6 trucks a day would be coming from the west and the company has been told the preferred route would be MLK Jr Drive, Northeast Drive to Newell Street in order to avoid truck traffic using Newell west of the site. A 3 -way stop will be created at the entrance to the facility with a left turn lane from westbound Newell Street into the facility and the speed limit reduced on Newell Street from 45mph to 35mph. RELATIONSHIP TO The Martin Luther King Jr. Drive Recreational Trail is located to the RECREATIONAL south of the proposed plat along the north side of the roadway. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area in question is zoned "M -2,P" Planned Industrial District FOR SITE AND and was rezoned from "A-1" Agricultural District in October of 1995. IMMEDIATE VICINITY: Surrounding land uses and their zoning are as follows: North — Vacant development ground, zoned "A-1" Agricultural District. South — Vacant development ground, zoned "M -2,P" Planned Industrial District. East — Existing industrial development, zoned "M -2,P" Planned Industrial District. West — Vacant development ground zoned "A-1" Agricultural District, and residential development further to the west zoned "R- 2" one and Two Family Residential District. E of 1994 Newell St — SPA Page 1 of 4 Page 63 of 173 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: E of 1994 Newell St — SPA May 7, 2019 The area is comprised of agricultural land, industrial development that has been constructed in recent years and the City View Heights Subdivision that developed in the 1940s and 1950s. No buffer will be required for this request. A drainage plan will need to be submitted to the engineering department. No area is in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0193F, dated July 18, 2011. The nearest schools are Highland Elementary 1.4 miles to the southwest, George Washington Carver Academy is located 2.43 miles to the northwest, Expo Alternative High School is located 1.09 miles to the southwest, and East High School is located 1.83 miles to the southwest. Springview Park is located 0.3 miles to the west of the proposed development. A 60' utility easement that extends from Martin Luther King Jr Drive to Newell Street along the proposed driveway which currently has a 24" Sanitary Sewer line and a 36" storm sewer line. There is also water at the site. The Future Land Use Map designates this area as Industrial. The plat would be in conformance with the Comprehensive Plan and Future Land Use Map for this Area. The applicant is requesting a site plan amendment to build a multi- phase facility with phase 1 showing 204,160 square feet warehouse, office, and maintenance building in the Northeast Industrial Park Plat 4. The site will consist of a 187,500 square foot warehouse and attached 6,326 square office in addition to a 10,194 square foot maintenance building. The site plan also shows 389,426 of parking area, and 603,940 square feet of green space. Phase 2 would include 62,518 additional square feet of warehouse space and additional parking. Phases 3 and 4 would each add 75,000 additional square footage to the site and additional parking. Parking requirements include 1 space per 2 regular employees, for warehouse, 1 space per 300 square foot of office space, and 1 space per 500 square feet of maintenance space. The site plan estimates a need for 78 parking spaces but includes 141 parking spaces. Truck traffic will be using Newell east of the site. A left turn lane is being proposed for truck traffic turning into the facility and the applicant will work with the city traffic department to study what Page 2 of 4 Page 64 of 173 May 7, 2019 other improvements will need to be made to Newell east of the site.. Approximately 120 trucks per day would be traveling between the facility and the John Deere factory. Only 6 trucks per day would be bringing parts in from outside Waterloo and those trucks will primarily be coming via Interstate 380 to Elk Run Road. The buildings do meet setback requirements for the district. This would be the 4t" facility of its kind the company has built with two of them in the state of Iowa and the other two in Wisconsin and South Carolina. The company intends to build the office first and is looking to have office space that is nicer quality building than typical warehouse type office space. A neighbor has expressed concerns about the buffering between residential areas to the west and the proposed site and wants to insure the city keeps to its agreement to limit truck traffic along Newell to the west of the site. A second neighbor called and requested that the item be tabled so that they could have more time to look over the proposal and make comments. The caller stated that they would like to see the trucks enter and exit on MLK Jr. Drive instead of Newell. The community pressed for MLK JR Drive to be increased to 45mph to encourage truck traffic to use it instead of Newell and pushing a large amount of slow accelerating trucks from the site onto MLK Jr. Drive would create a significant safety issue. An acceleration lane could be added to address the west bound traffic but a majority of the traffic would be taking a left turn out of the site onto MLK Jr. Drive. This could result in MLK Jr Drive needing to have its speed limit reduced for safety reasons and increase congestion in the area causing trucks drivers on tight schedules to look for alternative routes including Newell. Staff is also not supportive of tabling the requests as neighbors have sufficient time before the Planning Commission meeting to review the request, and will also have significant time after the Planning Commission to make their recommendation before the time will be set for a hearing before the City Council. Staff has concerns with this proposal as it would require 120 trucks per day to turn left across MLK Jr. on a curved section of road and would most like require a traffic light to be installed on MLK JR and possibly an acceleration lane for trucks heading westbound from the facility. In fact the proposal could result in the speed limit needing to be reduced on MLK JR due to the amount of turning operations that will be created. Staff understands the issues that the people along Newell have with trucks and is not looking to put any more trucks on Newell west of the site. Staff has received 8 calls from neighbors and once informed that a majority of the truck traffic would be heading east, and that the small number of trucks heading west would be E of 1994 Newell St — SPA Page 3 of 4 Page 65 of 173 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: E of 1994 Newell St — SPA May 7, 2019 instructed to use MLK, Northeast, and Newell to the site were satisfied that everything was being done not to direct truck traffic toward the residential areas. Staff also understands that with US Highway 63 closed that some trucks are probably using Newell more at the present time but once US Highway 63 reopens conditions should improve. Platting for the site is being done under a separate action. Therefore, staff recommends that the request for the site plan amendment for 416,678 square feet of warehouse, office, and maintenance be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial. 4. The development would appear to be similar to adjacent industrial development in the area. And with the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. The applicant work with the city traffic department to design roadway improvements to the section of Newell east of the site. 3. The applicant attempt to design the entrance and exit to the facility so that trucks are encouraged to turn east on Newell Street. Page 4 of 4 Page 66 of 173 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 II II II II II II II II. 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BEND -3 N 365,71.079 E 5246171.739 15 14 WM-15- - ---PRA7rR6 ":1N, DIP 44 12 6W3.39' 1 46 36 47 1° 22 35 4-8 r1R(3)1651°07D.625 ND' 54913 E 52460.73J,, 42 43 26 31 27 30 28 29 51 52 53 54 55 56 wm_9 7„RA°rRA":,N, DIP 89.94' (PROP 90 DEG BEND 7 gr4017 P R OWPM WM-31 FH7L8T'ERMAIN, DIP HP WATERMAIN, DIP 269.21' 121.54' 11'\1RZ5VOT2TkR91'3AAIN 46015..671 Page 73 of 173 NV, SPA — East of 1994 Newell ql IsV(N wl UI 1 1 N IN� I I rlll V Illi w Nr Ili�l� iY IVNN? r u���lf I(�'(t IIIIIIIIioI'f ll' III tiWIN, NIr'wl !i�' �h�nrvw m JIVE V 1� I NY�Iw'14'IYj�W�ji711 011 l w w;u IIID ! n '11111111111110,1,0,0,1..0.!;,,'0" ,0,111,10,y, I nr 1,1,1,1,,,1111111111111111111111111111 Looking from Martin Luther King Jr. Drive toward the northwest. �NIIVNIIINimNllywN➢,I�II��1V��INI��11N11i�1V1�I��i�I�PoI�INMdP)'9h�1Vi�9tlINIVj�WW'yy�N�VVII� w �uq� ' ry�� ' ouuuouuuuuuuuuuuuml uuuuuuu����p��uViuIVIViuIIp�����p�p�����' n nimm�V'��„I�I�I"I' II VIII ^ I'I"������� IrIV�'�IwY'N"III'„r loilr6�'dn ,,I ii'Y I�iry Yllllti' tlIvIIWi• • R�YI������YIV�� a ililuo ��VYI N�ul41Vlloilmv r�'H,�� i1NNViiih r, w 1NNr N' .I• o Ylmll uos 1 pr N9NNNIW N�IIa UNIN96 i, Iswlnl r1u@ '„ NYtl0lNlbiN! rl r � s n+ rr NNII� rl r ul�l� ol� N110011000 0011111111111111111111111111111111111111111111111111111111111100 1111111111111111111111111111111111 ilim000l00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000llillio 1111IuliNls Looking south from Newell Avenue along Northeast Drive 111111101111111111110 11111111111111111111111111111111111111111111111 II 101111111,'111111111111111 oolloloomi 111111111011111100001110 1111111111111010 101 100 111 11111111111 I 1111111111111111111111111111111111111111111111 piu 1111111 11 111111111 '''1111 nriV1M'I li�l I��Ijlilill IIN'd1 ����dll'll�l��:11(Ih;�ll�'NI��IIV'I�IiI��IP-rl� II�'1111II����„„ Illl�liul�,i Illlh��u�w,, 'III,0� � 101111 III �p IwNiNNuu�IN����llll'�� r uuo1� 000000001111010100000000000000000000000000000000000o0000000000000000000000o11100000000000000000o000000000o000o001000000100011101111111111111111111111111111101111111111101111111111111111111111111111111111111111111111111111111111111110111111111111111111111111101001000000,000000,000101010010000 W'. Looking at existing warehouses along Northeast Drive. Looking southeast from Newell Avenue. Page 74 of 173 11 h� I��III IIIII� III'I� IIII�IIIIIIIIIIIIIIIII"'fo'lillll I(lullllll luliii III i VIII (IIII uuuwl.. n i,IPP„(IIIIIIII � ��� Illlli� IIIIIIII�1 Illlllu� ,,,;,, ,,,, Int al 0;IN1,1'1111 Looking south from Newell Street. 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IIS "I tiu ISI III 191h11��'lidll�l'lYlju liiiiiiiiiiidiiu IIII III II iiiiiiiiiiliiiiuuuuuuuuuuol 111111!�!IIIIIJJIIIIIIIIIIIIIIIIIIIIIIIIII�����I"''; ,,,,,,,,,,,,,!!!f��jll��llllllll��i�;liiiiillllllllllllllllllll����ll o„II�uuIII�!IIIIIIIIII ul 111 Looking west along Newell Street. Page 75 of 173 APPLICATION SITE PLAN AMEN DMIN 1i A ir "MP","C-P", "B -P", "54" OR "CZ" 1 ISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319,29L4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) I. APPLICATION INFORMATION: a. Applicant's name (please print): Address: Ci State: b. Status of applicant: (a) Owner (b) Other 0 pp, la - one: Si g 5 101 Fax: Zip: (CHECK ONE): If other explain: Property owner's name if different than above (please print Address: 7 if City: (4. - State: Zi 2. PROPERTY INFORMATION: a. General location of site plan to be amended: b. Legal description of property or portion to be amended: c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: f. Reason(s) for site plan amendment and proposed use(s) of property: 11,1' g. Conditions if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (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 amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Owner Date Page 76 of 173 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 5/20/2019 Prepared: REVIEWERS: Department Reviewer Action Date Engineering / f ,,,,,,, :„ ATTACHMENTS: Description Type iH: on..d.' -for c Ji,r approval 5.20 1. 9 ckup ...a- tial SUBJECT: Bonds. Page 77 of 173 BONDS FOR COUNCIL APPROVAL May 20, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 3398382 ALLEN NIEDERT dba NIEDERT CONSTRUCTION AND REMODELING WATERLOO, IA RLI0513265 B.C. CONSTRUCTION, INC. CEDAR FALLS, IA CROSSROADS PROPERTY MAINTENANCE WATERLOO, IA IA5162189 JONI STEEN WATERLOO, IA RLI0618722 LARRY A. RUST dba LARRY AND COMPANY, INC. RAYMOND, IA W150316379 PROFESSIONAL CONCRETE WATERLOO, IA Page 78 of 173 CITY OF WATERLOO Council Communication Nomination of the Walnut Neighborhood to the National Register of Historic Places. City Council Meeting: 5/20/2019 Prepared: 5/13/2019 REVIEWERS: Department Reviewer Action P laming & ,: iii' JIing S chroed er, ric Approved „)/15/ _f .... M Clerk k fa . i :ven, J.:. cA nn Approved /15/201.9 ,,,,,,, 11 32 AM Date ATTACHMENTS: Description Type Star.[ Report Cover ,mo Walnut Building Ratmn Cover Mc SUBJECT: Submitted by: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Resolution supporting and authorizing submittal of the nomination of the Walnut Neighborhood to the National Register of Historic Places. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval. The City of Waterloo and the Waterloo Historic Preservation C o mmis s io n are requesting the Walnut Neighborhood be nominated to the National Register of Historic Places. Summa Statement: The Historic Preservation Commission recommended approval of the nomination with a vote of 5-0 at their April 16, 2019 meeting. The Planning, Programming and Zoning Commission recommending approval of the nomination at their May 7, 2019 meeting 6-0. Expenditure Required: None Source of Funds: N/A Policy Issue: Historic Preservation Alternative: The Walnut neighborhood would not receive the historic nomination. Page 79 of 173 Background Information: The applicants are proposing to designate the Walnut Neighborhood to the National Register of Historic Places. The State nominations Review Committee (SNRC) plans to consider the nomination on June 14, 2019. In order to be nominated to the National Register of Historic Places, a nomination of a building or location must be made to the Historic Preservation Commission and the application packet filed. The commission then evaluates the submitted material and makes a motion to either approve or deny the nomination. If it is approved, the application is then sent to the State Historic Preservation Office for review. The Historic Preservation Commission then submits the application to the Planning P ro gramming and Zoning Commission for a recommendation then submits the application to City Council for official action. The Historic Preservation Commission voted on April 16, 2019 to approve the nomination as did the Planning and Zoning Commission will vote on the matter on May 7, 2019. A public hearing was held on April 16, 2019 and all property owners in the designated neighborhood were notified of the meeting the opportunity submit questions. There was no comments in opposition to the nomination. Staff feels that overall, the designation of this neighborhood would be a benefit to the community as it would support both the preservation of a historic area and assist in the red eve to p ment of the neighborhood. Registration packet for the National Register of Historic Places is on file in the Planning and Zoning department office and available for review. Page 80 of 173 May 7, 2019 REQUEST: Request by the City of Waterloo to nominate the Walnut Neighborhood to the National Register of Historic Places. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The applicants are requesting that the Walnut Neighborhood be nominated to the National Register of Historic places. It would appear that the request would not have a negative impact on the area. The designation would not appear to have an impact on traffic conditions. RELATIONSHIP TO There are sidewalks in most of the neighborhood, there is a trail RECREATIONAL under construction along US Highway 63, the Park Avenue bike TRAIL PLAN AND lanes start at Franklin and Park Avenue, and the MLK trail is located COMPLETE STREETS to the south of the proposed district. POLICY: ZONING HISTORY The proposed historic area is zoned "R-3" Multiple Residence FOR SITE AND District and "C-2" Commercial District has been zoned as such since IMMEDIATE VICINITY: the adoption of the Zoning Ordinance in 1969. Other surrounding land uses and their zoning are as follows: North — "M-1" Light Industrial District — Commercial and the Canadian National Railroad South — "C-2" Commercial District and "C-3" Commercial District — Commercial East — "C-2" Commercial District, "M-1" Light Industrial District, and "R-3" Multiple Residence District — Commercial, Residential, East High School and Canadian National Railroad. West — "R-3" Multiple Residence District, "C-2" Commercial District and "R-3" Multiple Residence District — Residential and CVS Pharmacy. DEVELOPMENT A majority of the buildings in the Walnut neighborhood were built HISTORY: between 1880 and 1930. BUFFERS/ No buffering would be required as a part of the request. SCREENING REQUIRED: DRAINAGE: The request would not appear to have a negative impact upon the surrounding area. Walnut Neighborhood National Register of Historic Places Nomination Page 1of3 Page 81 of 173 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: May 7, 2019 A majority of the area in question is located within Zone X (protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map with the rest not in a Special Flood Hazard Area, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. The nearest schools are Irving Elementary located 1.38 miles to the southwest, George Washington Carver Academy located 1.23 miles to the north and East High School located to immediately to the east of the proposed historic district. Lincoln Park is located 1 block from the southern border of the proposed district. The area is served by existing utilities. The Future Land Use Map designates this area as Commercial and Mixed Residential: Low, Medium, and High Density Residential; Professional Office: Neighborhood Commercial, and the proposed historic district would be in conformance with that designation. Also, the area in question is located within the Primary Growth Area. In 2017 the city signed a development agreement between the Walnut Neighborhood Association, JSA Development, and Habitat for Humanity to begin a multifaceted projected to revive the Walnut Neighborhood and one part of the that agreement was to attempt to get the neighborhood on the National Register of Historic Places. The State nominations Review Committee (SNRC) plans to consider the nomination on June 14, 2019. The benefits of the nomination are that it will allow the developers to apply for potential state and federal tax credits for their projects in the area. In order to be nominated to the National Register of Historic Places, a nomination of a building or location must be made to the Historic Preservation Commission and the application packet filed. The commission then evaluates the submitted material and makes a motion to either approve or deny the nomination. If it is approved, the application is then sent to the State Historic Preservation Office for review. The Historic Preservation Commission then submits the application to the Planning Programming and Zoning Commission for a recommendation then submits the application to City Council for official action. The Historic Preservation Commission voted on April 16, 2019 to approve the nomination. Staff feels that overall, the designation of this area would be a benefit to the community as it would support both the preservation of a historic area and help lead to the revitalization of the Walnut Neighborhood and being within walking distance of our downtown Walnut Neighborhood National Register of Historic Places Nomination Page2of3 Page 82 of 173 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: May 7, 2019 commercial area is a catalyst that could help our burgeoning downtown area. Registration packet for the National Register of Historic Places is on file in the Planning and Zoning department office and available for review. There is no platting required as a part of this request. Therefore, staff recommends that the request to nominate the Walnut Neighborhood to the National Register of Historic Places be approved for the following reasons: 1. The proposed designation would help preserve a historic district. 2. It will support the revitalization of the Walnut Neighborhood. 3. It will support the continued growth of the adjacent downtown area. Walnut Neighborhood National Register of Historic Places Nomination Page3of3 Page 83 of 173 . nrn w u w w' I �u IIII IIIIII I ear I V N I d Y II,V r , lu II I tlllllllll r IIIIIIII I VIII � lu ,,;' 16 it,ll �1111111111111111111111uu IIIIIIIIIIIIIIIIdluum Ili I. 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This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. Ct of Waterloo, Iowa 0 50 100 Feet W+E s Page 84 of 173 CITY OF WATERLOO Council Communication Mowing contract for city owned lots generally acquired through Iowa Code 657A. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department w P laming : JII' JII lll'. Clerk ) .iffice ATTACHMENTS: Description . 1/13 R.. eq uest for m. CI Hid d Tabu.. ati on SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer S chroeder, Aric Even, ... eA n n. Action Approved. Approved Type Co ° 2,0 9 ung Cover H',ackui Material Date 5/ 1 5/2.0 9,,,,,,, 1 :5 5 A, M /15 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of bid to B&B Lawn Care, Inc., of Waterloo, Iowa, in the amount of $19.50 per lot, Option A: lots under one (1) acre, and $57.00 per acre, Option B: lots over one (1) acre, approving the contract, bond, and certificate of insurance, in conjunction with the mowing of city owned lots generally acquired through Iowa Code 657A, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, C ommunity Planning and Development Director Approval To be determined Nuisance abatement Property Maintenance The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 190 properties over the last ten years using Iowa Code 657A. A majority of the properties where demolished with approximately 10 homes being sold with development agreement and rehabilitated. Lots owned by the City of Waterloo must be maintained, including mowing of the lots. This bid will select a mowing contractor for the lots. Page 85 of 173 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT NOTICE P PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2019 RESIDENTIAL LOT MOWINGS RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, May 16, 2019, until 1:00 p.m., for the 2019 MOWINGS GS as described in the plans and specifications now on file in the CityClerk's office and the Planning and Zoning Department. OPENING OF BIDS All proposals received for the 2019 MOWINGS will be opened in the City Clerk's Office in City Hall, Waterloo, Iowa, on Thursday May 16, 2019, at 1:00 .m., and the proposals will be referred to the Planning and Zoning Department for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2019 MOWING at the City Council Meeting, Monday, May 20, 2019. The hearing will be held in the City Council Chambers rs in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry rry St., and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary to mow and/or remove e debris from the designated areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately May 16, 2019, through October 31, 2019. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Bach unit should be bid as a stand- alone item and not merely as a component of a total bid package that includes all options together. 13_11) SECURITY 1=1EQUID, All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the rowing work and will furnish the required ends, and ill case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. Page 86 of 173 CONTRACT AWARD The Planning and Zoning Department has divided the contract into five (5) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is grade on a per -option or a total basis, is most advantageous to the City, and the Planning and Zoning Department price and other factors considered. The City reserves the right to award a contract for any single Option, any combination ofOptions, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and the Planning and Zoning Department such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harness the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. METHOD OF PAYMENT To CONTRACTOR ACTON Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed during the previous period. A detailed bill of completed work must be received and approved by the Planning and Zoning Department for Mowing located at 715 Mulberry St*, Waterloo, Iowa before payments will be made. Actual number of acres mowed must agree with numbers recorded by the Planning and Zoning Department. The billing shall include: • Address of properties • Area or time billed for (depending on bid proposals) Published by order of the City Council of said City of Waterloo, Iowa, on the day of 2019 City of Waterloo, Iowa, Kelley F elchle, City Clerk Page 87 of 173 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT INSTRUCTION TO BIDDERS I. EXPLANATION TO BIDDERS } } } Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Proposals must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Request for Proposals and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Bid Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS S SUBMITT D All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perforin the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. 'h submission of a. bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Proposals and Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Proposals and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. Page 88 of 173 VI, MBIW E CONTRACT COMPLIANCE PROG it All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESSoo.TIJTIT To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT _ F_ BIDDER' S QUALIFICATIONS Each Bidder shall, upon request of the Planning and Zoning Depaitment submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. IX. EXECUTION OF AGREEMENT, BOND, -A1 D_ CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (1 0) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied ail conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whore the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by it in performing the work. Such bond shall be in the sane fora as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance Page 89 of 173 with State Worker's mp ns ti n Laws. D. The failure ofthe successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented` r signature, or within such extended period the City, may grant, based upon reasons determined s f`f i i t by the City, may either award the contract to the next lowest responsible bidder or re - advertise for bids, and may charge against the bidder the difference ce between the amount ofthe bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have claim against the City of Waterloo, or Planning and Zoning Department for a refund. Page 90 of 173 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Planning and Zoning Department. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the • locations and measurements which they may require for the fitting of their work to all surrounding work. Care of work The Contractor; shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. Page 91 of 173 The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Worker's Compensation Employer's L i ab i t ity Bodily Injury Liability (Except automobile) Property Damage Liability (Except automobile) Automobile Bodily Injury Liability Excess Liability Automobile Property Damage Liability Limits of Liability Statutory $500,000 1,000,000 each. occurrence $1,000,000 each occurrence 1,000,000 each occurrence $5,000,000 1,000,000 each occurrence Removal of Debris, Cleaning, Etc_ The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus material and debris, and keep the project area reasonably clean. Upon completion of the work, the Contractor shall remove all debris and equipment provided for the work and put the whole site of the work in a neat and clean condition. Page 92 of 173 CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT SPECIFICATIONS for 2019 MOWING (May 20 -October 31) SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary to pow and from designated areas in accordance with these specifications. References in these specifications to the Planning and Zoning Department shall include the City of Waterloo. PROPERTY MOWING Each lot will be moved on an as needed basis. The City will be in charge ofany large item and tire removal clean up that will be done on any of these properties. Contact the Planning and Zoning Department (319.291.3820) for pickup. Mowing height will be four (4") maximum. Contractor shall be able to abate hedge/volunteer trees where necessary for clearance of sidewalks and other rights-of- way. Also after mowing property, it shall meet city codes and excess grass removed from the property and sidewalk. If for any reason Planning and Zoning finds that a property is not in satisfactory condition after the contractor has done the mowing, the contractor shall return to the property and make the necessary corrections without additional costs to the City. On occasion, the next door neighbor may rnow a city owned lot at their expense. If the contractor arrives at the property, and the property has been mowed, the contractor shall not hill the city for that parcel. VACANT LOTS There are approximately 220 city owned lots as a part of this contract. A majority ority of the lots are vacant however, there are approximately 18 dilapidated structures awaiting demolition. The number of lots may vary as the city acquires multiple properties a year through its Dilapidated Housing Taskforce and Iowa. Code 657A and through the sale of city owned property. SITE CLEAN -IJP Prior to each moving the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by mowing operations. This includes adding soil and seeding damaged areas as needed. SCHEDULING OF WORK The Planning and Zoning Department may add or delete mowing of areas based on growing conditions budget constraints or some lots may be sold throughout the year. GRASS CUTTING Grass shall be cut to an even height of four- inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven rough cutting shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. Grass clippings shall not be blown, left or land on any road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians, clippings shall be bagged or mulched straight down. Page 93 of 173 TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the height and appearance of the surrounding vegetation. Only upon request of the Planning and Zoning Department will you be required to edge vegetation growing over curb and sidewalk. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, s, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Planning and Zoning Department. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any roving or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of mowing ing equipr ent required for this contract: Line trimmers Walk -behind mowers Utility tractors with heavy-duty mowers Hedge t •irnrers Types of alley/sidewalk overgrowth equipment required for this contract in addition to equipment listed above: Pull behind trailer or usable truck bed Tarps or enclosed trailer for hauling brush when required Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible for paying any fines you may be issued. For larger; parcels that are overgrown contractor shall have access to a brush hog type of mower r so that contractor can meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on parcels. Equipment listed on the Bid Form will be reviewed by the Planning and Zoning Department ent to determine whether it is adequate for this mowing contract. CONTRACTOR ACTf R I THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. Page 94 of 173 BIDDER: CITY OF WATERLOO, IOWA Planning AND ZONING DEPARTMENT BID FORM for 2019 MOWINGS ADDRESS: COMPANY NAME PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company existing under the laws of the State of , or a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project a.ra affecting the cost of the work, and with all the Contract Documents ents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed MOWINGS, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: Provide all specified as needed mowing and trimming services for city owned lots under 1 acre: Price per lot less than one acre. Price Per Occurrence: dollars ($ OPTION B: Provide all specified as needed mowing and trimming services on lots 1 acre or more. Price per acre for lots one acre or more. Price Per Occurrence: dollars ($ 2. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. . Security in the sum of dollars ($ Page 95 of 173 in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 4. Attached is a Non -Collusion Affidavit of Prise Contractor. 5. The Bidder; is prepared to submit a financial and experience statement upon request. 6. The Prime o t i cto • and Subcontractor(s), which have performed ed n aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. Date: 1 1 8. The Bidder shall list the MBE/WBE MBE/Wsubcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Woven Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits of ALL Subcontractors. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are Marled "none" or "NA". 11. The bidder has attached all applicable fors. 12. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: Name and Title DATE: 1 1 Page 96 of 173 KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and BID BOND as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called 'OWNER In the penal sum Dollars lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , AD. 2V/y1 By (Seal) Principal Witness Surety (Title) (Seal) By Witness Attorney-in-fact Page 97 of 173 Mowing Contract for City Owned Property Bid Tab: May 16, 2019 Estimate: Option A: $30 per lot under one acre Option B: $35 per hr. lot over one acre Bidder Bid Security Bid Amount B&B Lawn Care, Inc.o Waterloo, IA 5 0 Option A: $19.50 Option B: $57.00 Page 98 of 173 CITY OF WATERLOO Council Communication FYE 2019 BUDGET AMENDMENT. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department Reviewer Action Finance We_idner, Mich lie p:p_roved ,)/15/ ,0 0:35 AM Clerk k . iflice i � v 1.:. c n n Approved /L)/2019 0: „ Date ATTACHMENTS: Description Cou.m .cil Co iget Amend " 11 el, C Memo t, T m che rg t II 2 13udg t 11 , acing li: ti m ate Put lishc .. SUBJECT: Submitted by: Summary Statement: r Type m�� Cover Cover Cover e , o ly 10 2019 : Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving F YE 2019 Budget Amendment. Submitted By: Michelle Weidner, Chief Financial Officer The City is required under state law to amend the budget prior to exceeding exp end iture s in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget March 15, 2018. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non -property -tax funded projects were increased. 2. The Public Works category reflects the increase of expense for parking operations. 3. There were no amendments made to the Health and Social Services category. 4. The Culture & Recreation program category was increased to reflect a number of additional grants and donations received by the Leisure Services department. Revenue and exp ens e were increased for Young Arena operations to reflect an increase in revenue. The use of Page 99 of 173 Expenditure Required: Policy Issue: unassigned fund balance was added to fund additional expenses for Young Arena operations. 5. In the Community and Economic Development program category, adjustments to hotel/motel grant revenue and expense were made. There was also an increase in exp ens e s for property maintenance mowing and snow removal exp ens es . 6. An amendment was made to increase the negotiations expense in the Human Resources budget. Highlights of amendments made in other funds are as follows: 7. The Community and Economic Development category was increased to reflect additional grants received and spent by the Housing Authority. 8. In the Business Type/Enterprises activity, which accounts for the activities of the sewer and garbage funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations by June 30, 2019. Additional interest revenue received was budgeted to pay for increased exp ens es . The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the first budget amendment was filed, we anticipated spending $18,900,082 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $637,180 to a total of $19,537,262. This is due to the following: 1. General Fund — To plan to spend hotel -motel revenue received in p rio r years this year in the amount of $70,000, to spend donation funds received in the amount of $7,479, to budget for additional expenses and the use of general fund unassigned fund balance in the amount of $159,500 for several purposes. 2. Other Funds — To budget for adjustments to revenue and the use of grant and bond funds received in prior years in the amount of $400,201. S ince state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with exp ens es . We do not anticipate that we will spend all amounts budgeted by June 30, 2019. Page 100 of 173 CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: May 6, 2019 HART Prepared: April 27, 2019 Dept. Head Signature: Michelle Weidner, Chief Financial Officer CO CIL MEMBERS Number of Attachments: None MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large SUBJECT: FYE2019 Budget Amendment Hearing # 2 Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Approve a resolution to set the date of hearing for amendments to the FYE2019 Budget as May 20, 2019. Summary Statement: The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Additional information will be provided prior to the hearing date. Expenditure Required: N/A Source of Funds: Various Policy Issue: Compliance with state law regarding budgeted expenditures. Alternative: None Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier and published by mid-May. WE'RE WO `'ING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 101 of 173 Mayor QUENTIN HART CO CIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer TO: Mayor Hart City Council Members DATE: May 15, 2019 FROM: Michelle Weidner, Chief Financial Officer RE: Proposed Amendments to Budget for the fiscal year ending June 30, 2019 Enclosed is a proposed amendment to the budget for the fiscal year ending June 30, 2019 as published May 10, 2019. The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects and Business Type/Enterprise activities. These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget March 15, 2018. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non -property -tax funded projects were increased. 2. The Public Works category reflects the increase of expense for parking operations. 3. There were no amendments made to the Health and Social Services category. 4. The Culture & Recreation program category was increased to reflect a number of additional grants and donations received by the Leisure Services department. Revenue and expense were increased for Young Arena operations to reflect an increase in revenue. The use of unassigned fund balance was added to fund additional expenses for Young Arena operations. 5. In the Community and Economic Development program category, adjustments to hotel/motel grant revenue and expense were made. There was also an increase in expenses for property maintenance mowing and snow removal expenses. 6. An amendment was made to increase the negotiations expense in the Human Resources budget. WE'RE WO ING FOR YOU! An Eaual Opportunity/Affirmative Action EnblOVer Page 102 of 173 FYE19 Budget Amendment # 2Memo Page 2 of 2 Highlights of amendments made in other funds are as follows: 7. The Community and Economic Development category was increased to reflect additional grants received and spent by the Housing Authority. 8. In the Business Type/Enterprises activity, which accounts for the activities of the sewer and garbage funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations by June 30, 2019. Additional interest revenue received was budgeted to pay for increased expenses. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the first budget amendment was filed, we anticipated spending $18,900,082 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $637,180 to a total of $19,537,262. This is due to the following: 1. General Fund — To plan to spend hotel -motel revenue received in prior years this year in the amount of $70,000, to spend donation funds received in the amount of $7,479, to budget for additional expenses and the use of general fund unassigned fund balance in the amount of $159,500 for several purposes. 2. Other Funds — To budget for adjustments to revenue and the use of grant and bond funds received in prior years in the amount of $400,201. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2019. If you have any questions about the information presented, please contact me. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 103 of 173 Form 653.C1 NOTICE OF PUBLIC HEARING AMENDMENT OF FY2018-2019 CITY BUDGET The City Council of Waterloo in BLACK HAWK will meet at City Hall Council Chambers, 715 Mulberry Street, Waterloo at 5:30 p.m. on 5/20/2019 County, Iowa (hour) (Date) ,for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2019 (year) by changing estimates of revenue and expenditure appropriations in the following programs for the reasons given. Additional detail is available at the city clerk's office showing revenues and expenditures by fund type and by activity. Explanation of increases or decreases in revenue estimates, appropriations, or available cash: Budget for corrected grant revenue and related expenses, spend additional interest revenue received, use additional charges for services revenue received for related expenses, add expenses for Automated Traffic Enforcement program. Reflect the use of general fund balance for anticipated parking expenses, property maintenance expenses and expenses for Young Arena. There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. Michelle Weidner, CPA City Clerk/Finance Officer Page 104 of 173 Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources 38,984,631 0 38,984,631 Taxes Levied on Property 1 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 38,984,631 0 38,984,631 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 8,976,579 0 8,976,579 Other City Taxes 6 18,243,122 -255,000 17,988,122 Licenses & Permits 7 1,398,276 0 1,398,276 Use of Money and Property 8 1,451,714 55,000 1,506,714 Intergovernmental 9 27,304,767 74,317 27,379,084 Charges for Services 10 26,382,891 57,000 26,439,891 Special Assessments 11 252,000 0 252,000 Miscellaneous 12 7,936,433 219,501 8,155,934 Other Financing Sources 13 16,720,000 0 16,720,000 Tranfers In 14 19,416,824 0 19,416,824 Total Revenues and Other Sources 15 167,067,237 150,818 167,218,055 Expenditures & Other Financing Uses 32,545,094 323,817 32,868,911 Public Safety 16 Public Works 17 37,862,660 100,000 37,962,660 Health and Social Services 18 380,422 0 380,422 Culture and Recreation 19 11,480,061 46,479 11,526,540 Community and Economic Development 20 13,046,048 237,702 13,283,750 General Government 21 11,953,617 25,000 11,978,617 Debt Service 22 14,759,729 0 14,759,729 Capital Projects 23 17,950,694 0 17,950,694 Total Government Activities Expenditures 24 139,978,325 732,998 140,711,323 Business Type / Enterprises 25 26,572,170 55,000 26,627,170 Total Gov Activities & Business Expenditures 26 166,550,495 787,998 167,338,493 Transfers Out 27 19,416,824 0 19,416,824 Total Expenditures/Transfers Out 28 185,967,319 787,998 186,755,317 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out for Fiscal Year 29 -18,900,082 -637,180 -19,537,262 Beginning Fund Balance July 1 30 102,832,440 0 102,832,440 Ending Fund Balance June 30 31 83,932,358 -637,180 83,295,178 Explanation of increases or decreases in revenue estimates, appropriations, or available cash: Budget for corrected grant revenue and related expenses, spend additional interest revenue received, use additional charges for services revenue received for related expenses, add expenses for Automated Traffic Enforcement program. Reflect the use of general fund balance for anticipated parking expenses, property maintenance expenses and expenses for Young Arena. There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the increased non -property tax revenues and cash balances not budgeted or considered in this current budget. This will provide for a balanced budget. Michelle Weidner, CPA City Clerk/Finance Officer Page 104 of 173 CITY OF WATERLOO Council Communication Resolution approving the Partial Termination of a Development Agreement with AMA Real Estate, LLC, approved by Council November 23, 2015, and filed December 8, 2015 as Doc. No. 2016-10441, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department P laming & Clerk Office ATTACHMENTS: Description 1artial Release SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Reviewer Schroeder, Arne Even, 1.. (.,'Ann Action Approve Approved Type i:.3 ac c ui feria_ Date 5 a 5 1� 01( 0:2,2, AM: Resolution approving the Partial Termination of a Development Agreement with AMA Real Estate, LLC, approved by Council November 23, 2015, and filed December 8, 2015 as Doc. No. 2016-10441, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approval of Partial Termination AMA Real Estate did not expand onto the property therefore the City acquired the land per development agreement approved in 2015. The City now has developers that would like to construct three new buildings on the property and need to partially release the property from the 2015 agreement. None N/A Land Use N/A Parcel "G" of Plat of Survey Doc. #2019-09618, being a part of Parcel "E" of Plat of Survey Doc. #2016-11511 of part of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Page 105 of 173 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 Return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. PARTIAL TERMINATION OF DEVELOPMENT AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") and AMA Real Estate, L.L.C. ("Company") entered into a certain Development Agreement (the "Agreement") and Minimum Assessment Agreement (the "MAA"), each dated November 23, 2015 and filed December 8, 2015 as Doc. No. 2016-10441, concerning real property legally described in said documents; and WHEREAS, due to performance of the parties and transactions subsequent to the Agreement date, the parties desire to terminate the applicability of the Agreement and the MAA as to a portion of the Property as described therein. NOW, THEREFORE, the parties hereby agree that, with respect to the following real estate: Parcel "G" of Plat of Survey Doc. #2019-09618, being a part of Parcel "E" of Plat of Survey Doc. #2016-11511 of part of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. the provisions of the Agreement and the MAA shall be terminated as of the date hereof and shall have no further force and effect. Dated CITY OF WATERLOO, IOWA AMA REAL ESTATE, L.L.C. By: By: Quentin Hart, Mayor Adam Delagardelle, President Attest: Kelley Felchle, City Clerk [acknowledgments on next page] Page 106 of 173 STATE OF IOWA ) BLACK HAWK COUNTY ) ss. Acknowledged before me on , 2019 by Adam Delagardelle as President of AMA Real Estate, L.L.C. S TATE OF IOWA ) BLACK HAWK COUNTY ) ss. Notary Public Acknowledged before me on , 2019 by Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 107 of 173 CITY OF WATERLOO Council Communication Resolution approving the sale and conveyance of city owned property located at the northeast comer of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC, in the amount of $12,000, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2018-677. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department P lann.ing & Clerk Office ice Reviewer Schroeder, i.. oeder, . .ric Even, .11.1 e. .n ATTACHMENTS: Description Res No 2018 ,,, /7 and u, ig ri e 1.1- 11.a 0 Recorded ed iP lat of Survey SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action prove A pip.: owed. Type Cover e .o :3ac u at iris Date 5/15r 01 10:5 ,,,, AM 5/15/201( ,,,,,, 10:5 5 A M: Resolution approving the sale and conveyance of city owned property located at the northeast comer of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC, in the amount of $12,000, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2018-677. Submitted By: Noel Anderson, Community Planning & Development Director Re -approve Purchase and Sale Contract with corrected legal The City authorized the sale and conveyance of a 1.47 piece of property, known as Parcel H, near the northeast comer of Idaho Street and Martin Luther King, Jr. Drive, however, the legal description was incorrect and it also authorized the sale of Parcel D of the plat of survey, which should not have been included, and is not owned by the City of Waterloo. Therefore, staff requests that the City Council adopt a new resolution approving the sale and conveyance of city owned property located at the northeast comer of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount of $12,000, and authorizing the Mayor and City Clerk to execute said documents and rescinding Resolution No. 2018-677. None N/A This request would help meet the following Strategies in the City of Waterloo Strategic Plan 2017-2022: Page 108 of 173 Policy Issue: Background Information: Legal Descriptions: 1.6 attract new retail businesses to Waterloo 3.8 to foster new investment in CURA The City has owned this land since 1990's, and it was offered up for sale through 306.23 process, however, no offers were received. This agreement will bring a new retail development to this site, which will create new jobs, new taxable value. Parcel H, a part of the Southeast Quarter of Section 19, Township 89, Range 12 West, West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa, as described and shown on the recorded plat of survey recorded as document number 2019-16312 in the records of Black Hawk County. Page 109 of 173 Page 1 of 3 11111111111111111111101101111111111111111101 Dao ID: 009 9000 Type: GEN Recorded: 04/11/2019 at 03:45:55 PM Fee Amt: $17.00 Page 1 of Black Hawk County Xowa ANO/E L. SMITH RECORDER F,i=2019-00015158 �Prepared Kelley Felchle City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. (13(10vlcit RESOLUTION NO. 2018-677 RESOLUTION APPROVING THE SALE AND CONVEYANCE OF CITY OWNED PROPERTY LOCATED AT THE NORTHEAST CORNER OF IDAHO STREET AND MARTIN LUTHER KING, JR. DRIVE TO THE OVERLAND GROUP, LLC IN THE AMOUNT OF 512,000, AM AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. WHEREAS, the City of Waterloo, Iowa is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property has been made by The Overland Group, LLC in the amount of 512,000, and WHEREAS, a public hearing was held on September 10, 2018 at 5:30 p.m. in the Harold E. Getty Council Chambers, City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to The Overland Group, LLC, and WHEREAS, it is the opinion of this Council that the sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on August 31, 2018, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of The Overland Group, LLC, to purchase real property for the sum of 12,000, is hereby accepted for real property described as follows: DESCRIPTION: PARCEL D A PART OF WILLOW STREET IN THE NORTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH P.M., IN THE CITY OF WATERLOO, COUNTY OF BLACK. HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' Ml UTES 55" (SECONDS) EAST (ASSUMED BEARING x FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 1°05'55" WEST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, 33.00 FEET; THENCE NORTH 8°43'55" EAST, 144.24 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD; THENCE SOUTH 51°41'36#' EAST ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, 36.57 FEET; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF C File Number: 2019-00015158 age 110 of 173 01.) 3 Page 2 of Resolution 2018-677 Page THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86 -FOOT RADIUS CURVE CONCAVE AND HAVING A 14.23 -FOOT LONG CHORD B k JAR1 G SOUTH 48'17'44" EAST, 14.23 FEET(ARC LENGTH) TO THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19; THENCE SOUTH 88' 43'55" WEST ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 182.94 FEET TO THE POINT OF BEGINNING, BY SURVEY CONTAINING 5,414 SQUARE FEET, OR 0.12 ACRE. DESCRIPTION: PARCEL FI A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 69 NORTH, RANGE 12 WEST OF THE 5TH P.M., AND A PART OF EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: S: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH ° (DEGREES)43` MINUTES 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH °43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,79. -FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING G A 105.63 -FOOT LONG CHORD BEARING SOUTH 4°26'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 11.04 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72 -FOOT LONG CHORD BEARING SOUTH 12'01'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST. 67.54 FEET; THENCE NORTH 7°38'19" WEST, 164.88 FEET; THENCE NORTH 01'05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING, BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. 3. That the City of Waterloo, Iowa conveys said parcel of real property to The Overland Group, LLC by Warranty Deed. 4. That the Mayor and City Clerk are authorized and directed to execute said deed. 5. That the original of said Warranty Deed fully executed and acknowledged is hereby approved and confirmed by this Council. 6. That the Community Planning and Development Director is authorized and directed to deliver said deed of conveyance to The Overland Group, LLC upon receipt in the sum of 812,000. PASSED AND ADOPTED this 10th day of September 2018. File Number: 2019-00015158 sdilape 1 1 1 of 173 Page 3 of 3 Resolution 2018-677 Page ATTEST: elley Felchl City Clerk Quentin Ilart, Mayor CERTIFICATE I, Kelley Felehle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2018-677 as passed and adopted by the City Council of the City ofWaterloo, Iowa, on the 10th day of September 2018 Witness my hand and seal of office this le day of September 2018. Kelley Fele City Clerk File Number': 209-00015158 selialje 112 of 173 PURCHASE AND SALE CONTRACT THIS PURCHASE AND SALE CONTRACT OF REAL PROPERTY (the "Agreement) made and entered into thisiLikday of 6,14 0 1 8 by and between CITY OF WATERLOO and/or ASSIGNS, (hereinafter "Seller nd THE OVERLAND GRO LLC. andfor ASSIGNS, (hereinafter "Buyer"), WITNESSETH: WHEREAS, Seller is the owner of a certain tract of real property measuring approximately 265' +- of frontage on Idaho Street by 67 +- of depth frontage on MLK by 183' +- Willow Street for a total 1.42± acres, City of Waterloo, Black Hawk County, Iowa, which tract of land is more particularly shown on Exhibit "A attached hereto and made a part hereof (the "Property"). The Property shall mean net usable acres and shall not include real property burl ened by pertnanent rights-of-way for public roads, drainage or utilities; and WIIEREAS, Buyer desires to purchase the Property upon the terms, provisions and conditions hereinafter set forth, and together with all appurtenances, improvements, easements and/or heredita ents thereunto belonging; and NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, Buyer and Seller hereby covenant and agree as follows: PURCHASE PRICE. The total purchase price for the Property shall be TWELVE TI -JO S P NO/100 DOLLARS ($12,000.00). The Purchase Price, less credit for monies heretofore paid to Seller by Buyer for the Inspection Period and any payments made pursuant to Section 18 herein below, shall be paid to Seller at closing as hereinafter defined (the "Closing"). 2. EARNEST MONEY. Buyer shall deposit ONE THOUSAND AND NO/100 ($1,000.00) into a non-interest bearing escrow account held by David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: Portwine04hitfie1dlaw.com, within five (5) days after execution of the contract, 3. INSPECTION PERIOD, For a period of one hundred and eighty (180) days from the date of this Agreement (the "Inspection Period"), Buyer shall have the privilege of going upon the Property as needed to confirm zoning, confirm availability of all utilities (including sewer), to inspect, examine, survey, make soil and subsoil tests, percolation tests, arrange financing for the proposed development and to otherwise do what Buyer reasonably deems necessary to determine, to Buyer's sole satisfaction, whether the Property is suitable for Buyer's intended development and use. If Buyer exercises its rights under the provisions of this Section, it shall (1) keep the Property free of any liens or third -party claims resulting therefrom; (2) promptly pay when due the costs of all tests, investigations and examinations done with regard to the Property; (3) indemnify and hold Seller harmless fro and against any and all liability, damages, claims, causes of action, costs or other expenses, including without limitation reasonable attorney's fees, paid, incurred or asserted against Seller any lien claims or for injuries to or death of persons or damage to property arising from or caused by Buyer's entry onto the Property or the negligence or willful misconduct of Buyer, its agents, employees and contractors in Buyer's initials Seller's Initials V5.3.3.0 Page 113 of 173 PURCHASE AND SALE CONT CT connection with the exercise by Buyer of the rights hereunder; and (4) if Closing does not occur for any reason, fully restore the 'roperty as nearly as practicable to its condition immediately before such exercise. This Section shall survive the termination of this Agreement or Closing and delivery of the Deed. If Buyer determines, in its sole discretion, that the Property is unsuitable for its proposed development and gives notice of this to Seller prior to the expiration of the Inspection Period, then this Agreement shall terminate and all earnest monies less $100 to Seller as independent consideration for the right to terminate shall be immediately returned to the Buyer. If uyer terminates this contract before the end of the initial Inspection Period, Buyer shall bc entitled to the immediate return of the Earnest Money without the need of Seller's release. Notwithstanding the foregoing, the Buyer may extend its Inspection Period for an additional ninety (90) days by depositing into escrow an additional FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) nonrefundable amest Money, for a total of SIX THOUSAND AND NO/100 DOLLARS ($6,000.00), which shall be applicable to the purchase Price but nonrefundable. 4. SURVEY. Buyer will secure at Buyer's expense a boundary survey of the Property, prepared by an engineer or land surveyor registered in the state of Iowa, selected by Buyer. This boundaiy survey shows all easements, rights of way, encroachments and matters of record, together with a certification as to the number of acres. CONVEYANCE AND PE ITTED EXCEPTIONS. Upon payment by Buyer of all amounts due at Closing for the Property and Buyer's performance of all other obligations to be perfo ed by Buyer at Closing, Seller shall convey title to the Property to Buyer by general warranty deed subject to any permitted exceptions. 6. TITLE EVIDENCE AND ABST CT. Within thirty (30) days after execution of this Contract for Purchase and Sale. Seller shall deliver to David D. Nelson, Whitfield & Eddy, P.L.C., 699 Walnut Street Suite 2000, Des Moines, Iowa 50309, (515) 558-0150, Email: Portwine@whitfieldlaw.com (the "Title Company") the original abstract of title for the Property. The abstract will be updated for closing at Purchaser's expense. If the original abstract of title cannot be located, Seller shall pay all costs of obtaining a new abstract as required for closing. Notwithstanding anything in this Agreement to contrary, the Inspection Period shall be extended day for day for the duration of the period necessary, if any, to create a new abstract. Within thirty (30) days after receipt of the Abstract, Buyer shall obtain a commitment (the 'Commitment") for owner's policy of title insurance from Tara Lawrence, Title Guaranty, 2015 Grand Avenue, Des Moines, Iowa 50312, 515-725-4904, 800-432-7230, Fax: 515-725-4901, certified to a current date, and at Closing, the title policy referred to in the commitment (the "Title Policy") in the amount of the Purchase Price. If the commitment or survey shows any defects or encu branees or any covenant, restriction, easement or right-of-way of record or any private road or utility line or facility which in Buyer's reasonable judgment will materially interfere with Buyer's proposed development of the Property, then prior to Closing, Buyer shall notify Seller of its objections to any such matter. Seller shall have a reasonable time to cure the title defects to which Buyer has objected. If Seller fails to cure the title defects, Buyer shall have the option of either (1) accept title subject to the objections raised by Buyer and such accepted objections beco e Permitted Exceptions Buyer's Initials Seller's Initials Page 114 of 173 PURCHASE AND SALE CONT CT ("Permitted Exceptions") without any adjustment in the Purchase Price, or (2) rescind this Agreement, whereupon the earnest monies less $100 to Seller as independent consideration for the right to tenni ate shall be inunediately returned to Buyer by Escrow Agent, or (3) work with Seller to satisfy unacceptable matters and postpone the closing date for the same time period as it takes to satisfy these matters. 7. DEVELOPMENT OF TRACT D CONDITIONS PRECEDENT. Buyer's obligation to close is subject to the satisfaction, as of the Closing Date, of each of the conditions described below (any of which may be waived in whole or in part in writing by Buyer at or prior to the Closing Date). Unless specifically stated as Seller's obligation, the satisfaction of all these conditions shall be at uyees sole expense. Buyer shall diligently and in good faith pursue the satisfaction of these conditions and Seller shall promptly cooperate whenever required by Buyer. In the event the conditions below have not been satisfied to the Buyer's satisfaction, the uyer shall have the right to terminate this Agreement by so notifying Seller in writing. In such event, the Escrow Agent shall return the refundable earnest money to Buyer. A. Subdivision. In the event a subdivision plat is required pursuant to applicable law in connection with the conveyance of the Property to Buyer andfor the development of the Property, Buyer shall use diligent efforts to cause the Property to be properly subdivided in compliance with applicable law prior to Closing. Without limitation, Seller shall sign subdivision plats and other normal and customary documentation as may be required to comply with applicable laws relating to the subdivision of the Entire Tract. In the event that the Seller has property lying within 500 feet of the Property conveyed hereunder is subdivided out of a larger tract still ow ed by the Seller the remaining Seller's Property shall be subjected to a I ECL TION OF COVEN TS AND RESTRICTIONS as described on Exhibit "B". Without limitation, Seller shall sign DECL TION OF COVENANTS AND RESTRICTIONS on or before Closing. Buyer shall pay for subdivision costs. B. Mutual Coo eration. Buyer and Seller agree to cooperate with one another in all reasonable respects in connection with any approvals, zoning cha ges or variances, or similar actions or consents which may be necessary or appropriate in connection with use of the Property and to otherwise cooperate in all reasonable respects in connection with the development of the Property. As of the Closing Date the Property shall be properly zoned for commercial real estate with all necessary zoning variances, if any are required, approved for Buyer's intended development. Buyer shall pay all costs incurred by either party in connection with satisfying this condition. C. No Moratoriums. There shall be no development or building moratorium in effect with regard to the Property. In the event any such morato um shall exist, then Buyer shall have the option of either (1) closing the transaction in accordance with the terms of this Agreement, (2) delaying closing until after the moratorium is lifted, or (3) terminating this Agreement by notice to the Seller, in which event the earnest monies shall be returned to Buyer: Buyer's Initials Seller's Initials V5.3.3,0 Page 115 of 173 URCHASE AND SALE CONTRACT D. In ess and EreThere shall be suitable ingress and egress to the Property, including all necessary turning movements and or cuts for uyer's proposed development. Buyer and Seller agree that there shall be no shared access. E. Sanita Sewer and Water Facilities. Buyer shall have (1) determined that sanitaly sewer and water facilities adequate to serve the Property are available and (2) secured all required govern ental approvals for the installations and use of such sanitary sewer and water facilities. F. Governmental A. 'royals. Buyer shall have obtained all necessary govenunental approvals from the appropriate authorities for Buyer's proposed development, including without limitation, building permits, site plan approval including parking, and storm water retention. In addition, Buyer shall have received approval of its proposed tenant of the site plan as satisfying all tenantsconditions pursuant to tenant's lease agreement with Buyer. If Buyer's have requests pending before any government body for a penriit. license or other approval required to begin the construction Buyer anticipates on the Property, Buyer may, by delivering written notice prior to expiration of this Agreement, extend the closing for thirty (30) days past such time as all applicable government bodies rule on the issuance of any requested permits, not to exceed one hundred twenty (120) days in addition to all other extensions provided for herein, G. Taxes/Liens. In the event there are unpaid taxes or liens relating to the Property for any time prior to the execution of the contract, Buyer will give Seller written notice by facsimile transmission or electronic mail of such unpaid taxes or liens effecting the Property and request that Seller pay those taxes or liens. In the event Seller fails to pay the taxes or liens within three (3) calendar days of Seller's receipt, Buyer may pay those taxes or liens directly and Seller shall reimburse Buyer for such paid amounts on or before Closing out of Seller's closing proceeds. The Parties agree that Seller will only be liable for taxes or liens resulting from its use of the Property prior to Closing. For purposes of this Section 7 (G), notice to Seller's agent shall constitute sufficient notice to Seller. 7.1 PROPOSED USE. Buyer shall only use the Property for the construction of a D 11 r General Store. If construction in not commenced within two years of the date of closing Seller may repnrc ase the property for the purchase price paid by Buyer. If Seller does not elect to repurchase the property within 24 months from the date of closing the Dollar General Store use restriction shall terminate and the property ay be used for any lawful purpose. 11 1 8. NON -NEGOTIATION. Seller hereby covenants and agrees that it shall not during the Inspection Period or any extension thereof, nor prior to closing, lease the Property or convey, demise, or otherwise encumber the Property except as specifically provided in this Agreement. V5.3.3.0 Page 116 of 173 PURCHASE AND SALE CONTRACT 9. REPRESENTATIONS AND WA TIES OF warrants to Seller that: ER. uyer represents and A. ..Buyer is a !Missouri Limited Liability Company, duly organized, validly existing, and in good standing under the laws of the State of Missouri and duly authorized to transact business in and in good standing under the laws of the state where the Proolerty is located. uyer has full capacity, right, power and authority to execute, deliver and perfonn this Agreement and all documents to be executed by Buyer pursuant hereto. 10. REPRESENTATIONS AND W NTIES OF SELLER. Seller to the best of their knowledge represents and warrants, and covenants with. Buyer as follows: A. Seller has good and indefeasible fee simple title to the Property subject to matters of record and affecting the Property and at Closing will have and will convey to Buyer by warranty seed good and indefeasible fee simple title to the Property, free and clear of all liens, defects, encumbrances, conditions, exceptions, restrictions or other matters affecting title except Permitted Exceptions; B. Seller has full capacity, right, power and authority to execute, deliver and perform this Agreement and all documents to be executed by Seller pursuant hereto; provided, however, that this Agreement shall not be binding upon Seller until approval by the city council following a public hearing as prescribed by Iowa law; C. Seller has not received any written notice of any current or pending litigation, tax appeals or environmental investigations against Seller or the Property and, to Seller's knowledge, there is no pending litigation, tax appeals or environmental investigations against Seller or the Property; D. Seller has not entered into any contracts, subcontracts or agreements affecting the Property which will be binding upon Buyer after the Closing; E. Seller has not received any written notice from (or delivered any notice to) any governmental authority regarding any violation of any law applicable to the Property and, to the best of Seller's knowledge, there are no such violations; F. There are no occupancy rights, leases or tenancies affecting the Property; G. No person or entity has any option, right of first refusal or other right to purchase the Property or any part thereof or interest therein; H. To Seller's knowledge, no pending or, to Seller's knowledge, threatened condemnation proceedings affecting the Property and Seller has not received any written notice that there is any pending or threatened condemnation of all or any part of the Property; I. To Seller's knowledge, no hazardous substances have been generated, stored, released, or disposed of on or about the Property in violation of any law, rule or regulation applicable to a Property which regulates or controls matters relating to the enviro tent or public health or safety (collectively, "Environmental Laws"). Seller has not received any written notice from (nor delivered any notice to) any federal, state, county, municipal or other governmental department, agency or authority concerning a y petroleum product or other hazardous substance discharge or seepage relating to the Property. For purposes of this Agreement, "hazardous substances' shall mean any substance or material that is defined or deemed to be hazardous or toxic pursuant to any Environmental Laws; and J. Seller has no knowledge of any hazardous or solid waste placed on the property that would require remediation or disposal. Buyer's Initials Seller's Initials Page 117 of 173 PURCHASE AND SALE CON CT Should Seller receive notice or actual knowledge of any materially inaccurate information regarding any of the matters set forth in this Section 10 after the date of this Agreement and prior to Closing. Seller will immediately notify Buyer of the same in writing. If Seller is unwilling or unable to correct such inaccuracy on or before Closing of the applicable Property, Buyer may cancel this Agreement and any Earnest Money shall be returned to guyer. The representations and warranties of Seller shall survive the Closing for a period of one (1) year. Any action based on a breach of any such representations or warranties shall be commenced within such one (I) year period or deemed waived. 11. NOTICES. All notices will be in writing and served by postage prepaid certified mail, by next day delivery (such as Federal Express), by facsimile transmission, or by electronic mail to the addresses shown below, until notification of a change of such addresses. All such notices shall be deemed delivered on the date initiated. For Buyer: The Overland Group 194 Narrows Drive, Suite 1 Birmingham, AL 35242 Phone: 205-995-2990 Fax: 205-995-2989 For Seiler: CITY OF WATERLOO 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4366 I Fax: 319-291-4262 adrie e milier waterloo-ia,o 12. AGENCY DISCLOSURE. With a Copy To: The Overland Group 1598 Imperial Center, Ste. 2001 P.0, Box 885 West Plains, MO 65775 Real Estate Agent: Matt Miehe CCM, Commercial Specialist ic -F is c hi l s Commercial oup 319-291-7005 - Iirect 319-269-6222 - Mobile THE B ERS ARE LICENSED REAL ESTATE BROKERS tN THE STATES OF MISSOURI AND ALABAMA. There is no listing company. The selling company Sulentic-Fischels Commercial Group is assisting the Buyer as a transaction broker. 13. BROKER. Each party represents and warrants to the other that Sulentic-Fischels Commercial Group is the only Broker in connection with the sale of the Property. Buyer agrees to pay Sulentic-Fischels Commercial Group in this transaction, in cash, at closing, a FLAT RATE FEE commission in the amount of $7,000.00 (SEVEN THOUSAND AND 00/100). Buyer and Seller each warrant and represent to the other that no real estate broker or agent other than Broker aforementioned have been used or consulted in connection with the negotiation or execution of this Agreement and each covenants and agrees that it will defend, indemnify and save the other harmless from and against any actions, real estate commissions, fees, costs and /or expenses (including reasonable attorney's fees) resulting or arising from acts of the V5.3.3.0 Page 118 of 173 PURCHASE AND SALE CONTRACT indemnifying party and resulting in commission, fees, costs and/or expenses being actually found due to any real estate broker or agent by a court of competent jurisdiction in connection with the purchase and sale, if at all, of the Property. 14, DISCLAIMER. Seller and Buyer acknowledge that they have not relied upon advice or representations of Broker (or Broker's associated salespersons) relative to the legal or tax consequences of this contract and the sale, purchase or ownership of the Property. Seller and Buyer acknowledge that if such matters are of concern to them in the decision to sell or purchase the Properly, they have sought and obtained independent advice relative thereto. 15. DEFAULT. in the event Seller breaches its covenant to convey the Property to Buyer or othemise fails to perform its obligations under this Agreement which are to be performed by Seller at or prior to Closing in accordance with its terms, Buyer shall be entitled to one of the following as Buyer's sole remedy: (a) terminate this Agreement and receive a prompt and complete return of the Earnest and any other monies heretofore paid by Buyer to Seller or for Buyers out-of-pocket expense: OR (b) obtain specific performance of this Agreement. If Buyer fails to peril° as required under this Agreement, then Seller shall receive the earnest monies as liquidated damages, it being agreed between Buyer and Seller that such sum shall be liquidated damages for a default of Buyer hereunder because of the difficulty, inconvenience, and the uncertainty of ascertaining actual damages for such default. 16, FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA). In the Closing of this transaction, Seller and Buyer shall comply with the FP PTA and the regulations promulgated thereunder by the IRS. 17. NON -BUSINESS DAYS. If my date herein set forth for the perfonnanee of any obligations by Seller or uyer or for the delivery of any instrument or Notice or for the satisfaction of any condition precedent, or the expiration of any contingency period, as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery or satisfaction of such condition or expiration of such contingency period, shall be extended to the next business day following such Saturday. Sunday or legal holiday. As used herein, the term "legal holiday" means any state or federal holiday for which financial institutions or post offices are generally closed in the State of Iowa for observance thereof, 18. CLOSING. In the event Buyer exercises its rights to purchase the Property, the consummation of the purchase and sale, delivery of the deed of conveyance and payment of the Purchase Price (the "Closing") shall take place at a legal office on a date and time mutually agreed to by the parties hereto, but in no event later than sixty (60) days after the end of the Inspection Period, or any extensions of Closing as outlined in Section 18. All federal, state, cou sty and municipal ad valorem real property taxes and assessments with respect to the Property shall be prorated at closing. If the amount of such taxes and assess ents is not known as of closing, then the pro -ration of such taxes and assessments shall be made upon the basis of the most recent ascertainable statements, and such pro - rations shall be adjusted when such taxes and assessments are available. V5.3.3.0 Page 119 of 173 PURC ASE AND SALE CONT CT Seller agrees that it shall deliver sole and exclusive possession of the Property to Buyer at Closing free and clear of all tenancies. Seller further agrees that Buyer shall have the option to set a closing date upon sixty (60) days written notice. Seller shall be able to remove any furniture, buildings, fixtures, or contents prior to closing. Any fu iture, buildings, fixtures, or contents remaining on the property after closing shall be owned by the Buyer. In the event that Buyer sets a closing date in accordance with this section and Seller fails or refuses to close on the closing date as set, Buyer may, (1) either waive the default and proceed to close the transaction, or (2) terminate the contract and receive the return of all Earnest Money in which case Buyer shall also be entitled to recover all of Buyer's out of pocket expenses in due diligence and design of its project in an amount not to exceed fifty thousand Dollars ($50,000). The remedies contained herein shall be in addition and cumulative to those set forth in section 15 above. Notwithstanding the foregoing, uyer may extend the closing date for two (2) additional periods of sixty (60) days each upon payment of 55,000 to the Escrow Agent at the time each such extension is requested, which deposits shall be non-refundable (subject only to Seller's ability to convey clear title), and shall be applied towards the Purchase Price at closing. Seller will pay the costs of Seller's counsel, preparation of the deed and any bill of sale, pay all costs of obtaining a new abstract if original cannot be found„ and transfer taxes for the conveyance. Buyer will pay the cost of Buyer's counsel, the cost of the survey, all loan costs required by Buyer's lender, updating original abstract, title policy, escrow fees, broker commissions and recording fees for the deed and mortgageand any applicable mortgage tax. 19. GOVERNING LAW. This Agreement shall be construed, and the temis hereof shall be enforceable, in accordance with the internal laws (as distinguished from the conflicts of law provisions) of the state where the Property is located, and in the event any legal proceedings are brought in connection with this Agreement, the parties agree that the venue therefore shall be only state and federal courts located in the state where the Property is located, and the courts to which an appeal therefrom may be taken. EXPENSES OF ENFORCEMENT. in the event of litigation between the parties with respect to the Property, this Agreement, the performance of their obligations hereunder or the effect of a termination under this Agreement, the losing party shall pay all costs and expenses incurred by the prevailing party in connection with such litigation, including reasonable attorneysfees. 21. SEVE In case any of the provisions of this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in effect and the Agreement be perfonned in a fair and equitable manlier as to any uncertainties arising from the unenforceable provisions. Buyer's I 'lit' Seller's Initials V3,3,0 Page 120 of 173 PURCHASE AN SALE CONT I . CT COUNTERP TS, This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instalment. Signatures may be faxed or e-mailed. 'ENDMENTS. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instalment in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 24. DEST' UCTION OR DAMAGE, Risk of loss by damage or destniction to the Property prior to the Closing shall be borne by Seller. The parties acknowledge that if there are improvements on the Property, and in the event of any damage or casualty to any such improvements on the Property, by fire or other casualty, this Agreement shall continue unaffected, and uyer shall have no right to any insurance proceeds of Seller with respect to said damage. 25. CROPS/FARMING. In the event that the Property is farmed for crops, Seller shall have the right to plant crops on the property, maintain and harvest the crop while Property is under contract If Buyer closes on the Property and desires to commence construction prior to harvesting the crops, Buyer shall pay Seller the sum of $2000.00 as compensation for the crop loss. Buyer ay also request that Sellers forego planting any crops by written request to Seller, with Buyer paying Seller $1,000.00 as compensation for the anticipated loss of profit. Any amounts paid pursuant to this paragraph shall be in addition to the purchase price stated in paragraph 1. 26. EXP TION. If this Agreement is not executed by Seller and Buyer on or before 5:00 P.M., CST/CDT time , this Agreement shall be null and void and shall have no force and effect and neither Seller nor Buyer shall have any further obligations hereunder. The effective date of this Agreement shall be the date upon which the later of Seller or Buyer executes this Agreement, V5.3.3.0 Page 121 of 173 PURCHASE AND SALE CONT CT ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Buyer and Seller regarding the Property, and supersedes all prior discussion, negotiations and agreements between Buyer and Seller, whether oral or mitten. Neither Buyer, Seller, nor Broker, nor any sales agent shall be bound by any understanding, agreement, promise, or representation concerning the Property, expressed or implied, not specified herein. If any clause or provision of this Agreement, or the application thereof to any entity or circumstance, is or becomes illegal, invalid or unenforceable to any extent because of present or future laws or rules or regulation of any governmental body or entity, the intention of the parties hereto is that the remaining parts of this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the fullest extent pennitted by law. This Agreement shall be construed under Iowa law, and the parties agree that any action to enforce this Agreement shall not be affected thereby and that the same shall otherwise remain enforceable to the liallest extent permitted by law, Seller(s) CITY OF WATERLOO (0 Buyer: Buyer: THE OVERLAND GROUP, LLC y: Sid Altman As Its: Member Date: V5.30 Page 122 of 173 Hie a' 43151 144,24" 40190W 01551 WSW CPI SSC 13-13-12 FO P D 1 " URCHASE AN SALE CONTRACT EXHIB1 "A" RHEUM EAST Riw I DE WHO STREE1 5 1136,1E 36, T 79 11 ▪ Go • 11 ILIA" SI 3 SD° 43'65 -tL'4 el FO S.C. SOUTH 10'. 11E144 SEC 13-1161-12 '1;::*". ---40,5943550N 2265,T.SS" NORTH LIRE SEI/4 SEC 13- 1101.45'561% 491.5' 16„5" AST INC Fin CAM ST REE1 ICV VW *km smErr NTOD33'1311 SOi 90611151 2149,1 EX ISTUO L!ED▪ JR. ()nil( -CCILC AA JR; OR WE •632°6'3314 EU 4I oro re Si A. 454100 VLF,Jt PIA 1 i I I I1I 6 6 trr Buyer's Initials Seller's Initials, V5 .1. 3.0 Page 123 of 173 URCHASE AND SALE CONTRACT Prepared by and when recorded return to: Date: Owner: When recorded return to: 1598 Imperial Center, Suite 2001, Wesi Plains, MO 65775 Tract: EXHIBI DECLARATION OF COVENANTS AND RESTRICTIONS OF WATERLOO 2018 Shall be described once there is a survey and legal description The Owner hereby declares that the Tract shall be held, sold, and conveyed subject to the followg restrictions for the purpose of, among other things, insuring the quiet enjoyment of the Tract for the purpose that it is being developed and improved. enefited Parties/Binding Effect. The rights and obligations established in this Declaration of Restrictions (this "Declaration") shall run with the land and be for the benefit of the Tract and any portion of the Tract and shall run with the land :nd be binding upon the Tract and any use of the Tract, 2. Business Restrictions on Tract. Owner hereby further declares that the Tract shall not be used for or used to access any business operated as the following: Family Dollar Store, Bill's Dollar Store, Fred's, Dollar Tree, Ninety -Nine Cents Only, Deals, Big Lots, Walgreens, CVS, Rite Aid, Wal-Mart, Wal-Mart Supercenter, Wal-Mart Neighborhood Market or any Wal-Mart retail concept, as well as any establishment selling or exhibiting paraphe alia for use with illicit drugs, any establishment selling or exhibiting materials or devices which are adjudicated to be pornographic by a court of competent jurisdiction, and any adult bookstore, adult video store or adult movie theater or a funeral parlor. 3. Enforcement. Owner acknowledges that monetary damages would be an inadequate remedy for breach of this Declaration, and that any violation of this Declaration will result in immeasurable and imparable harm to the other party, warranting an injunction. 4. Duration. The provisions of this Declaration shall nm with and bind the land described herein and shall be and remain in effect perpetually to the extent permitted by Law. V5.3 3_0 Page 124 of 173 Pagel of 1 111111111111111111111111111111111111111111111111111111111111111 Doc ID; 009535790001 Type: GEN Recorded: 05/03/2019 at 11:05:46 ATM Fey pmt: $7,00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fii.2019-00016312 L$5 ZEC-8LC 'COLN 'Y OI'001 3LY 17;EZ 11]31LiS 3WOV JIS Ion 'H79 KIM 191.0YY '8 110131W .x,11 a/11YMa mAr FILED IN P DRAWER 0 tiSi. t?171 WEIz;',c o LJ n 1 s t 1��+S--• yr,�-c � m-eolo s 5 m Pe%Tgk::.i2L7'1 moV�ZhulF�I- . Loq ig 3/4Th'-txklIck';„ L,%g_li. � eu S.S v�z U3Y4§aJJil,ut-ih�a qq7 r�. ws10-- r -c• d-r�� :1u]�� �w d ;e3 Tvz%uSrau6FOSg }sQW O —�a" .43 5 W IL D MN .4L61�/y 2a ` - Z UI q g,.),-IL!1,7-4-41Ltz2ti,17-; W OS,h 4]i-� ry.�m �k,Y1R�Wazol�W�� win u7 �'; a _ :3 a,FF i,8 3 r):71.±1:: SS Lr. �il �3c #/1 4tP,t714%i2LL.q"7--- 16:3101-i0Ig-61;-”,-IF-1'1444 r,�,n 1.1���l��u~s�i :41744 .l� M+wrl�sncl�����l��w'a,z �:=1L-r4k6rilli6Pljz 1-t, IV#Cd�tYAOts. 4la1U Oti r ou BY SURVEY CONTAINING 53,893 SQUARE FEET, OR 1.47 ACRES. • = SET I,2" REBAR WITH YELLOW PLASTIC CAP NO. BROS 01 US lLJ ll} NO0'43'237 2655.69' N88 °5 3 I .E 2610.23' tii p (1'74 LRe File Number: 2019-00016312 Seq: 1 Page 125 of 173 CITY OF WATERLOO Council Communication Resolution approving a Project Funding Agreement with the Waterloo Development Corporation, to fund the costs of conceptual and preliminary design of the Cedar River Marina District in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department Reviewer Action Date P lanning &" .. ling Schroeder, . is . prow 1 5/15r 01 ,,,,,, 11:( . M Clerk Office Even, I e. .nn Approved 5/15/201 5/20 ,,,,,, 11:13 AM ATTACHMENTS: Description WDC FM.: ) SUBJECT: Submitted by: r lent Marina Type i:. acicup Materia_. Resolution approving a Project Funding Agreement with the Waterloo Development Corporation, to fund the costs of conceptual and preliminary design of the Cedar River Marina District in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve agreement between WDC and City. The City is working on the Downtown Waterloo improvements with the WDC, including development of a marina facility in accordance with the approved IRD. The City has a professional services agreement with Summa Statement: AEC OM for the conceptual and preliminary design services for the area of the Cedar River Marina District that the City is to administer. The Waterloo Development Corporation will reimburse the City 100% of the costs for the design using funds allocated to it from the Black Hawk County Gaming Association up to $127,500. Expenditure Required: None S ource of Funds : N/A Policy Issue: Downtown development Alternative: Not approve Page 126 of 173 PROJECT FUNDING AGREEMENT This Project Funding Agreement (the "Agreement") is entered into effective as of May 7, 2019 by and between Waterloo Development Corporation ("WDC") and the City of Waterloo, Iowa ("City"). RECITALS A. WDC and City have worked together, and intend to continue working together, on a project to make certain enhancements to the proposed Cedar River Marina District (the "Project"). In connection with undertaking the Project, the City will enter into certain contracts for conceptual and preliminary design services and related services of the Cedar River Marina District. B. The parties desire to enter this Agreement to express their continued desire to work together for advancement of the Project on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. WDC Responsibility. The City has a professional services agreement with AECOM for the conceptual and preliminary design services for the area of the Cedar River Marina District that the City is to administer. The Waterloo Development Corporation will reimburse the City 100% of the costs for the design using funds allocated to it from the Black Hawk County Gaming Association up to $127,500 per the Professional Services Agreement with AECOM. The WDC will comply with all other laws or regulations which may apply to its activities in carrying out the Project; and will comply with all teens, covenants, and conditions of the Purchase Contracts. WDC agrees to cooperate with the City in good faith on all future decisions regarding Project design and specifications and to consult with City from time to time regarding Project status. The WDC will oversee all Project activities, will review and approve all requests for payment from Project contractors, consultants, or others. Within thirty (30) days of receipt of any payment request that it receives from the City, certifying that the City has made disbursements for payment of the Design Contracts in an amount at least equal to the request, WDC will remit payment to the City in the amount requested, provided that cumulative payments made to the City in connection with the Design Contracts shall not, in the aggregate, exceed the Dedicated Sum. 2. City Responsibi. City agrees to cooperate with WDC in good faith on all future decisions regarding Project design and specifications and to consult with WDC from time to time regarding Project status. City agrees to make all payments required under the contract in timely fashion (subject to any contractual or other rights to audit, protest, or deny payment). Page 127 of 173 3. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: WDC Waterloo Development Corp. 360 Westfield Ave. Ste. 200 Waterloo, Iowa 50701 Attn: Jim Miller CITY City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mayor Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or GO three business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified l except by the mutual written agreement of both parties. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Project Funding Agreement by their duly authorized representatives as of the date first set forth above. WATERLOO DEVELOPMENT CITY OF WATERLOO, IOWA CORPORATION By: By: Daniel B. Watters, President Quentin Hart, Mayor Attest: 2 Kelley Felchle, City Clerk Page 128 of 173 CITY OF WATERLOO Council Communication Resolution approving a Professional S ervic es Agreement with AEC O M Technical S ervic es, Inc ., o f Waterloo, Iowa, in an amount not to exceed $127,500, in conjunction with the development of conceptual and preliminary designs of the Cedar River Marina District in Downtown Waterloo, and authorize the Mayor to execute said document. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department Reviewer Action Date Planning & '' n iii: g Schroeder, .A c Approved 5/15/2( 1 ..... :08 AM Clerk office m;vemem, 11.,eAnn .A.pproved 5/15/2019 ,,,,,,, w 2 AM ATTACHMENTS: Description Type iso S f . c]r v Ac.Ag peai:°i.r aJ Backup 4 ads ri. SUBJECT: Resolution approving a Professional Services Agreement with AEC OM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $127,500, in conjunction with the development of conceptual and preliminary designs of the Cedar River Marina District in Downtown Waterloo, and authorize the Mayor to execute said document. Submitted b Submitted By: Noel Anderson, Community Planning & Development y Director Recommended Action: Approval The City is working on the Downtown Waterloo improvements with the WDC, including development of a marina facility in accordance with the approved IRD. The City is separately proposing a project funding agreement with the WDC to fund this professional services agreement with Summary Statement: AEC O M for the conceptual and preliminary design services for the area of the Cedar River Marina District that the City is to administer. The Waterloo Development Corporation will reimburse the City 100% of the costs for the design using funds allocated to it from the Black Hawk County Gaming Association up to $127,500. Expenditure Required: Not to exceed $127,500 S ource of Funds : WDC reimbursement per funding agreement Policy Issue: Downtown Development Page 129 of 173 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CEDAR RIVER MARINA DISTRICT - SITE DEVELOPMENT CITY OF WATERLOO PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as `SATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: ISCOPE of SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATVs failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over kcal conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering ail reasonable assistance to CLIENT for the purpose of enforcing the same. Page 130 of 173 AECOM Page (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors` methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional insured on this policy, but only to the extent of ATS's Page 131 of 173 AECOM Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with iimits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non- renewal per standard ISO Acord Form wording and the policy provisions. VI. COIVIPENSATION AND TERMS OF PAYMENT T Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct -expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of One Hundred Twenty -Seven Thousand Five Hundred Dollars 127,500.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. in either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. Viii. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 132 of 173 AECOM Page 4 work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as lo the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. } l. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 133 of 173 AECOM Page 5 disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT inCLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. 11 is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject AT's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. € I PI TE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In Page 134 of 173 AECOM Page 6 the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict Liability. (e {f In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO By: i Printed Name: Quentin Hart Title: Ila r _ Date: APPROVED FOR AECOM Bv: Printed blame: Dou las W. Schindel P.E Title: Associate vice President Date: March 6 2019 Page 135 of 173 AECOM CEDAR RIVER MARINA DISTRICT - SITE DEVELOPMENT CITY OF WATERLOO, IOWA EXHIBIT A A. PROJECT DESCRIPTION The project includes redevelopment of the area between River Road, West Commercial Street and the Cedar River as the Cedar River Marina District. It is anticipated this project will include several commercial and/or residential buildings, parking areas, river docking areas and amenities to create new and unique downtown lifestyle opportunities and improved river access for downtown Waterloo. The project will include connections to the recreational trail system in addition to coordinating with the BlackF Hawk County Water Trail Master Pian. Services to be provided under this agreement include site development work and will be divided into three phases. The first phase will include the conceptual and preliminary design services. The second phase would include required design services to complete plans and specifications for construction, and the third phase will include construction -related services, which will be determined at the time the services are needed. B. SCOPE OF SERVICES The scope for the first phase of the project will include conceptual and preliminary design services for the area, including topographical survey, base mapping, building layouts (from conceptual plan), parking lot layouts, landscaping and environmental reviews. The Scope of Services is further defined by the following tasks: PHASE I - CONCEPTUAL AND PRELIMINARY DESIGN SERVICES Task 1 - To c ra hical Surve . This task will include topographical survey of the project development area, roughly bounded by River Road, W. Commercial Street, the Cedar River and the Manatt's property. This data will be used to develop a base map for use in completion of design tasks. Survey tasks will include: a. Topographical Survey of Area b. Underground Utility Locations (as Marked by Utility Companies) c. Existing Utility Florline Information d. Existing Paved Areas e. Property Corners f. Existing Trees Task 2 - Fiver Survey. This task will include a bathyrnetric survey of the Cedar River adjacent to the project site to determine existing river depths and bank locations. Tasks -11 - Conceptual Desiin. This task will include conceptual design for the project development area. Previously developed concepts developed for the project by others will be incorporated into this work to develop a plan for use of this space. Specific elements of this conceptual design include: Task 3. Task4. Proposed buildings will be shown within the development areas. Proposed parking areas and access points will be developed in accordance with City zoning requirements and as needed for development of area. Page 136 of 173 AECOM Task 5. Proposed sidewalks, trails and plaza areas will be shown. Designs will be completed in accordance with City and ADA requirements. Task 6. Proposed streetscaping and landscaping conceptual design will be developed. Portions of this work will be completed by RKLA. Task 7. Pedestrian lighting concepts and electrical services for plaza areas will be developed. Task 8. Utility Relocations. Existing utilities requiring relocation will be identified and a relocation plan identified for each. Task 9. Proposed utility connections will be shown for proposed buildings. Task 10. Storm Water Management. Conceptual design for storm water management will be completed for the development area. Task will include review of best management principles for minimization of storm runoff and treatment of storm water on-site prior to release. Task will include project reviews with City staff to ensure compliance with applicable City standards. Task 11. Boating access location and requirements will be reviewed, along with potential docking locations. Task 12 - Environmental Constraints. A wetland deiineation will be performed for the project area. A review of potential threatened and endangered species will be completed to determine if there are any environmental conditions the project will need to avoid. Portions of this task will be completed by Stantec. Task 13 - River Modeling. This task includes the use of the existing Cedar River FIEC2 model to determine if the proposed improvements can be constructed within the floodway of the Cedar River. The planned improvements will be modeled and adjusted as needed to confirm a no -rise can be achieved. Task 14 - Agency coordination. This task includes coordination with the City of Waterloo, Iowa, Department of Natural Resources, U.S. Army Corps of Engineers and other agencies, as necessary, to receive initial comments for the proposed plan. Tasks 15-24 - Preliminary Design. The conceptual design will be further developed to a preliminary plan level that will be appropriate for developing cost estimates, grant funding applications and marketing functions. Specific elements of this preliminary design include: Task 15. Task 16. Task 17. Task 18. Task 19. Task 20. Task 21. Task 22. Task 23. Task 24. Grading/Earthwork Layouts Paving Elements (Parking Lot, Driveways, Sidewalks and Trails) Underground Utilities (Storm Sewer, Water Main, Sanitary Sewer) Proposed Building Siting Streetscaping and Landscaping Elements ROLA) Dock and River Improvements Quantities and Preliminary Cost Estimate Preliminary Plan Preparation Presentation Graphics Grant Assistance Task 25 - Project Meeting. This task includes project meetings and presentations, as required. A total of eight project meetings are anticipated. Task 26 - Pro'dministration. This task includes project administration, coordination and internal meetings throughout the project development. Page 137 of 173 AECOM Exclusions The following tasks are specifically excluded from the Phase I Scope of Services: • Building Design • Utility Service Sizing • Geotechnical Investigation • Environmental Testing • Final Construction Documents Phase 11- Final Design and Construction Documents Phase 111- Construction -Related Services The scope of both the final design and construction -related services will be determined at the time the services are needed and defined under a future amendment.Construction- related services include construction staking, on-site field review, materials testing, contract administration during construction and right-of-way staking. o:\Administration\A REE\PROR at Cedar River Marinadoc Page 138 of 173 CITY OF WATERLOO Council Communication Resolution approving a one year Farm Lease Agreement with Trevor Rottinghaus, to farm approximately seventy-five (75) acres of land for the 2019 growing season, generally located between Martin Luther King, Jr. Drive and Independence Avenue east of Northeast Drive in the amount of $230 per acre, for a total yearly payment of $17,250, and authorize the Mayor and City Clerk to execute said agreement. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department Reviewer Action Date P lanning & '' n vi ii: g Schroeder, A : is . pi : ovcd 5/15/2( 19 ,,,,,, 10:59 AM Clerk office m;vemem, ,I.,e.A.n .Approved 5/1.5/20'19 ....., 11:09 AM ATTACHMENTS: Description Type Lease Agreement Cover .1 CI M. ap ckup ri i. C Farm Yield M as SUBJECT: Backup M teriall. Resolution approving a one year Farm Lease Agreement with Trevor Rottinghaus, to farm approximately seventy-five (75) acres of land for the 2019 growing season, generally located between Martin Luther King, Jr. Drive and Independence Avenue east of Northeast Drive in the amount of $230 per acre, for a total yearly payment of $17,250, and authorize the Mayor and City Clerk to execute said agreement. Submitted b Submitted By: Noel Anderson, Community Planning & Development y Director Recommended Action: Approval The applicant Trevor Rottinghaus is requesting approval of a lease agreement to farm 75 acres of city owned property for one year for the amount of $230.00 per acre, for a total yearly payment of $17,250.00. Staff Summary Statement: believes this to be a fair lease amount as the applicant has submitted a yields map from last year obtained from his combine (see attached) showing many areas (red) that have low yield amounts due to those areas being more wet throughout the season. Tenant would have until December 31, 2019 to pay said lease amount. Expenditure Required: None. S ource of Funds : N/A Policy Issue: Property Management Background Information: This property was purchased in 2015 from Willard Frost for developmental Page 139 of 173 Legal Descriptions: purposes. SW SW SEC 21 T 89 R 12 EXC THAT PART DESC AS FOL: COM AT SW COR OF SAID SW 1/4 PT BEING A FOUND P -K NAIL TH E ALONG S LINE OF SW 1/4 A DIST OF 325.01 FT TO THE PT OF BEG BEING A SET MAG NAIL TH N A DIST OF 345.6 FT TO A SET 1/2" REBAR LICENSE #6505 TH E A DIST OF 418.04 FT TO A SET 1/2" REBAR LICENSE #6505 TH S A DIST OF 345.6 FT TO THE S LINE OF SAID SW 1/4 PT BEING A SET MAG NAIL TH W ALONG SAID S LINE A DIST OF 418.04 FT TO THE PT OF BEG ALSO KNOWN AS PARCEL A OF PLAT OF SURVEY 335 MISC 449 And NW SW SEC 21 T 89 R 12 EXC THAT PART DESC AS FOL: COM AT THE NW COR OF THE SW 1/4 OF SAID SEC 21 TH N 89 DEG 49 MIN 28 SEC E ON THE N LINE OF THE NW SW OF SAID SEC 21 A DIST OF 329.90 FT TO PT OF BEG OF THE PARCEL HEREIN DESC: TH CONT N 89 DEG 49 MIN 28 SEC E ON THE N LINE OF THE NW SW OF SAID SEC 21 A DIST OF 989.83 FT TO THE NE COR OF THE NW SW OF SAID SEC 21 TH SE ON THE E LINE OF THE NW SW OF SAID SEC 21 A DIST OF 263.05 FT TH NWLY ON A 2406.83 FT RADIUS CURVE CONCAVE NELY AND HAVING A 929.47 FT LONG CHORD BEARING N 76 DEG 25 MIN 35 SEC W A DIST OF 935.34 FT (ARC LENGTH) TH N 65 DEG 17 MIN 37 SEC W A DIST OF 100.10 FT TO THE PT OF BEG And THAT PART OF SW SW OF SEC 21 T 89 R 12 DESC AS FOL: COM AT SW COR OF SAID SW 1/4 PT BEING A FOUND P -K NAIL TH E ALONG S LINE OF SW 1/4 A DIST OF 325.01 FT TO THE PT OF BEG BEING A SET MAG NAIL TH N A DIST OF 345.6 FT TO A SET 1/2" REBAR LICENSE #6505 TH E A DIST OF 418.04 FT TO A SET 1/2" REBAR LICENSE #6505 TH S A DIST OF 345.6 FT TO THE S LINE OF SAID SW 1/4 PT BEING A SET MAG NAIL TH W ALONG SAID S LINE A DIST OF 418.04 FT TO THE PT OF BEG ALSO KNOWN AS PARCEL A OF PLAT OF SURVEY 335 MISC 449 Page 140 of 173 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of 2019, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Irevor Rottingliaus Thereinafter referred to as "Lessee"). 1 The City agrees to allow the Lessee to use and occupy City property (the "Property") located between Martin Luther King Jr Drive and Independence Avenue, east of Northeast Drive, and legally described in Exhibit "A", attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing row crops and shall not use the Property for any other purpose whatsoever. The property described in Exhibit "A" is a total of 75 acres in size. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2019, and terminating on the 31St day of ccember, 2019. The Lessee agrees to pay the City $230.00 per acre for a total of $17,250.00 for the use of the Property. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use of the Property for its own purposes. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department. 4. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with seed mixture as approved by Leisure Services. Further, Lessee agrees that if flooding occurs, no agricultural activities will occur until the land has dried and recovered sufficiently. 5. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, he will instruct them to leave the premises, 6. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever to any person or property which may arise out of or are in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents. 7. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later Se (ember 1 2019. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees, 8. Lessee agrees to prohibit all engine -powered off-road vehicles and four-wheel drive vehicles other than agricultural equipment. 9, In the event any other person acquires a right of ingress and egress across the Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance, which may be necessary, at no cost to the City. Page 141 of 173 10. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations, which occurred during the term of this Agreement. 11. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 12. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 13. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 14. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person, 15. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 16. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 17. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above, 2 Page 142 of 173 CITY OF WATERLOO LESSEE: BY: By: Quinten Hart, Mayor ATTEST: Kelley Felchle, City Clerk CITY'S ACKNOWLEDGMENT: Trevor Rottingl a STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2019, before me, the undersigned Notary Public, personally appeared the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On ill's al'day of * . , 2019, belie ille the undersigned, a Notary Public in and for the County ofa t LO, tic. State of Iowa, personally appeared L LliTc 4 01 AI 1 sr, 0,4 , to me known to be the person(s) named in and who executed the foregoi instrument. TRUDY OHRT COMMISSION NO. 798 MY COMMISSION EXPIRES AUGUST 9, Page 143 of 173 II 1611 ° IIII PN IU I � II I' �IIIpIu� I� III NV� �V II MuNui'xVlVln111100lllll.001l111111uu �, III gill ApV Ui�iuu ' uuuVIIIIIIpIVtl� IIV III N^luu IN �'NN,uI I, II'Ir.. 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This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or Implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. 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'II:II:1111". • 1111111.117,11:111:11,111111 ootli J000000l J1,Io J1,o J1,1: J1,1;11o, 11111oolo°' Im'I'l'I''11111111111111111111111111111'11'11'11'11'11'11'll'IIIIIIIIIIIIIIIIIIIIIIIIIIIIo!!!!!!!!..111111,1,11111111111111111111111" ''""""""""'"1"'"""1"'11)))) 11) oolooloo'1111111111111111.1111.11.1111.11111111111111111111.11.11111111111111111111111111111111.11111101111111111111111111111,11101.11111111111111111111111111111111 °111 loo11011101101 01111 11111111 o 1111111111111100 11111111111111111 111111 I IIIIIIIIIIIIIIIII1O111111111111111111111111111111ollol'oo 1111111111111° 11111 11111' 111 Oo I111 111 11000 o 11111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 111111111111111111111111111111111111111111111111111111111111 III II II I 1111111111 J11,111111,1111 111111 )11)11,11 111111111111111111111111111111111111 l000 11)1111 ,,,,I1111,11,11,11 ''11111111111111°11,11111,11 io )111°!°O!!!'!Olooiii 11,)°1111)°)HoOlOi 1111111 II11111 ooloolo 1111111111 11111111111 ol o1o1o11111 01 till )))„:„„„„„))))) oolooll11111111111111111 III 1 ,1111I 011111110,00000,0 11111111111111111.11,1,11,, 1111 Imo loo moo )11111111,010110111O,11,11,111,1,11,1,11,),11011010,0,11111111111111111111111111110:101)IIIIIIIIII0IIIH'oo"000011'' " 01001111111111111111001111101111011111 111 CITY OF WATERLOO Council Communication Resolution approving the contract for grant award between Waterloo Housing Trust Fund 6 and City of Waterloo Community Development Department, in the amount $25,000, for repairs to existing single family owner occupied homes, and authorize the Mayor to execute said documents. City Council Meeting: 5/20/2019 Prepared: 5/13/2019 REVIEWERS: Department Reviewer (../ommunity l: c c1 r) -n. ; Jones, R..ud:y Clerk O ice 1 ven, 1. ATTACHMENTS: Description Waterloo II st Fund nd. 6 C : t.rac s SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Date Approve 5/15r . 1 9:37 A� M: Approved 5/15/201( ,,,,,, 10:28 A M Type Cover Me lo Resolution approving the contract for grant award between Waterloo Housing Trust Fund 6 and City of Waterloo Community Development Department, in the amount $25,000, for repairs to existing single family owner occupied homes, and authorize the Mayor to execute said documents. Submitted By: Rudy D. Jones, Community Development Director Request City Council authorization for Mayor Hart to execute the grant award documents for immediate submission to the Waterloo Housing Trust Fund This award will help supplement our Emergency Repair Program, specifically for eligible applicants unable to financially cover repair costs that exceed the emergency repair cap of $4,000. Page 146 of 173 CONTRACT FOR GRANT AWARD BETWEEN THE WATERLOO HOUSING TRUST FUND 6 (WHTF) AND CITY OF WATERLOO Section 1: The Funding Contract WHTF IFA 1-LHTF-1O I NRCOG ##8 Activity #2 The WHTF, hereinafter the Grantor agrees, upon the terms and conditions set forth, to make a grant to the organization titled City of Waterloo, located in Waterloo, Iowa hereinafter the Grantee, in the amount of $25,000, These funds were included as part of a grant application submitted by the WHTF to the Iowa Finance Authority (IFA) State Housing Trust Fund on behalf of the Grantee for owner occupied housing emergency repairs meeting the definition of a low to moderate income family (see Section 5(b)(3) below), within Waterloo, as defined in the Grantee's proposal. The $25,000 in grant funds and local match is to be considered conditional on the Grantee complying with all other terms and conditions of this Contract. Section 2: Disbursement and Use of Proceeds a. Disbursement of the grant amount may occur once the Grantee has satisfactorily addressed any requirements set forth in this CONTRACT and once the Grantee has submitted the Request for Disbursement. Disbursement will occur within two to four weeks of the Grantor receiving the Request for Disbursement from the Grantee, and dependent on how quickly the WHTF receives the funds from the Iowa Finance Authority. The Grantee agrees to spend all funds, on allowable expenses as outlined in the original application, within 30 calendar days from the date of the receipt of the funds from the Grantor. b. The Grantee will provide to the Grantor any supporting evidence necessary to substantiate payment to the Grantee. Section 3: Obligation to Repay Grant Amount In Event of Default Upon the occurrence of default, as defined in Section 7, the Grantor may demand repayment of all or a portion of the grant amount that has been disbursed up to the time of default. The Grantee understands and agrees that the grant is made for the purpose of owner occupied emergency repairs for a low to moderate income family as stipulated in the Grantee's proposal, and that upon failure to complete the project stated in the application, the Grantee is obligated to immediately repay such amounts as are determined by the Grantor to have been received by the Grantee without fulfillment of the Grantee's obligations, up to the full amount of the grant proceeds disbursed. Section 4: Conditions of the Grant The obligation and agreement of the Grantor to make the grant is subject to the Grantee satisfactorily addressing any requirements stated in this Contract. Section 5: Representations and Covenants a. Representations; (1) This agreement is considered legal, valid, and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms; (2) The estimated project cost is set forth in the Grantee's original application to the Grantor and no part of the proceeds will be used to finance ineligible costs, within the meaning of the rules; 1 Page 147 of 173 There is no litigation or proceeding pending, or to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever the right of the Grantee to execute this agreement or the other agreements required to be executed by the Grantee under this agreement, or the ability of the Grantee to comply with the Grantee's obligations contained herein or therein; (4) The Grantee agrees that the Grantor shall have no responsibility nor incur any expense for maintenance or preservation of the Project or for the payment of any taxes, assessments, or other governmental charges assessed or levied with respect to the Project; (5) The certifications and representations of the Grantee and other information contained in the application were true and correct as of the date made and are true and correct on the date hereof, except as information in the application may have been amended with the written approval of the Grantor; (6) There has been no adverse change since the date of the application in the financial condition, organization, operation, business prospects, fixed assets, or key personnel of the Grantee; (7) No payment of any bonus or commission has been made by the Grantee for the purpose of obtaining approval of the application, or has or will be made for the purpose of obtaining approval of applications for additional assistance, or any other approval or concurrence of the Grantor required under this agreement; (8) No officer, member, or employee of the Grantor and no members of its board, and no other public official of the governing body of the locality in which the project is located who exercises any functions or responsibilities in the review of approval of the project has participated in any decisions relating to this agreement which affect his/her personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectly interested or has any personal or financial interest, direct or indirect, in the agreement or the proceeds of the grant. b. Covenants (1) The Grantee will incur expenses and draw the funds on the project no later than September 30, 2020. If it is not possible to meet this deadline the grantee shall immediately contact the grantor in writing to request an extension. (2) The Grantee will complete the project in accordance with the project bid, which must be submitted prior to any disbursement of funds. (3) The Grantee hereby certifies, through the completion of an income verification process, that the inhabitants of the housing unit to be built will meet the income guidelines set forth in the request for funding, specifically that the inhabitants of the unit(s) shall have a gross annual household income of less than 80% of the Area Median Income based on the size of the family. (4) The Grantee will assure that all funds from the Grantor will be used only for eligible activities, specifically for owner occupied housing emergency repairs. (5) The Grantee shall not materially change the project, abandon the project, or allow the project to be seized or operated by others. 2 Page 148 of 173 The Grantee agrees to comply with the provisions of Section 16.9 of the Act and Sections 216.8 and 216.8A of the Iowa Code and with the provisions of the Fair Housing Act, as amended, which compliance shall include, but not be limited to, the following: i Grantee shall not refuse to rent, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, sex, familial status, national origin; age, disability or religion; (ii) Grantee shall not discriminate against any person on the terms, conditions, or privileges or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, creed, color, sex, familial status, national origin, age, disability, or religion; (iii) Grantee shall not make or publish any notice, statement or advertisement, with respect to the rental or availability of a dwelling, that indicates any preference, limitation or discrimination based ori race, color, creed, sex, familial status, national origin, age, disability, or religion; (iv) Grantee shall not refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises to be occupied by such a person if such modifications may be necessary to afford such a person full enjoyment of the premises. (7) The Grantee shall, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, national origin, age, or disability. (8) The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, creed, sex, national origin, age or disability. The Grantee agrees to post notice setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. Section 6: Accounts, Records, and Reports The Grantee agrees to comply with the following accounting, recordkeeping, and reporting requirements: a. The Grantee shall maintain books, records, documents, and other evidence pertaining to all costs incurred for the project, such as material and/or construction costs, for which Grantee funds were used. b. At any time during normal business hours and as frequently as is deemed necessary, the Grantee shall make available to the Grantor, its auditor, the State Auditor or the Iowa Finance Authority FIFA), for their examination, all of its records pertaining to matters covered by this agreement. c. All records pertaining to the agreement and grant shall be retained for a period of five (5) years beginning with the date upon which project funds are received. d. The Grantee shall submit a Project Completion Report within sixty (60) days of the completion of the project. The Grantor reserves the right to request additional written or verbal progress reports as deemed necessary. 3 Page 149 of 173 Section 7: Events of Default The following events each constitute an Event of Default; a. Any representation or warranty made by the Grantee under or in connection with this agreement that shall prove to have been incorrect in any material respect when made and shall not be made good within thirty (30) days after notice thereof to the Grantee by the Grantor; or b. The Grantee shall fail to perform or observe any other term, covenant, or stipulation contained in this agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof shall have been given to the Grantee by the Grantor. Section 8: Remedies of Default Under any occurrence of an Event of Default, the Grantor or its agent may: a. Make no further disbursements under the Grant, and/or b. Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Grantee under this Agreement. c. By written notice to the Grantee, demand repayment from the Grantee of all or a portion of amounts previously disbursed under the Grant, whereupon such amounts shall become due and payable. d. Take whatever action at law or in equity may appear necessary or desirable to enforce Grantee's obligation to repay all or a portion of the Grant proceeds and to recover Grant proceeds. Section 9: Indemnity; Fees and Expenses a. Grantee will indemnify and hold harmless the Grantor and its officers and employees from and against any and all losses, by it or them while it or they are acting in good faith to carry out the transactions contemplated by the agreement or to safeguard its or their interests or ascertain, determine or carry out its or their obligations under this agreement, or any raw or contract applicable to said transaction; b. Grantee will, upon demand, pay to the Grantor the amount of any and all reasonable expenses, including the reasonable fees and expenses of its attorneys, including the value of its connection with (i) the exercise or enforcement of any of the rights of the Grantor hereunder, (ii) the failure by the Grantee to perform or observe any of the provisions hereof, and (iii) the recovery of any proceeds misappropriated by the Grantee. The Grantee will also pay, upon demand to the Grantor, any other reasonable expenses of the Grantor related to the project or this financing (including reasonable attorney's fees) which are not otherwise expressly required to be paid by the Grantee under the terms of this agreement; c. Grantee agrees to pay, as and if applicable, all appraisal fees, survey fees, recording fees, license and permit fees, insurance premiums, taxes, charges, and assessments in connection with the project. Section 10: Binding Effect; Governing Law This agreement shall be binding upon and inure to the benefit of the Grantee and the Grantor and their respective successors and assigns, except that the Grantee shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Grantor. This agreement shall be governed by, and construed in accordance with, the laws of the State of Iowa. 4 Page 150 of 173 Section 11: Severability If any provisio i of this agreement sh be held or deemed to be or shall, in fact, be illegal„ inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever. Section 12: Amendments, Changes and Modifications This agreement may not be effectively amended, changed, modified, altered, or terminated without the written consent of the authorized representatives of the parties hereto. Section 13: Termination Clause Either party assigned hereto shall have the authority to ter inate this Contract, with just cause, by notifying the other party by registered mail not less than thirty (30) days prior to the effective termination date. Section 14: Entire Agreement Statement This Contract contains the entire agreement between the Grantor and Grantee for providing assistance. There are no other written or oral agreements, understandings, or contracts that shall take precedence over the items contained herein, unless they have been made a part of this Contract per Section 12. Section 15: Term of the Agree ent This agreement shall be in full force and effect from the date hereof and ntil the project is satisfactorily completed on or before September 30, 2020. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed as of the date indicated below. CITY OF WATpLOO Executive Dir ctor or B rd Chair / President WATERLOO HOUSING TRUST F By: Eric Donat, Board Preside ND (WHTF) Date: Date: Page 151 of 173 Program #82 IFA Draw #: WHTF-IFA Housing Trust Fund 6 (Contract #191HTF-1O) Activity #: 2. City of Waterloo (owner Occupied Rehab or Repair) (ERP) Request for Disbursement Required Attachments: (1) proof of expense/appropriate invoice(s); (2) cancelled agency/organization check(s); (3) income verification documentation; and (4) number of housing units assisted. Requesting Entity: Agency Request ##: Name e of Organization: Date #: Street Address: City/State/Zip: Project Location: Street Address: City/State/Zi p: Total Grant Amount: Amount Previously Requested: Amount of Current Request: Signature Name and Title Date INRCOG Office Use only: IFA Grant Funds: WHTF Funds: Total Funds Disbursed: # of Units Assisted: �---- - --- - - ---rte Page 152 of 173 $79,256 $67,300, County 1 person 2 person 80% WWI 80% MFI AdairCounty, IA Adams County, IA Allamakee County, IA $38,000 $43,400 $38,000 , $43,400 $38,000 4 $38,000 $43,400 $38,000, 3 person 80% MFI $48,850 4 person 80% MFI $54,250 5 person 80% MFI $58,600 $54,250 $58,600 58,600i $62,950 $67300 $62,950 $67300 $71,650,1 $62,950 48,850 $48,850,I $54,250 $48,850 $54,250 6 person 80% MFI $62,950 $62,950 7 person 80% MFI $67300 $67,300 8 person 80% IVIFI $71,650 $71,650 $43,400 $48,850 $54250 aterloo-Cedar Falls, IA HUD Metro FMR Area Boone County, IA Bremer County, IA HUD Metro FMR Area $38,000 $51,150,1 $57,550 $43, 00 $40,900 $46,750 Calhoun County, IA Carroll County, IA ,Cass County, IA 'Cedar County, IA Cerro Gordo County, IA $46,400 $41,250 $38,000, $38,000 $38,000 $39,850 38,000 $40,250 $38,000 Des Moines -West Des Moines, IA MSA 53,000 $48,850 $63,900 $54,250 $58,400,I, $66,250I $71,550 58,600 58,600 69,050 $58,600 63,100 $71,650 $74,150 $62,950 $67,750 $76,850 $47,150, $53,050I, $58,900 $63650 $68,350 43,400 $48,850 I $54,250 $58,600 I $62,950 $43,400 $48,850 $54,250,,1 $58600 $62,950 $43,400,, $48850 $54,250 $58600 $62,950,1 45 550j $51250 $56,900 $61„5001 $66,Oso $43,400 $48,850 $54,25u 6001 $62950 $46,000 $51,750 ,$57,5002100 $66700 $43,4001 $48,85o $54,25o $58,600 $62950 $67,300 $71,65o I11 $67,300 $44,050 $49,5501, $43,400 $48,850 $43,4[!IU $48,850 $43,400I $72,450 $82,150 $73,050 $67,300 $67,300 $167,300, $84,350 $71,650 $77,1001 87,450 $77,750 71,650 $71,6501, 7 ,650I $70,600 lj $75,150 $71,650 $75,900, $44,200 $49,700 $43,400 $51,000, $48,850 57,350, $63,7001 Davis County, IA Decat County, IA Delaware County, IA Des Moines County, IA 1,Dickinson County, IA $38,000 $43,400 $38,000 $41,550 $43,400 Dubuque, IA MSA Emmetty, I CounA Fayette Cou ty,Floyd County, IA $41,450 $38,000 $71 $38,000 48,850 $54,250 $48,850 $47,500 $53,450 $43,400 $48,850 $48,150 $54,150 $47,350 $53,25o $54,250 $68,800 $58,600 $58,6 • 0 $73,900 $62,950 $62,950 $79,000 $67,300 $84,100 $71,65o $71,650 $59,350, $64,100 $68,850 $5425,0' $58,600 $62,950 $67300 $71650 I, $60150 $65,000 $69800 $74,600 $79400 $59,150 Hamilton Cou y, IA Hancock County, IA ardin County, IA IjOmaha-Council luffs, NE -IA HUD Metro FMR Area $38,450I $38,000 $38,000 $44,600 $38,000 $38,050 $39,500 $43,400 $43,450 $45,150 $45,750 $52,250111 $58,800 $48,850 $48,900 68,650,I $62 950I $67,300 $71,650 $62,950 $67,300 $62,950 $67,300 $62,950 $67,300, 650 $71 $38,000 650,I1 $7 $38,0001 6501 63,7001 $68,1001, $72 500 62,950 $67,300 71 650 $62,950 $67,300 $73,900 $62,950 $79,000 $71,6501 $84 100 $56,400, $65,300 $43,400 $48,850Ij $54,250 $43,400 $48,850 $43,400 $48,850 $43,400 $48,850 54,400 $69,950 $81,000 $58,600 $62,950 $71,650 $71,700 $74,450 $86,200, $71,650 $54,250 $58,600,1 $62,950 $67,30011 $71,650 $54,250 $58,6001 $62,9501 $67,300( $71,650 $54,250 $58,600 $62,950 $67,300 $71,650 $65,250 I" 6 $62,950 •5501, $67,200 $62,950 $54,250 $58,600 $69,600 55,750 Cedar Rapids, IA HUD Metro F R Area Louisa County, IA $74,900 $79,7501 $67,300 $71,650 I $71,800 $76,450 $67,300 II $71,650 $75,200 $80,750 $86,350 $91,900 $60,250 $64,700 $69,150 $73,600, $58,600 $62,950 $67,300 $71,6501 $59,200 $58,600 $45,550 $52,050 $58,550 $65,050 $70,300 , $75,500 $80,700 $85,900 $38,000 $43,400 $48,850 $54,250,,, $58,600 ,$62,95011 $67,300 $71,650, $63,600 $68,000 $72,350 $62,950 $67,3001 $71,650 Page 153 of 173 CITY OF WATERLOO Council Communication Resolution accepting Quit Claim Deed from Muriel J. Wenthe for property generally located in the 200 block of Anthony Street, in the amount of $1.00, and authorize the Mayor to execute said document. City Council Meeting: 5/20/2019 Prepared: 5/9/2019 REVIEWERS: Department 1 deg&. Reviewer ] isven , 1 eAri. ATTACHMENTS: Description Detailed 1: arce Rei ° ort SUBJECT: Submitted by: Recommended Action: Expenditure Required: Legal Descriptions: Action Approved Type F a�,�� kiip Material Date 5 : Resolution accepting Quit Claim Deed from Muriel J. Wenthe for property generally located in the 200 block of Anthony Street, in the amount of $1.00, and authorize the Mayor to execute said document. Submitted By: David R. Zellhoefer, City Attorney Approve acceptance of real estate from Muriel J. Wenthe, Parcel No. 8912- 19-128-005/Lot 52 in Country Club Acres. Recording fees of $12.00. Lot 52 in Country Club Acres, Waterloo, Iowa. Parcel No. 8912-19-128-005 Page 154 of 173 Page 155 of 173 Prepared by David R. Zellhoefer, City Attorney, 715 Mulberry, Waterloo, IA, 50703, telephone (319) 291-4327 • TAX STATEMENT: City ofWaterloo, 715 Mulberry Street, Waterloo, IA 50703 SPACE ABOVE THIS LINE FOR RECORDER QUIT CLAIM DEED For the consideration of ($10O One Dollar(s) and other good and valuable consideration, MURIEL J. WENTHE, SURVIVING WIDOW OF EDEN HENRY NRY W T' , SON OF F RDIi A TD H. 4 a�•NT� + AND EM Ii1 ■ : WENTI.E,DECEASED does hereby Quit Claim to CITY OF WATERLOO, IOWA, all our right, title, serest, estate, claim and demand in thefollowing-described real estate in Black Hawk County, Iowa: • Lot No, Fifty-two in Country Club Acres in Waterloo, Black Hawk County, Iowa. Parcel No. 8912-19-128-00 This transaction exempt from Documentary Stamp. Declaration of Value and Groundwater Hazard Stateinentper Iowa Code 1428A.2(6) (2018). Each of the undersigned hereby relinquishes at[ rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construedas in the singular or plural number, and as masculine or feminine gender, according to the context. . Dated: May r , 2019 te& . 7friefaad-124?Ife-0--- Muriel J. Wenthe, Survi ing Widow of Edwin Henry Wenthe, Son of Ferdinand H. Wenthe and Emma E. Wenthe, deceased r s STATE OF ARIZONA, COUNTY OF MA PA ss • Acknowledged before ane on this day of May, 2019, by Muriel J. Wenthe, Surviving Widow of Edwin Henry Wenthe, Son of Ferdinand H. Wenthe and Emma E. enth deceased, • i Jorllnne Aliso i PJPi‘111i: _ / 4 Notary Public . ari opa County. Arizona a 4t' Qy Comm. Exp•11-2-2Y2/ _fitiA I+ : Fu ,l" in and for the State ofArizona - Page 155 of 173 Yuuuum,�w'v""i"II II'uip'I.,','„dlilul''^I'V�'I°” I'llll lull"' r,"I II' �IIVIVI V II IIIIvIV�u ll�ll'I Vundvlil I N'V�ImII IIVI VIVI^II�^II glllllp,l;l IlH IIIIII II II �I�l�uil�lli Y i l 111 I WIVII� �,,'Idv,P�llplpl�p�`„p,111.41I ��, . IIIIIIIIIIII puuullll,” 'iijif l I . � ,r, lilllllpl�lllpll 1111111 IIII IIID �' I I,III,� ,, � "'„ � �Ipr'„I '` IIIIIIIIII lul��� I I I I I hll .I I �I III � II I 1 II I i I I I �I�IIJhI �, Illllll������lliiplllllllllll II � . GIgI l�I�uIIsI �u�lVl�1 �11 I111�lu1�liI.l';IV'"'V'Yi; mmI`Jp 1000001'° IIIII 1dplpI 1,1milll;Pli1J,';;",�lIYIlll', IIsVIIIuiuv11I11i1,11 ldI1I"il IYII'llu! "i V;BVI!�!I�Il�pil4!V!Inl'IVpi�l4lui'YIRrV"'ilwilVll;w llgl' Inu' �V�'i lua MI, I„ h„uYIV l �� I`qul � I�vl''�114hv I llv' li Vuul 1111 � SII, mlowl' a ^I msNJ'ili,^ I N,li�'IIIVI,ry SII III °d �I l !,' ANTHO NYt ST'I;III Ilgl 'ial�l IIIIIIV � N,I',v,p!v I' I.. ..I „wpolll' u�„II �QIVII I^r @i div illV111110 rrru �liII I uiull�lu'��Iu uY I iii w� N I u^ Illili u� �'�� I„� III�'�, ���'�„Y �� �;,pji�l�1�,1111�pp11,11�i���V�i���u.,��IIIY,ll�911�1. 1i101i„IIII^IryII Y Alli llll� IIII^'%dp l' p, l'vIIViVllllllllll�l d^�alV '�.�wk 0000111014 �',',''II � a�u lloiqlll0,il u muuu 111 11I , IIS ' uwu�o�l utll11111I1^^IiY�°ulill'��!III'II'' '' ��� ti I�i�Ild�dlI0I?I�llplll, 1pmili,i1i, 11I1I11i �piuu Nolo: Base mad data source Is Rack Hawk Cauntyr. Alis map do. not represent a 's'urvey. no ratilfry Is assumed for the acaura'-y of tYam data, clel"neal'edi herein, either m'`rprm's's'ed or irriged lay Black Hawk County, the Brack Ha,* Cam* Assessar, ar, their emp$ayees, The CiTy'otMtedaa mikes no warranty., empress ar Inr ted, is la the accurra, al'tha irear¢nationi shawl ,r1 this, Im3p„ and e'k'prmssly disclaims Erb '±1y for th'm accuracy tha roof, deers shook,' Wear to official plata„ surveys, ite mmdrcsd deeds, ot'c.'located ail flim Black Hawk Cowry ,p,s'ses'sraesO ceforc'amnplete and accurate information. IwI���JIIIVIVIIVII!',��Ihh�l;!I���IVivl�yi'IiiNll�4wil��y' Nlllt'Jiii'I'ibiulVly "iliIlu4 IuWlllt v' y9' 'I'l'"!'rl 4/24/2019 Parcel ID Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Peed Holder Max WIWI to Address 8912-19-128-005 ENTHEEMMA E ,PDF No [Map Area Contract Buyer IPrope 00000 g00000-0000 IEWTL0-09 WENTHE,EDWIN $931 5 WINDSTREAM PL AZ 85249-8511 CHANDLER, Address iCurrent Recorded Transfer • r Date Drawn Date Filed Recorded Document Iype )8/5/1982 qi/6/1982 CLD 564128 -D ASSESSED VALUES/CREDITS 2O19 Values Pending Boarci of Revlew Action * * * iRollba`c' k percentages will be provided by the state in October, and will be applied apt that time to determine the taxable values* * * * 1Land Multi -Residential Land Dwelling • 'Building Total 'Acres 00% va iu e [1370 370 [0 Taxable and IMulti-Residential Land iDwelling fBuilding Total Nalue (1370 0 0 0 [,370 .;Year Class '2018 ,,I.,43.1,7:a13,752.:TE)=trala LandlAcres alue ,c .7 Building Total 00% V 43700 JO L370 Taxable l_and _ Value R211 211 .4 ,,,,,,,,-..,-,-,,,,,,,,,,,-....,,,,,....,...,•.+...,.+,,,,,,.......,-...,--sus.,...,..,,,,,,,,,,,,,-. ,,,,,-,,,,,,,,,,,,,-...-4-.-,...,-.---...--.-,-,-.-,-.-. ....,......-•••,,,, r,..-,-,-....5-.-..-,-, ,-,.....-,-.,-.-.-...-.--5,-,....-,,,,,,,,-.....▪ ..,,,,,,,-,,,,....,,,,,,,,,,,,,,,,,,,,-,-,- -- -- -,...--,,,,, .....-,-- -,,, --,..., -- --,......--,...--,,,,,, -- ....,..., .,,,, ,,,... - , ........-yr, ,....,,%.5......., 1 Ffea—r—r— Class R017 R .,• ,,,,, ....,r,rr.,,,,,,,,,,,,,, I , ILand nulti-Residential Land iDwelling 1Buildin▪ g Total ieekcres 1 floo_A, value Rr4..,.,,,,,...--,-,,,,,,-,,,,,,,,,,,,---.----.,...-,....-r,-,-,,,,,,,-,,,,,-..............,`,..r.,-.-,......4,`,..-',.....-.5,Yr,r,...-,,,,,,,, ,.......5.-....-- -,-,...........-'.--..-..-,-.....- .-.-.-........-r-.."-,,,,-.....,,,-`',..., ,..-r,-...,-.....,- -......,,,-.., .....-..........,,,,,,,,,,,,, r......... r , •,,r u, -,,,,,-...,.....--,-...,,,,,--s, ..,,-,,,,..--,,,-,..,..,,,, -,-.....-,, .......... Li370 .4to ip ,0 370 lo r,'27,772,7M7‘70MTotal 1Buildin Taxable 1lLand Multi -Residential Land iDwelling ... ',Value i206 10 105 10 206 •..1 s , &._ ,,:n..„:n,„:r..r,„.._..,,,:n:J,,,,,r,,,,,r,,,,r,t,ith,,r,r,,r,,,,L,L.,,,,,,,,,L,I,,,,Jj,j,L.Wjl IV .4.111 Ill IV 19',1.11.r.i. WI 0 r10...Flif lir.1,1,1111,,I,P P'-I.,,r•I,j,r,..rr,,,,,,r,,fJ_,J,'.•r,,,V.r_:L,,J.ITJj,j,,lj._Imrjffj_irjzllj'r'1•N,.I.111P.1•l1. 11,,,,,,,,,,,,,,,, 1,1.0, ,,,,,,,,,,ir,,,,,,,,,,,,,,,,,,,,,,,,r, r7.,.... ri..,, r.,,,,,,,,,, ,,,,,,, ,,,,,,,,,,,,, bYear Class • 12016 Total lAcres iLand Multi -Residential Land Dwelling ,,tolocy,, value Ii370 lo ',3713 1: • • Taxable Multi -Residential Land [Dwelling, • .puilding Total Value 1211 Egf,-Arb1,11,51,,,EAKNOM., WP1,111,31,1111MIK.L11,1W1171”:41r1,1,1), rEnj urpr TAX INFORMATION ASSESSMENT YEAR 2017 PAYABLE 2018/2019 Max District i940001 - WATERLOO ............................. 1 'Levy Rate , - 1.91,?ss Value iTaxable Value Military Exemption k. pross Tax Net Tax j C o ri_ 1370 206 ,10 0.0843 1$8.26 1$8 00 ,....iNocorp —_10 — JO — P 0 i$0.00 z ....,,. ...._ „„. ,.1,,,,,,,,,,,=„,,,,,--, ]Homestead Credit Disabed Veteran Credit [-PTaxRelief i roperty eeCredit Credit ! . lV1 g Business Property Tax Credit INocorp 40.00 • COUNTRY CLUB ACRES LOT 52 iBasis Front Tront Foot 174 74 136. Totals: Rear Side 1 LEGAL LAND o rea cres 136 ]10064 i0.231 110O64 IOE231 t..ntry Status: Inspected (NW., r • • - iDate Website Last Updated: 04/12/2019 . „ . www2.co.black-hawk.ia.us/website/bhrnap/bhRepDet.asp?apn=891219128005 Page 157 of 1 p CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the Professional Services Agreement with Strand Associates of Madison,Wisconsin, in an amount not to exceed $17,000, in conjunction with emergency removal and damage assessment of the Digester No. 3 lid, and authorize the Mayor to execute said document, and rescinding Resolution No. 2019-337. City Council Meeting: 5/20/2019 Prepared: 5/15/2019 REVIEWERS: Department Waste ,nay e:mnent Clerk Office Reviewer oa,:m. i.birec cr,, Even, I.,eA.nn ATTACHMENTS: Description Amendment to 1.) civ ckpn CI Council Com f unicatjon. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: nt .rc er n..t Action ve`m A pip.: owed. Appm:(ved Type ac, . u. at rial ckup Date 5/15/2(19 2:4„0 PM 5/15/20.19 3:02 "PM Resolution approving Amendment No. 1 to the Professional Services Agreement with Strand Associates of Madison,Wisconsin, in an amount not to exceed $17,000, in conjunction with emergency removal and damage assessment of the Digester No. 3 lid, and authorize the Mayor to execute said document, and rescinding Resolution No. 2019-337. Submitted By: Steve Hoambrecker, Waste Management Services Director Approve Resolution of Amendment No. 1 to the Professional Services Agreement with Strand and rescind resolution No. 2019-337. Resolution No. 2019-337 was approved as a professional services agreement with Strand Associates when the agreement is actually the first amendment to that agreement approved December 12, 2018 with Strand. $17,000 Page 158 of 173 Sir r t.3"t r5E11115L5 (20 (1'; i at e S (55`;', ,551' '55.1""t 0 ''',,i1/45fest \i^5fit""v5J1,3. 1551rikto '05°1. 537 May 1,2019 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Steve Hoambrecker, P.E. Re: Amendment No. 1 to the December 12, 2018, Agreement for General Services Wastewater Treatment Plant Digester No, 3 Assessment This is Amendment No. 1 to the referenced Agreement. Under Scope of Services, ADD the following. “5. Develop a Request for Proposal (RFP) for a contractor to remove Anaerobic Digester No. 3 cover and s bmit to OWNER for use in soliciting proposals. 6. Conduct one preproposal wall with potential contractors, 7. Communicate with potential contractors regarding the REP. Review the submitted proposals, participate in a teleconference to review the proposals with OWNER, and prepare a review letter for OWNER for award of a contract 9. Conduct one on-site evaluation of Anaerobic Digester No. 3 cover, mixers, and Anaerobic Digester Complex building following cover removal. 0 ER shall provide safe means to access the facilities. 10. Communicate with Tank Cover manufacturer, OWNER, and OWNER's insurance agent regarding the evaluation. 11. Develop a summary of potential modifications and an opinion of probable construction cost for building and tank modifications." Under Compensation, CHANGE a lump sum of $8,000 to "on an hourly rate basis plus expenses an estimated fee not to exceed $25,000," Under Schedule, CHANGE January 11, 2019, to "August 16, 2019". IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: STRAND ASSOCIATES, INC OWNER: CITY OF WATERLOO Joseph . Bunker Ra e Corporate Secretary Quentin M. Hart Mayor RAW:K Pri:giORAM ADDocu ments\Agree me int s\WAVai u w, City of (1 A)\W WILDigc.sterNo3 Assess nt,201 8kAge,A.Ind Vi463 00. 1, clacx /\rizorta -1-exa5's r ' Date ‘11/15. 115131: rarteLc()ITI Page 159 of 173 Apr I 30 2019 CI Y OF A ERLOO, WASTE MANAGEMENT SERVICES 'EPART ENT 3505 Easton Ave. Waterloo, IA 50702 (319) 291-4553 Steve Hoambrecker, Director Me o to Waterloo Mayor and City Council E: Professional Services Agreements with Strand Assocates, Preparing Dg. #3 Iid emoval Plans and Specs Ovivo for site visit wit corrective action recommendations :ac ground Discussion n Monday 12/10/18, excessive pressure caused the fixed digester cover for anaerobic tigester #3 to *freak system anchors ant become displaced. The digester has been taken out of service an• remains in that condition u til a final determination can be lade to repair or replace. Strand performed emergency structural da age assessment for a fee of $8,000. Based upon that assessment, some a ditional structural support measures have bee taken to correct a potential safety hazar I el Since that assessmnt WIM has been working with our insurance carrier, Strand and the digester lid manufacturer, Ovivo, to enable removal of the digester lid', place it alon:side t e digester for evaluation. To t at extent, Strah d is putting together plans and specifications to hire a contractor to safely remove the lid. On the agenda is a contract with Strand to put together removal plans and specification and to assist in making a tetermi atio whether it is more cost effective to repair or retlace the da aged lid. In conjunction with Strand's contract there is a separate contract with Ovivo to provide on-site visit assista ce and evaluation of the amaged digester lid. Reco men ed Action it is recom enied that the city council approve blot the professional services agreement wit Strand Associates in the amount of Sxxx an t with °vivo in the amount of S11,550. These associated costs along wit the repair costs will be funded by the sewer fund subject to insurance plan lie uctisle with remaining covered by the city's insurance carrier. Page 160 of 173 CITY OF WATERLOO Council Communication Request by Darci Lenehan for a site plan amendment to the "M -2,P" Planned Industrial District for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. City Council Meeting: 5/20/2019 Prepared: 5/1/2019 REVIEWERS: Department a.nning (.i ierk () Mee ATTACHMENTS: Description ▪ Staff Report CI Aerial CI Overview iew M:ap ▪ S it e . lan. P at o,au�i, ▪ ictuses ▪ is uidn.gDDesign ▪ Appiication SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer S mrOC(_'fer, A.ric venv 1..,eA]ITifl Action Approved Approve Type C over ..o :. mac .<: u. i ate ri.a . . ::3 ac .up • tcria .. ...Backup aterial i ackup ..a. eriall. Cover M emo Cover M :. v ac.�u.p Mate m.;>n Date 5/1/2J...9 1( 08 A M 5/1 /201 9 10:13 AM: Motion to receive, file, consider, and pass for the third time and adopt an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by Darci Lenehan for a site plan amendment to the "M -2,P" Planned Industrial District, for the construction of a 14,400 square foot truck wash facility, located northeast of 2510 Leversee Road. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the D arc i Lenehan for a site plan amendment to the "M -2,P" Planned Industrial District for an updated site plan for the construction of a 14,400 square foot Truck Wash Facility, located northeast of 2510 Leversee Road. The applicant is requesting to construct a 14,400 SF Truck Wash Facility. None N/A Page 161 of 173 Policy Issue: Alternative: Background Information: Legal Descriptions: Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. N/A The request to construct the Truck Wash building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Leversee Road which is a Minor Arterial and Lone Tree Road which is a Collector. There are currently no water or sewer facilities at the project site, but the City is in the process of extending water and sewer to the site and immediate vicinity to assist with future economic development and business creation in the area. It may take a year or more before water or sewer services are brought to the site. The site will also require a wastewater lift station to be built as well. The area in question is zoned "M -2,P" Planned Industrial District, and this zoning is designed to permit the e s tab lis hment of industrial parks and to provide for the orderly planned growth of industries on large tracts of land, and allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time to minimize any adverse effect upon adjacent properties in other zoning districts. At the Planing and Zoning Commission regular meeting on April 2, 2019, it was unanimously recommend for approval with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. Therefore, staff recommends that the request for site plan amendment in the "M -2,P" Planned Industrial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. A parcel of land located in the northwest 1/4 of the southwest 1/4 of Section 32, Township 90 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. More particular described as follows: Commencing at the Southwest Comer of said Section 32; Thence N1°23' 06"W 1410.21' along the west line of the southwest 1/4 of said Section 32; thence N89°21' 21"E 33.00' to a point on the east Right- O f -Way line of L eve s e e road, said point being the point of beginning; thence N1°23' 06"W 504.04' along said east Right -of -Way line; Thence N89°21'21"E 416.26; thence S0°38'39"E 500.00; thence, Page 162 of 173 S 89°21' 21 "W 409.8 to the Point of Beginning, containing 4.74 acres, Subject to easements add restrictions, if any. Page 163 of 173 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: DEVELOPMENT May 6, 2019 Request by Darci Lenehan for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 14,400 SF Truck Wash building and located northeast of 2510 Leversee Road. Darci Lenehan, 3003 Minnetonka Drive, Cedar Falls, IA 50613 The applicant is requesting to construct a new 14,400 SF Truck Wash building and northwest of 2510 Leversee Road is an area currently being platted. The request to construct the Truck Wash building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Leversee Road which is a Minor Arterial and Lone Tree Road which is a Collector. There are no trails or sidewalks in the immediate project area. The area in question has been zoned "M -2,P" Planned Industrial District since March 13, 1995, when the land was rezoned from "A-1" Agricultural District. Surrounding land uses and their zoning designations are as follows: North — Vacant Land and Airport, zoned "M -2,P" Planned Industrial District. South — Vacant Land and Airport, zoned "M -2,P" Planned Industrial District. East — Vacant Land and Airport, zoned "M -2,P" Planned Industrial District. West — Residential and the City of Cedar Falls A buffer to the west may be required as a part of this rezoning request due to it being a residential area. The applicant will need to submit and execute a landscaping plan for the site during the building permit approval process. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place for the two proposed drainage ponds. The surrounding area is vacant land to the north, south and SPA -NE of 2510 Leversee Road Page 1 of Page 164 of 173 HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: SPA -NE of 2510 Leversee Road May 6, 2019 east. The homes to the west in the City of Cedar Falls were built between the 1930's and 1990's. None of the property is located in the 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0166F, dated July 18, 2011. Lincoln Elementary School is located 2.72 miles to the southeast, George Washington Carver Academy is located 3.94 miles to the southeast, and East High School is located 5.2 miles to the southeast. There are no parks in the immediate vicinity. There are currently no water or sewer facilities at the project site, but the City is in the process of extending water and sewer to the site and immediate vicinity to assist with future economic development and business creation in the area. It may take a year or more before water or sewer services are brought to the site. The site will also require a wastewater lift station to be built as well. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to construct up to a 14,400 SF building with a 10 -lot parking lot for truck parking. The area in question is zoned "M -2,P" Planned Industrial District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries on large tracts of land, and allowing greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The Zoning Ordinance requires 2 stacking spaces for each bay, one stacking space for each vacuuming unit, plus 1 space for every 2 people employed at the facility. The site plan shows 10 -parking spaces and meets the parking requirements by only having 4 bays and two employees. The site plan will need to be updated to include front, rear, and side yard setbacks for the proposed truck wash facility. The Planning and Zoning Commission at their regular meeting on April 2, 2019 unanimously approved the site plan amendment. A plat has been submitted for this area as part of another request. Page 2 of Page 165 of 173 TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: SPA -NE of 2510 Leversee Road May 6, 2019 The Technical Review Committee noted that it could be a year or more before water, sewer, and other utilities are installed or brought to the Truck Wash Site. Therefore, staff recommends that the request for site plan amendment in the "M -2,P" Planned Industrial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. Page 3 of Page 166 of 173 City of Waterloo City Council May 6,2019 1111111111 000000000000m0000m00000000 Waterloo Regional Airport 111,111111 Future Extension of Lone Tree Road II SII V 1 1 11111111100000 ll ImmI IIIII 'll IolIooII IIIA 1111111 Il,um,�flpl II � 11, I„^ulyl11 a o111110,1 "GI Vp,1 SII ullll"'i'I' 1 U0,111IIIIIiI;;;IN^ u VV upY "r�'�V�� V IIIIII IUVI Iu'Illrj lo'lo„'l, ” R V Ilm11 tui lio" °;�VlVll �l l� �u lllhl1lllll 11.11,11,11,11111 1,d111 ,d III"Ilm�il'V�� V "'nn'V"�'mopy�,l,ll l I� I�nnMmllll� I�11111 �Ill�li lli IIS u1���u11111111111111111111 �1I V 111 Location of Proposed Truck Wash ,, 111'1 111 111119100000000000 uuuuUIU111111U1011u1,!11111111111111111111u!!1Uuu1U11111 uluoI!�dW111 III mp4'r'iiu'.Ipllihll'u;uu,, Iu�liiBi�Vl 101000 11111111111111111111111111111111 1111111111111111111111111 11111111111111111 11111111 IIII 11 l 1111 1 I 111VIImVVII SII 111111MII I pV�V N „ III AAm� IIID II II (IIIIII111111rd Illi I� nIIIII11111111111I 111I IIIIII IIIIII II IIII I I lil � ���j�''''I'I" ISI 1II ��"I'ihlV"I' d �III�11100000IIIIII IV 11111 11 111 1111 11II IIIIIIII IIIIIIIII I 111 I QUI III 1111111111111111111111111111111111111111111111 111111 ll 111111111111111 (IIIIII IIII IIIIII 1 111111111111111 ryw�ll 11111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111I 1111111 ullmiiiliiiil�l 11111111 0000000poloo 11 lll..1.11 111111111111111111 1""111111111111111111111111 Illi mtllu l uuutll IIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII'lllllll'llllllllll it hll�flllllllllllllllllWIllll f 111 11111���lalla� to I Iu' I .IVIIII'1114uuNn I ���'+'I M' I'I'llllllll lllllllll �ii'iililiidi IIII 1111 i� lii """"""""' Ili' 1111111 ry„I li 1111V^Imd � �Iril �Vi '�''I,I�SII lul�ulNw;N'M� u' �oll�llllu ISI°il�� WW �� IIIVIIIIIIIIIIII it� 000000m000 WV'A''lllld�''�III'�I 'lltl��'��� III. 'm W IIIVIIIIIIIIIIIII I 1111111111111111111111 11111111111111 IIS 101 1111111111111111111111111 11111111111111111111111111111 roll iiiiiiIIIIIII11llll lh11111 1111111111111111111111111111111111 IIIIIIII I I IIII I II1111 11111 11111111111111111111111111111111111111111 IO� a IIIIIIII �1� lii IIIIII�1h ill IIIIIII� I�uullu 111011111111llUl!IUlllllllllll 11111111111111111111111111111111 IopIIIIN9;;;lq111ol o IIIIIIIIII111 11110010001 1111T1 Ill II IIIIIIIIIIIIII IIi00000 IIII NE of 2510 Leversee Road Site Plan Amendment to "M -2,P” Darci Lenehan 250 125 0 250 1t173 City of Waterloo Planning, Programming and Zoning Commission May 6,2019 NE of 2510 Leversee Road Site Plan Amendment to "M -2,P" Darci Lenehan Page 168 of 173 LONE TREE ROAD uu tiTrgfh0110,11i13 I IIIoa1'dlrr i�; t,�1„luol ooiooN0000000000000iioll11 1111111111111111111,1111,111111111, 11111,111111111111, 111111111111111111111111000000000000000000000000111111111111111111111111111111111111 11111111111111111111111 000l0000000 1111111111111111111111111111111111111111 111111111 oill11111111111111111111111111[11111111111100000001oF mool IIIIIIIIIIIIIIIIIIII(IIIIIIIIIyI �"" 11111111111111111111111111111110001 iii IIIIIIIII����N IIIIIII,� u II ,Irllllllllllllllllllllr m4rNlllr r ,II 111�I�ii��iiilllllllllllllllllllllllllllllllli44hI III mr uuuumuuuuliiilllllll f I�Il7lfiiiiiii l hIII 1N(ilii�Pilllll II�'IIIIIIIIIIIIIIV9IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIpuuuuuuuulluuuuu 11(1111 ouuuuuuml umu ��II 01Nuuilll ml;l I 1,1 1GllllllllllllllllIN, tY,''C , 111111 llllwiffi” I �'Illl IIM!� nl qtl "�"rr. "'""'"",""'"'"""'",'"r k N��IIIN�n�� �u W NI�IIIIIVI �/ I IIR�III ��i r dl�@Gwf �u�n�laN oflhuhtml LOT SIZE SHOWN (HEAVY BOUNDARY): 177,614 SF/4.077 ACRES PAVEMENT SHOWN (GRAY HATCHING): 56,044 SF 60 N s 0 60 FEET - I GRAPHIC SCALE IN FEET ..G:\C3D\18\Proposals\Levi\Truck Wash\TruckwashSite2 Op1.dwg, FG -11x17 Exhibit PLOT DATE: 4/16/16 CONCEPT TUC<WASH SITE 2, OPTION 1 LEVESEE COAD WATELOO, IOWA '0 17 2018/04/16 FEHR GRAHAM ENGINEERING & ENVIRONMENTAL ILLINOIS IOWA WISCONSIN © 2018 Pa Re �6 of 173 9 J EXHIBIT INDEX LEGEND LOCATION: IN THE NW1/4 OF THE SW1/4 OF SECTION 32-90-13, CITY OF WATERLOO, BLACK HAWK, COUNTY, IOWA PROPRIETOR: CITY OF WATERLOO SURVEY REQUESTED BY: 33.00' FIELD WORK COMPLETED: 3/5/2019 SURVEY PREPARED BY: RESPOND TO: JEREMY HARRIS CLAPSADDLE-GARBER ASSOCIATES, INC, 16 EAST MAIN STREET, P.O. BOX 754, MARSHALLTOWN, IOWA 50158 PHONE 641-752-6701 JHARRIS@CGACONSULTANTS.COM W 1/4 CORNER SECTION 32-90-13 N89°2121"E 416.26' LOT 10 4.74 AC 409.80' S89°21'21"W POINT OF BEGINNING SW CORNER SECTION 32-90-13 FND 2" DISC w/ #8508 POINT OF COMMENCEMENT A A (-1 DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE, N1°23'06"W 1410.21' ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE, N89°2121"E 33.00' TO A POINT ON THE EAST RIGHT OF WAY LINE OF LEVERSEE ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE, N1°23'06"W 500.04' ALONG SAID EAST RIGHT OF WAY LINE; THENCE, N89°21'21"E 416.26'; THENCE, SO°38'39"E 500.00'; THENCE, S89°2121"W 409.80' TO THE POINT OF BEGINNING, CONTAINING 4.74 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. SCALE 1"=200' 0 200' A (2) LINE DATA LINE NUMBER BEARING DISTANCE L1 N89°21'21"E 33.00' L2 N89°2121"E 33.00' LEGEND: A GOVERNMENT CORNER MONUMENT FOUND A GOVERNMENT CORNER MONUMENT SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #21428 • PARCEL OR LOT CORNER MONUMENT FOUND 0 SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #21428 RECORDED AS () NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. CGA Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultants.com DRAWN CAQ SHEET NO. 1 DATE 3-20-2019 J:\ 5623 \ dwg\Survey\ Plat Survey Lot 10\5623 -Plat Survey Lot 10.dwg -Plat LEGL - 03-20-19 - 11:19am -1,q288 PROJECT NO. 5623.05 age 170 of 173 Site Plan Amendment - Truck Wash North east of 2510 Leversee Road Ilm Itll �"0111�(7'��r�oow,l � ryN�1"tiv.^q� of rn ° �I'aUpP, p �ap;Il (I4f',ul;;vll;��, Looking southwest from the corner of Lone Tree Road and Leversee Road toward the Truck Wash location. Looking southwest from the comer of Lone Tree Road and Leversee Road. � illllllllllll III IIIIIIIIIIIIIIIII 111ll IIII IIII IIIIIIIIII IIIIIIII III I IIIIIIIIIIIIII Illlllllii iii III Ilpp°III \t$ IHI 1,1111' III III II - I, -II I4G" IIII ) 14, 0,- III, G 14 I 111 48 6IV I file(1III1 µ1, "MI, l I 1 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIII,,,, 1,III,111111,IIIIIIIIIIIIIIIIIIII �p�fi�NS( uu�' 11111. 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General 1 cation of site an to g r desLr1Jt1o1l 1 °pet e State: 11): nded:__ rtion to be a ,en.s.iorts of 10S. d.. .Ara of protst„,„ ,1 site fl ao ,I,endmentt..mi e. Current zoni Reas,4 tor site Ian amen 111 „A. 11 'g'rx Corlditia s 41m"" osed 6 111 - y) agredi o does not fleet exist!,„,„ g con( It" ess „ h. („),11.1cr pe,ttinent infor, „se reverse side if neeessaty seNote: If a pito tit is ot the owner ,11 to subdivide (aany Ian ri,,,,rant or (se arare from 1t lan amendment request). 111 IP " 9P 19 of he ro tr y, the si„gnatu„„, e of the owner trii ...st: be secured. If it is the inteiit roved in conjut, etion with this re' uest it must go thrijh a piatting process. iFi fi11,..o1 fee of • to tile 1011 r tunicl '''„1„irt7tail 200 (fir new: (tr overa1.1. a titertt), $100 (for .. or $ (tot wm0r Chd 1o,o) is i 41111 d 1 his fee is 110.0 n er no c loditli n shall said isur. 01 ffl re of said at trrid lent to be enact.ild into law. Any aior ch 4001, in any of tho informati. lh ay le 3 of 173 11 iv n will