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HomeMy WebLinkAboutCouncil Packet - 6/3/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, June 3, 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 327 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Steve Schmitt, At -Large Council Member Agenda, as proposed or amended. Minutes of May 28, 2019, Regular Session, as proposed. Proclamation declaring June 1st as National Gun Violence Awareness Day and June 7th as national "Wear Orange" event. Presentation by spring Residents Academy participants. 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 approving Variance to Noise Ordinance request from Rev. David Van Netten of Grace Reformed Church, in conjunction with the "Sunday in the Park" event to be held at Hope Martin Park on June 16, 2019, from 8:00 a.m. to 1:00 p.m., including a picnic, games for the children, use of a PA system and live music. Submitted By: Lieutenant Corbin Payne 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid openings as June 27, 2019 and date of public hearing as July 1, 2019, in conjunction with the Terminal Building Carpet, LED Lighting and Improvements, Project No. 91190AL0200, and instruct the City Clerk to publish notice. Submitted By: Keith Kaspari, Airport Director 4. Resolution setting date of public hearing as July 8, 2019 to approve Amendment No. 1 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to remove properties from the TIF area, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to publish notice. Page 2 of 327 Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution setting date of public hearing as July 8, 2019 to approve Amendment No. 2 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to expand the boundaries and to update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting date of public hearing as July 8, 2019 to approve Amendment No. 5 to the San Marnan Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting date of public hearing as June 17, 2019 for the sale and conveyance of City owned property in the amount of $1.00 (two lots southeast of 55 Franklin Street), authorizing acquisition of the Salvation Army building located at 415 E. 7th Street in the amount of $200,000, with a property exchange agreement, and directing the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 8. LIQUOR LICENSES a. Ari'z, 504 Sycamore Street *6 Month* Class: C Liquor New Application Includes Sunday Expiration Date: 11/15/2019 b. CVS/Pharmacy #8544, 1825 E. San Marnan Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 5/31/2020 c. CVS/Pharmacy #8546, 205 Franklin Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 5/31/2020 d. Edo's Sports Bar, 110 E. llth Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 5/7/2020 e. Target Store T-1792, 1501 E. San Marnan Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/27/2020 Page 3 of 327 9. Bonds. PUBLIC HEARINGS 2. Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District for the construction of 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. 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 Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by the DGOGWaterlooia10032018, LLC, (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, J r. Drive and Idaho Street intersection. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 3. Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 4. Development and Minimum Assessment Agreement authorizing the sale and conveyance of property to SFN Real Estate, LLC, in the amount of $1.00, for the development of two data centers generally located southeast of 1414 Commercial Street. 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 authorizing the sale and conveyance of a portion of City owned property to SFN Real Estate, LLC, in the amount of $1.00, generally located southeast of 1414 Commercial Street, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with SFN Real Estate, LLC for the construction of two data centers, and authorizing the Mayor and City Clerk to execute Page 4 of 327 said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 5. 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. 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. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located northwest of 4455 Remington Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 6. Request by MMS Consultants, Inc., 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. 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 Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by MMS Consultants, Inc., 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 7. FY 2019 Jefferson and Commercial Streetscape Improvements, Contract No. 976. 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, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, City Engineer RESOLUTIONS 8. Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $195,467.40, in conjunction with the Page 5 of 327 Shaulis Road Corridor and Sink Creek Drainage Study, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving a $30,000 grant agreement between the Otto Schoitz Foundation and the City of Waterloo Community Development for repairs to existing single family owner occupied homes, and authorizing the Mayor to execute said documents. Submitted By: Rudy D. Jones, Community Development Director 10. Resolution appointing UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $6,790,000 General Obligation Bonds, Series 2019A, and authorizing the the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer 11. Resolution authorizing and providing for the issuance of $6,790,000 General Obligation Bonds, Series 2019A, levying a tax to pay the Bonds, approval of the Tax Exemption Certificate and Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer 12. Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $3,210,000 Taxable General Obligation Bonds, Series 2019B, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer 13. Resolution authorizing and providing for the issuance of $3,210,000 Taxable General Obligation Bonds, Series 2019B, levying a tax to pay said bonds, and approving the Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Michelle Weidner, Chief Financial Officer 14. Resolution approving UMB Bank, N.A. of Kansas City, Missouri, to serve as the Registrar and Paying Agent for all outstanding bond issues. Submitted By: Michelle Weidner, Chief Financial Officer 15. Resolution approving request of MMS Consultants, Inc., on the behalf of the City of Waterloo, to approve the preliminary plat of the Northeast Industrial Park Plat No. 4, a four lot industrial subdivision, located east of 1994 Newell Street. Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-3(D), Application Procedure and Requirements, as it relates to the approval of the final plat of Northeast Industrial Park Plat No. 4. Submitted By: Noel Anderson, Community Planning and Development Director Page 6 of 327 17. Resolution approving request of MMS Consultants, Inc., on the behalf of the City of Waterloo, to approve the final plat of Northeast Industrial Park Plat No. 4, a three lot industrial subdivision, located east of 1994 Newell Street. Submitted By: Noel Anderson, Community Planning and Development Director 18. Resolution approving Assignment of Payments Agreement between the City of Waterloo, Deer Creek Development, LLC, and Lincoln Savings Bank, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 19. Resolution approving an application to the Black Hawk County Gaming Association for a grant in the amount of $150,000 in conjunction with the Waterloo Skatepark Project. Submitted By: Paul Huting, Leisure Services Director 20. Resolution approving award of bid to K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, in the amount of $1,258,033.34, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Dennis Gentz, PE, Assistant City Engineer 21. Resolution approving a temporary stop sign located at the intersection of Reber Avenue and Kimball Avenue for up to four (4) months due to the W. 3rd Street construction detour. Submitted By:Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Board of Adjustment minutes of March 26, 2019. 2. Complete Streets minutes of April 16, 2019. 3. Historic Preservation minutes of April 16, 2019. 4. Communication from the Waterloo Technology Services Department on the notice of the conclusion of employment for Marc Cashman, Cable TV Production Assistant, effective May 17, 2019, with recommendation of approval of payout of $4,269.06 for unused benefits. Page 7 of 327 CITY OF WATERLOO Council Communication Minutes of May 28, 2019, Regular Session, as proposed. City Council Meeting: 6/3/2019 Prepared: REVIEWERS: Department Reviewer Clerk 0 lac Iligby, Nan cy Action Date Approved. 5/29/2019 10:44 AM ATTACHMENTS: Description Type Minutes of May Cover Ito Submitted by: Submitted By: Page 8 of 327 May 28, 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 Tuesday, May 28, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Sharon Juon, At -Large Council Member 146312 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Tuesday, May 28, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146313 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 20, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring June 3-9, 2019 as the 37th Annual My Waterloo Days. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, requested an overview of consent agenda item 1.A.8. Noel Anderson explained that the property in question is for the development of twenty four lots in the excess right-of-way on San Marnan Drive as previously approved by council. Jim Chapman, 224 Bertch, questioned how much it costs to maintain the 209 city owned properties and if the city is working to sell these properties. Mayor Hart commented that the city has a list of properties for sale on the city website and that a work session was held today about selling some of these properties. The city spends $120,000 on mowing and snow removal. Todd Obadal, 124 Amity Drive, questioned the timeline for signage placement at the leak at the Cedar River. Mayor Hart explained that a complete article was written with fact checks all confirmed by the DNR which was published in the Waterloo Courier. Nick Hedrick, 207 Highland, stated that he recently attended the Residents Academy and that the experience was amazing and urged others to attend. Mr. Morrissey commented that Bike to Friday' Loo was rained out but it will be rescheduled. He stated that his constituents at his ward meeting want to make a presentation to the council on alternatives to metered parking to bring more business to downtown Waterloo. 146314 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146315 - 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 28, 2019, in the amount of $3,972,186.38, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Page 9 of 327 May 28, 2019 Page 2 1. Resolution adopted and upon approval by Mayor assigned No. 2019-385. 2. Resolution approving Variance to Noise Ordinance request from Main Street Waterloo to hold the My Waterloo Days festival June 7-8, 2019, from 9:00 a.m. to midnight, including barricades, live music, D.J. and use of a P.A. System. Resolution adopted and upon approval by Mayor assigned No. 2019-386. 3. Resolution approving Variance to Noise Ordinance request from Brenda Jones for a birthday party to be held at Lafayette Park on June 8, 2019, from 4:00 p.m. to 7:00 p.m., including music and food. Resolution adopted and upon approval by Mayor assigned No. 2019-387. 4. Resolution approving Variance to Noise Ordinance request from Crystal Stelly for the Shirley & Pat Family Reunion to be held at Exchange Park on July 6, 2019, from 9:00 a.m. to 10:00 p.m., including music, and use of a P.A. system. Resolution adopted and upon approval by Mayor assigned No. 2019-388. 5. Resolution approving Variance to Noise Ordinance request from LaTanya Graves on behalf of the NAACP/Social Action, Inc., for the 24th Annual Juneteenth Celebration to be held at Sullivan Park on June 15, 2019, from 12 Noon to 6:00 p.m., including a drill team, music with a D.J., and use of a P.A. system. Resolution adopted and upon approval by Mayor assigned No. 2019-389. 6. Resolution approving request from Irving Elementary School to hold a 5K Race on June 1, 2019 from 8:30 a.m. to 11:30 a.m., commencing and concluding in the area of Irving Elementary School, located at W. 5th Street and Locust Street, with the route primarily on the residential streets near the school. Resolution adopted and upon approval by Mayor assigned No. 2019-390. 7. Resolution setting date of public hearing as June 10, 2019 to approve the request by the DGOGWaterlooia10032018 LLC, (Dollar General) to vacate a drainage easement located northeast of the Martin Luther King, Jr. Drive and the Idaho Street Intersection, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-391. 8. Resolution setting date of public hearing as June 10, 2019 to approve the sale and conveyance of a portion of former West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, in the amount of $1.00 to Sunnyside South Addition, LLC, in accordance with a project development agreement approved by Resolution No. 2017-755 on September 11, 2017, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-392. b. Motion to approve the following: a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sam Barrett, Sanitation Supervisor and Dave Roeder, Waste Tech Compost Operator Training Iowa City, IA June 21, 2019 $220 Felicia Smith-Nalls, Neighborhood Services (Amended) Opening Doors to the Future Palm Springs, CA May 16-17, 2019 $1,795 Page 10 of 327 May 28, 2019 2. a. b. c. d. e. f. g. h. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Brighouse Bar and Grill, 307 W. 5th Street C Liquor w/Outdoor Service Renewal 5/13/2020 x Local's Bar and Grill, 229 E. 4th Street C Liquor w/Outdoor Service Renewal 5/20/2020 x Metro Mart #1, 3201 W. 4th Street C Beer Renewal 6/30/2020 x New Star, 1459 Ansborough Avenue B Wine / C Beer / E Liquor Renewal 6/2/2020 x Prime Mart, 508 Broadway Street B Wine / C Beer / E Liquor Renewal 3/31/2020 x Risque' Gentlemen's Club, C Liquor Renewal 5/27/2020 301 W. 4th Street Steamboat Gardens, 1740 Falls Avenue C Liquor Renewal 6/13/2020 Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street *Extending Outdoor Service for June Event* A Liquor w/Outdoor Service Renewal 1/14/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Rodney Curran Plumbing Board March 1, 2022 New Thomas E. Wall Waterloo Water Works Board of Trustees January 12, 2024 Correct expiration date 4. Fireworks Display at Waterloo Bucks home games, Riverfront Stadium, 850 Park Road, on June 1, 5, 15, 22, July 4, 16, 20, 27, and August 3, 10, 2019, beginning at 10:00 p.m. and lasting 10 minutes. 5. Fireworks Display for Relay for Life of Black Hawk County at Hawkeye Community College on June 14, 2019, beginning at 10:00 p.m. and lasting approximately 20 minutes. 6. Fireworks Display at Park Avenue Bridge in conjunction with the VGM Heartland Conference 2019, on June 10, 2019, beginning at 9:30 p.m. and lasting approximately 30 minutes. 7. Fireworks Display at Sunnyside Country Course, 1600 Olympic Drive, on July 4, 2019, beginning at 10:00 p.m. and lasting approximately 25 minutes. 8. Cigarette/Tobacco Permit New Application for The Smoking Dragon, 501 W. 4th Street. 9. Recommendation of appointment of Kendra Wyatt to the position of Executive Secretary to the Mayor, effective June 3, 2019. 10. Recommendation of appointment of Jennifer Seifried to the position of Public Works Administrative Secretary, effective June 10, 2019. Roll call vote -Ayes: Seven. Motion carried. 146316 - Klein/Amos Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Risque' Gentlemen's Club, 301 W. 4th Street C Liquor Renewal 5/27/2020 Page 11 of 327 May 28, 2019 Page 4 Mrs. Klein commented that this type of business does not represent what is best for downtown Waterloo and will be voting no. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. PUBLIC HEARINGS 146317 - Schmitt/Amos that proof of publication of notice of public hearing on FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, as published in the Waterloo Courier on May 10, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146318 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146319 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-393. 146320 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-394. 146321 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Estimate: $1,578,197.80 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, Iowa ° 5 /o $1,445,146.61 Croell, Inc. New Hampton, Iowa 5% $1,437,929.20 Cedar Valley Corp. Waterloo, Iowa ° 5 /o $1,286,523.98 Lodge Construction, Inc. Clarksville, Iowa 5% $1,369,330.40 K Cunningham Construction Co., Inc. Cedar Falls, Iowa 5% $1258,033.34 Voice vote -Ayes: Seven. Motion carried. 146322 - Morrissey/Feuss that proof of publication of notice of public hearing on Regulated Asbestos -Containing Materials Demolition Services at: 1107 Commercial Street, 919-925 Commercial Street, 613 W. 7th Street, Page 12 of 327 May 28, 2019 Page 5 and instructing City Clerk to publish notice, as published in the Waterloo Courier on May 17, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146323 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146324 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Morrissey commented that 919-925 Commercial Street is also commonly known as the Castle Apartments and will be a very expensive project to demolition due to the nature of the building. Resolution adopted and upon approval by Mayor assigned No. 2019-395. 146325 - Morrissey/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-396. 146326 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids. Estimate: $339,500 Bidder Bid Security Bid Amount ECCO Midwest, Inc. Cedar Rapids, Iowa 5% $306,500 Zinser Company Walford, Iowa 5% $289,600 Voice vote -Ayes: Seven. Motion carried. 146327 - Morrissey/Feuss that "Resolution awarding bid to Zinser Company, of Walford, Iowa, in the amount of $289,600, and approving contract, bonds, and certificates of insurance in conjunction with Regulated Asbestos - Containing Materials Demolition Services at: 1107 Commercial Street, 919-925 Commercial Street, 613 W. 7th Street, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-397. Mr. Morrissey stated for the record that the hearing for the Riverloop Public Market Fire Suppression Project was cancelled and will be rescheduled at a later date. RESOLUTIONS 146328 - Amos/Feuss that "Resolution approving a Grant Agreement with the Otto Schoitz Foundation in the amount of $100,000, in conjunction with the Waterloo Skatepark Project, and authorize the Leisure Services Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Feuss thanked the Leisure Services Staff for their work in getting the grant. Page 13 of 327 May 28, 2019 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2019-398. 146329 - Amos/Feuss that "Resolution approving acceptance of a 2020 GTSB Highway Safety Grant in the amount of $59,500, for traffic safety enforcement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-399. 146330 - Amos/Feuss that "Resolution approving a revision of the Intended Use Plan for the Dry Run Creek Interceptor Project by adding a generator at the Texas Street (Hawkeye) Lift Station to handle the additional flows, modifying original project expenses, for updating the Department of Natural Resources", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-400. 146331 - Schmitt/Amos that "Resolution approving support for submission of Intended Use Plan and updating the Facility Plan to the Iowa Department of Natural Resources for the Titus (Midland Avenue) Lift Station and Force Main Project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Todd Obadal, 124 Amity Drive, questioned if the reported 12,000 gallons a day is an estimated amount leaking from the pipe or the amount going directly into the river and also asked for the specifics of what the money will be spent on. David Dryer, 3145 W. 4th Street, commented that since one part of the main has failed, how much more is destined to fail further down, and that it makes more sense to put in a permanent bypass verses a temporary one. Mrs. Klein commented that she is fed up with public comment that spreads incorrect information to the public. Mr. Morrissey commented that the public should be allowed to voice their concerns and that he is interested in seeing the staff report on the issue and is looking forward to seeing the details. Mayor Hart commented that citizens do have the right to give their opinion but will not tolerate insinuations that city staff is hiding something. Doug Schindel, AECOM, explained the need to do a phased approach to repairs and stated they are working with the contractor to assess the extent of damage through the use of cameras and will then formulate a permanent fix. Jamie Knutson, City Engineer, stated when he became aware of the issue and explained each step that has been taken to the point of hiring the contractor. He further explained that they are working to engineer a permanent fix by moving 600 feet of the main from under the levy. Mr. Schmitt commented that citizens should be able to ask questions at the podium and requested clarification on the size of the leak. Jamie Knutson explained that the current estimate is 12,000 gallons per day. Mr. Schmitt questioned if there is a way to make sure that once this leak is fixed that the city won't need to go back and make further repairs. Jamie Knutson explained that part of the repair work is to divert the pipe from under the levy to make future repairs more accessible. Mr. Schmitt asked if there are other areas of the city with older or similar aged mains. Page 14 of 327 May 28, 2019 Page 7 Jamie Knutson commented he would have to look at city records. Doug Schindel explained that the sewer main will be televised once excavation begins and that reconstruction of the levy may be affected by weather and river stages. Jamie Knutson concurred that high waters may push the repairs back to a later date. Mr. Feuss questioned if this emergency repair will jeopardize future CIP repair projects. Jamie Knutson commented that he believes funding for the project is coming from the Waste Management budget not CIP. Mayor Hart asked that the bid tabulation be provided so that council could view the various bids. Mr. Morrissey questioned if the city has estimates of how long the sewer infrastructure is supposed to last, its current integrity, what materials were used and if the levy is in jeopardy. Doug Schindel commented that he does not believe the levy is in jeopardy at this time and noted that there will be a Corps of Engineers approved contingency plan in place prior to de -excavation as contaminated materials will not be used for rebuilding the levy. Mayor Hart asked how old parts of the city's systems are. Jamie Knutson explained that some sanitary sewers were laid in the late 1800's. Resolution adopted and upon approval by Mayor assigned No. 2019-401. 146332 - Schmitt/Amos that "Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $262,420.00, and approving the contract, bonds, and certificate of insurance for the FY 2019 Cattle Congress Sanitary Sewer Force Main Emergency Bypass Repair Project, and authorize City Engineer to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-402. 146333 - Schmitt/Amos that "Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide Fire and EMS protection, and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-403. ORDINANCES 146334 - Morrissey/Feuss that "an Ordinance amending the City of Waterloo City Code by repealing Title 6 Motor Vehicles and Traffic, Chapter 2 Bicycles and enacting in lieu thereof a new Title 6 Motor Vehicles and Traffic, Chapter 2 Bicycles", be received, placed on file, considered and passed for the first time. Roger White, 2303 Greenwood Avenue, Cedar Falls, explained that he serves on several boards and committees for bicycling and trails. He stated that he is glad that the city is working to pass an updated ordinance, but has concerns that the passing distances listed in section 6-2-12 are not safe and asked the city to change it to a full lane. He further stated that he would like to see an updated hand signal for right turns and that Class 3 e -bikes should be able to be used on trails. David Dryer, 3145 W. 4th Street, questioned why the burden is primarily on the vehicle not the bicyclist to avoid the bicyclist and commented that he had difficulty finding the current bicycle ordinance. Page 15 of 327 May 28, 2019 Page 8 Bob Recker, 116 W. Schrock Road, commented that he supports the electric assist bikes as they allow bikers to extend the riding season. He further asked that the ordinance be tabled to get the consensus of other communities in the Cedar Valley. Mrs. Juon commented that if Cedar Falls is looking at regulations then Waterloo should work with Cedar Falls and asked city staff to work with bicycle stakeholders. Mr. Schmitt commented that the ordinance should be similar between communities when regulating bicycles and is in favor of tabling the item. Mrs. Klein expressed her concerns about fifteen year olds on electric assist bicycles and feels they should have to have a permit to drive them. She further commented that the bicycle regulations should be similar between communities and is also in favor of tabling the item. Mr. Morrissey commented that the ordinance began a year or two ago after Hudson passed a bike ordinance and did not ask Cedar Falls or Waterloo for input. The current ordinance was created in 1941 and some things from the original ordinance are included in the update. He explained that the Complete Streets Advisory Committee voted unanimously to approve the ordinance with some changes that are in the final ordinance. He shared his concerns regarding e -bikes on trails and asked the council not to postpone the vote but to adopt it and make amendments at a later date. Mr. Jacobs commented that a lot more work needs to be done on this ordinance, including coordinating with neighboring cities and considering the possibility of requiring licensing. 146335 - Jacobs/Schmitt To postpone to June 10th. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart questioned how quickly a meeting could be put together. Roger White explained that the committee on which he serves, approved a recommendation and turned it over to Cedar Falls city staff and legal counsel and does not know the status of the recommendation. Mayor Hart commented that he does not want to set a precedence of having non-residents come to a meeting and disrupt the progress of what staff and council have worked on for months. Mr. Morrissey commented on various amendments he'd like to see and asked Mr. Jacobs to temporarily rescind the motion to postpone, allowing him to first propose his suggested amendments. Considerable conversation ensued regarding concerns with the ordinance as proposed and suggested amendments. Mr. Schmitt commented that this is an easy opportunity to become more Cedar Valley oriented and that he does not see a reason why this ordinance cannot be tabled to get it right. Mr. Amos commented that allowing the amendments before postponing the item made sense. Mr. Morrissey will provide council with his proposed amendments. 146336 - Juon/Schmitt that the council adjourn to Executive Session at 6:58 p.m. Roll call vote -Ayes: seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c). EXECUTIVE SESSION 146337 - Juon/Schmitt Page 16 of 327 May 28, 2019 Page 9 that the council adjourn Executive Session at 7:11 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146338 - Juon/Schmitt that the Council adjourn at 7:11 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 17 of 327 CITY OF WATERLOO Council Communication Proclamation declaring June 1st as National Gun Violence Awareness Day and June 7th as national "Wear Orange" event. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department M ayor 0 iffice Reviewer ,: ven, ,... e gym. Action Date Approved /29/201 17 P M ATTACHMENTS: Description Type m, Mo,laratio ,,,,,,,tmnal rt Mt. S Day Submitted by: Submitted By: Mayor Quentin Hart Page 18 of 327 WHEREAS, every day, 100 Americans are killed by gun violence and on average :there are nearly 13,000 gun homicides every year; and WHEREAS, Americans canis are 25 times more likely to be billed with guns than people in other high-income countries; and WHEREAS, protecting public safety in the communities they scree is the .mayors' hi hest responsibility; and WHEREAS, support for the Second Amendment rights of law-abiding citizens goes hand-in- hand with keeping guns away from people with dangerous histories; and WHEREAS, mayors and :law enforcement officers know their communities best, are the most familiar with local.. criminal anti ity and how to address it, and are best positioned to understand how to keep their citizens safe; and WHEREAS, in January 2013, Hadiya Pendleton, a teenager who marched in President Obanna's second inaugural parade and was tragically shot and killed just weeks later, should be now celebrating her 22nd birthday; and WHEREAS, to help honor Hadiya - and the :1 0 Americans whose lives are : cut short and the countless survivors who are injured by shootings every day anational coalition of organizations has designated June 7, 2019, the first Friday in June, as the 3th National Gun 'Violence Awareness Day; and WHEREAS, the idea was inspired by a group of Hadiya's friends, who asked .their classmates to commemorate her life by wearing orange; they chose this color because Bunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life; and WHEREAS, anyone can join this campaign by pledging to Wear Orange on June 7th, the first Friday in June in 2019, to help raise awareness about gun violence; and WHEREAS, by wearing orange on June 7, 2019 Americans will raise awareness about gun violence and honor. the lives of gun violence victims and survivors; and WHEREAS, we renew our coninnitment to reduce gun violence and pledge to do all wecan to keep firearms out of the wrong hands and encourage responsible gun ownership to help keep our children safe. NOW, THEREFORE, 1,Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim June 7, 2019, as Pagel A NA UN c AWA AY, I encourage all citizens to support their local communities' efforts to prevent the tragic effects of gun violence ',,md to honor and value human lives. 1111, rrNEss HEREof, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 3rd day of June, 2019. TEST: JvU Quentin Hart Mayor CITY OF WATERLOO Council Communication Presentation by spring Residents Academy participants. City Council Meeting: 6/3/2019 Prepared: REVIEWERS: Department Reviewer Action Mayor O rc e Feld*, _1< fey Approved 5/ 0 /2( )3 AM Date SUBJECT: Presentation by spring Residents Academy participants. Submitted by: Submitted By: Page 21 of 327 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Rev. David Van Netten of Grace Reformed Church, in conjunction with the "Sunday in the Park" event to be held at Hope Martin Park on June 16, 2019, from 8:00 a.m. to 1:00 p.m., including a picnic, games for the children, use of a PA system and live music. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department Reviewer v Police i1iDepart e�i..�d gbyy, Nancy. Action Date Approved 5/2812(: ATTACHMENTS: Description Type Variance Arc t n Back p Materi.: . SUBJECT: 4F Resolution approving Variance to Noise Ordinance request from Rev. David Van Netten of Grace Reformed Church, in conjunction with the "Sunday in the Park" event to be held at Hope Martin Park on June 16, 2019, from 8:00 a.m. to 1:00 p.m., including a picnic, games for the children, use of a PA system and live music. Submitted by: Submitted By: Lieutenant Corbin Payne Page 22 of 327 APPLICANT'S NAME: APPLICANT'S ADDRESS: APPLICANT'S PHONE #: APPLICATION FOR VARIA CE TO NOISE ORDINANCE ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: TIMES OF DAY OF VARIANCE: 2 vi GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 1,3 (r1+4 ( PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUC AS A BAND PLAYING, PA SYSTEM, ETC. Not ( I CA C, Applicant's Signature CITY COUNCIL ACTION: Police Dept. Recomme APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Page 23 of 327 Please be invited to ... SUNDAY INTII E Ilia If A Worship and Picnic Event for Neighborhood & Community SUNDAY, JUNE 16 BEGINNING AT 10:00 AM HOPE MARTIN PARK, WATERLOO (Just off Fletcher between Highway 63 and University Avenue) Featuring ... Message of Hope by Pastor Dave. Music by the `{Spirit of Grace" Praise Band Informal & Casual: Bring lawn chairs or blankets Picnic/Cookout: Hamburgers & hot-dogs plus an array of foods. Food, Beverages, table service and Dessert provided free of charge Playground, Games & Prizes for children following worship Handicapped accessibility with sidewalks and restrooms Hosted by the Grace Reformed Church An Event for Families, Singles, & Children! No Cost. Bring a Friend. All Welcome! In case of bad weather, worship, meal, and games will be held at the Grace Reformed ed Church, 520 Maxwell, Waterloo. For more information, call Pastor Dave at 319-233-4341 or email pastordavevannetten@mchsicom. Visit our website at wynv.gracereformedchurftwsn24 of 327 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid openings as June 27, 2019 and date of public hearing as July 1, 2019, in conjunction with the Terminal Building Carpet, LED Lighting and Improvements, Project No. 9I190ALO200, and instruct the City Clerk to publish notice. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department Reviewer Action Date Airport 1 ve:m , J.:. cAnn. Approved 5/29/2019 2:21 P SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc . , setting date of bid openings as June 27, 2019 and date of public hearing as July 1, 2019, in conjunction with the Terminal Building Carpet, L E D Lighting and Improvements, Project No. 9I190ALO200, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve setting dates. Page 25 of 327 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 8, 2019 to approve Amendment No. 1 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to remove properties from the TIF area, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to publish notice. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department Plaming . ping Clerk Office Reviewer Schroeder, Amr'ic ATTACHMENTS: Description Crossroads Water] o mendmen. 0 Action Approved Approved. Type No 1 I ern.ovzlArco Backup M ern.°.° f) , ' C( fission. Arrien.drnent 1 m.nd A m WTI ma n..t 2 tc I`„m..e Crossroads 1 I T' Atta-c hnn.ent 1. escrip tion. SUBJECT: Submitted by: Recommended Action: Summary Statement: items �.a� 1. 1:3' ack.up Matcireia . a� -1- 114'. aterii..a. Date 5/29/2() 1 5/29/2,0 Q: AM AM Resolution setting date of public hearing as July 8, 2019 to approve Amendment N o . 1 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to remove properties from the TIF area, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval The Crossroads Waterloo Urban Renewal and Redevelopment Plan is being amended to remove multiple areas from the existing TIF boundary. By separate action, it is proposed that these areas will be put back into the TIF boundary, as well as adding several other areas into the TIF boundary. The areas being removed and then put back in the TIF are either undeveloped areas that are not likely to develop before their 20 year sunset, or are existing developed areas that have seen recent significant decline in value causing the TIF District to have no increment (no increased taxable value over the base year value). The amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which is proposed to be held on June 19, 2019. Page 26 of 327 The Planning, Programming and Zoning Commission will review the proposed amendment at their regular meeting on June 4, 2019. Expenditure Required: None Source of Funds : n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: S ee Attached Page 27 of 327 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT 1 TO CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On November 17, 2014, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 5253 and on November 10, 2014 adopted Resolution No. 2014-965, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Crossroads Waterloo Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan")(Original area). B. The City desires to amend the Plan to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 1 removal area. AMENDMENT NOW THEREFORE, the San Marnan Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A and B to the Plan are hereby stricken in their entirety, and the new Attachments A and B which are attached hereto are substituted in their place so that the Plan shows the current legal description and map, describing and depicting the boundaries of the Crossroads Waterloo Urban Renewal and Redevelopment Plan and TIF District, as amended. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment! (resolution adopting this amendment) Attachment J (ordinance adopting amended TIF district) Attachment K (notice of public hearing published) Attachment L (notice of public hearing posted) Page 28 of 327 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2019. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 29 of 327 I I I I H IZI I I I I I I_I__I__I_I_ LI 1---W-A-11-1 I I LIU I \l \\ 2 11-'11=1 Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal °iiiiii1iiiiiii 1 ini E Ridgeway ii i IiiiIIAvIIJ__II mite..014,111k8,-*_.\ - • \ % 1.111111He 1i380 ��IMIIiiiii 1 { 1 [1 11 MITI I II IIII Legend Removed Areas Existing TIF District Boundary Flammang Dr 110111011101,,,,,,111 Highway20 uu>niun�i�'u'+asuRwra�r E Shaulis Rd )%)N....oii;`~i Ili, l %i'= Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail Flam mang D Legend Removed Areas Existing TIF District Boundary Flammang Dr Removal Area Removal Area Southtown Dr IIIIINII�� I!tlNNilttVINNIIIIIIVIIIVIIIVIIIIUgpW;INWRIN1,,,,!'WRI ,,,,,%'WRI ,,,,,!'W1,, Highway 20 IIQIIIVIIIVpIl111111pIIIp11IIIpIl111111pIIIp11IIIIIQIIIQIIIVIIIVIIIIIVIIIVIIIVIIIVIIIIURttPNWR!1111. INoaoIIURttPkWR!1111,o oH0001101IIVIIIVIIIVIIIIURttPkWR!1111,0 oHoottIURttPkWR!1111,o INoHmlIIVIIIVIIIVIIIVIIIIURttPkWh'Y 200 400 —■ rca� IIIIIIIII1111 1,111 I % IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII /\ 1111 1111 II11/ \ \\ 1 \\ \\\ 1 \\ u Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail Legend Removed Areas Existing TIF District Boundary 380 380 380 Removal Area Flammang Dr G'k 4 - • 250 500 III km 1,000 Feet Page 32 of 3 Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail U IOIONU11IOQINI0001,IOQO1,IOQO1,IOOQO1,IOQO�IOQ1N-nhpm Legend Removed Areas Existing TIF District Boundary Removal Area Removal Area - - - --- - - - - - - - - �eE Shaulis RdNr �•�������.�••��- - , rim -1 KWIW:- 4. �j♦j♦♦♦j♦♦♦j♦♦♦♦♦♦♦♦j♦j♦j♦j♦j♦♦♦j♦♦♦j♦♦♦♦♦j♦j♦j♦j♦ Rem oval Area♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦�♦�♦♦♦♦�♦♦♦�� S♦i♦iii♦i♦i♦i♦i♦iL♦♦♦♦• i♦i♦i♦i♦i♦i♦i♦i'♦�i'♦�i�i♦♦♦♦♦♦♦♦�i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦iii♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦iiiii�► ce •♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦i♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ii N 'iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii�ECD • 4: 4 , ,_cocn: 4, ij �►II��'., IIIII���Billy �°�%/ 1,911111111111111J�J j.,i!l�i'" �� 400 800 1,600 Fee Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 34 of 327 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Maman Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly Page 35 of 327 right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Page 36 of 327 Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest comer of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most comer of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most Page 37 of 327 corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Page 38 of 327 Mayor QUENTIN HART CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: May 23, 2019 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendment 1 and Amendment 2 to the Crossroads Waterloo COUNCIL Urban Renewal and Redevelopment Plan MEMBERS ••••••••••••••••••• Planning staff is proposing to amend the Crossroads Waterloo Urban Renewal and MARGARET Redevelopment Plan and TIF District by removing multiple areas from the existing KLEIN TIF boundary, and then putting those areas back into the TIF boundary, as well as Ward 1 adding several other areas into the TIF boundary. The areas being removed and then BRUCE put back in the TIF are either undeveloped areas that are not likely to develop before JACOBS their 20 year sunset, or are existing developed areas that have seen recent significant Ward 2 decline in value causing the TIF District to have no increment (no increased taxable PAT value over the base year value). The amendment will establish a new 20 year sunset MORRISSEY for these areas. Once removed from the existing TIF, any increment will be released Ward 3 from the TIF, and once put back in, the current values will become the new frozen ER base that is released to all taxing entities, including the City of Waterloo's general J oME AMOS fund. Only development increment from future dlo ment of these areas would be Ward 4 captured by the TIF. The new areas being added that were not previously in the TIF include 1) the area West of Hess Road between Highway 20 and E. Shaulis Road, 2) RAY the Northwest corner of Texas Street and E. Shaulis Road, and 3) the La Porte Road FEUSS Ward 5 corridor from Hawthorne Avenue to E. San Marnan Drive extending East to the Iowa Northern Railroad. This would appear to be the best model to accomplish economic SHARON development of this area. The amendment will also update projects and project JUON budgets to be included in the Plan, and include other general updates to the Plan. At -Large STEVE Attached are three maps, including a map that shows and aerial photo of the SCHMITT Crossroads Waterloo Urban Renewal and Redevelopment Plan Area TIF District At -Large Boundary, as well as a map that shows what areas would be removed (Amendment No. 1), and then a map that shows the new areas and areas to be put back into the TIF District (Amendment No. 2) . If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 39 of 327 � I A I x 41 r,o � om Iy lY ,.. MV VmM! IdV+ I U1 IIIP1111 I(I uIII uIIINIINppIV"' 'lR Vlli "I P' VM, Iii;i 111 fl,el i1 1 ii illlW 11 III uYI /',', �iil, V�',vllytl Iry *,„1110,,1 IW1W 11,11Nl�','�"��������rl Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion I�I�I°�',: �14�fllloY ryrwwlrlliqv,I,N�vrIP' I�➢ yj�� q IIIIIIII II�III�{�iII�I��VII�il�llhi 4111 �rY 111 l'I�I'u' glhq( I,ipwill"' 'iii IllllI lllilllulllllllll llil@ E Mitchell Av TIF Expansion Area I=1 Existing TIF District Boundary I1I11 ��� IVVu'III,,IIdh Iii'1'1(3llllllllllllll°i Nim#,�,rcM, 100„11100,1,, IIIIPo II �; a�I I iii��lllll�llllllllllllllllllllllllllllllllllll Illllilllllllllllllllllllllllllllllll����� 111111111111111111111111111 1111111,10111, ��� Illllllllllllllllll��llllllllllllll�lllf l�lllry �, d ( "IIIIIIII IIIIIIII1 011111 VIIIA� ��II�I14y I !IIIIII H�°1IINI1III 'ViI��Il�yl Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll1 IIIIIIIIIIIIIIIII IIIIIIII olooloolool000 VIII II,ullili I';iilW Y1 WHmiW ��IIIIII��, m'"I a11U1 'II HIIWIY 11d %Ir �I11iNlllll�ll �; II., II'vw� iii ^@Ud� ViNuVl 1°titl'llb mmnlnl, ��aar 'wnuxv ulwu'al'� im,muuwr ruMwf^ I I I I H IZI I I I I I I_I__I__I_I_ LI 1---W-A-11-1 I I UlllU I \l \\ 2 11-'11=1 Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal [010=111111111111 111 1 iii iii ni 1 I{ 1[1(11 _11 I I II IIII Legend Removed Areas Existing TIF District Boundary Flammang Dr 110111011101,,,,,,111 Highway20 uu>niun�i�'u'+asuRwra�r E Shaulis Rd )%)N....oii;`~i Ili, l %i'= w1 • =WI Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion :11111111111 11111111111111 111111111111111 11111111111 Hi 11111111 1111111111. 11111 Hawthorne Av IIIIIIIII 11111111 I h--IIII 111 111 �► Legend TIF Expansion Area Existing TIF District Boundary 11111111111111111 1111111111111111 Cornwall Av 11111111111111111 11111111111111111 a 1111■1■11 1/1111111 ar�`3�►�47/,1iri, �t •I■1111 111111 Ia t..4A4A1Ak1' Ne•;•— �_�1 Highway 20 E Shaulis Rd )11/4111'11;h:00 Billy °�%/ 1 911111111111111JJJ j, „ii„, III 111II111111w godi 0.5 Miles 42 of 327 Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 43 of 327 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly Page 44 of 327 right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Page 45 of 327 Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most Page 46 of 327 corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Page 47 of 327 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 8, 2019 to approve Amendment No. 2 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to expand the boundaries and to update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to p ub lis h notice. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department Reviewer Action Date Planning "mm�rg Schroeder, mcecer, - m:°mc Approv �d. 5/29/ ,( 19 i AM C lerk 0 nice Even, i� eA n mem Approved 5/29/2019 ,,,,,,, ATTACHMENTS: Description • C:;irossroa . i"11-0 n Amen r lent No 9 c cud "a ; omn mssion Amen . ment 1 and • Amin: end 2 to the Crossroads "1" • Attachment 'Description SUBJECT: Submitted by: Type �f ack. m, . atc iii. it ,. . atcri.ai i::n ' � c 10 r Material Resolution setting date of public hearing as July 8, 2019 to approve Amendment N o . 2 to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to expand the boundaries and to update projects and include additional projects and update related financial information, and include other general updates to the Plan, and setting date of c o ns ultatio n with taxing entities as June 19, 2019, and instruct City Clerk to p ub lis h notice. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval By separate action the Crossroads Waterloo Urban Renewal and Redevelopment Plan is proposed to be amended to remove multiple areas from the existing TIF boundary. This amendment will put those areas back into the TIF boundary, as well as adding several other areas into the TIF boundary. The areas being removed and then put back in the TIF are either undeveloped areas that are not likely to develop before their 20 year sunset, or are existing developed areas that have seen recent significant decline in value causing the TIF District to have no increment (no increased taxable value over the base year value) . The amendment will e s tab lis h a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future Page 48 of 327 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: development of these areas would be captured by the TIF. The new areas being added that were not previously in the TIF are generally located: 1) West of Hess Road between Highway 20 and E. Shaulis Road, 2) the Northwest comer of Texas Street and E. Shaulis Road, and 3) the La Porte Road corridor from Hawthorne Avenue to E. San Maman Drive extending East to the Iowa Northern Railroad. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which is proposed to be held on June 19, 2019. The amendment will also update projects and inc lud e additional projects and update related financial information, and include other general updates to the Plan. The Planning, P ro gramming and Zoning Commission will review the proposed amendment at their regular meeting on June 4, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. S ee Attached Page 49 of 327 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN (Amendment No. 1— 2019) Page 50 of 327 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Comprehensive Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing business and industry and the attraction of new business and industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The 2010 Plan also states that the redevelopment of the community should continue to be a major economic thrust for the City of Waterloo and actively pursue the build -out and redevelopment of the Crossroads Shopping Center area through platting, infrastructure provision, infrastructure improvements and upgrades, and public-private partnerships. The Crossroads Waterloo Urban Renewal and Redevelopment Plan presents a proposal for initiatives in the Crossroads area will also allow tax increment revenue to be used as incentives for the development of the Plan. These incentives would be negotiated and approved on a project -by -project basis at future dates. To achieve the primary objectives of this plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment Plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended and restated. 1 Page 51 of 327 TABLE OF CONTENTS I. CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN, AS AMENDED AND RESTATED. A. DESCRIPTION OF PROJECT B. COMPREHENSIVE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. PROJECT FUNDING II. PROJECT BUDGET A. NARRATIVE B. CHAPTER 15A LOANS OR GRANTS C. TAX INCREMENT FINANCING D. PROPOSED TIMING SCHEDULE III. LEGAL DATA —ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PRELIMINARY PROJECT BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION 2 Page 52 of 327 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING (PUBLISHED) L. NOTICE OF PUBLIC HEARING (POSTED) 3 Page 53 of 327 I. CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN, AS AMENDED AND RESTATED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Crossroads Waterloo Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the Crossroads Waterloo Tax Increment Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for 4 Page 54 of 327 the economic development and redevelopment of the area. (2) Encourage investment in the residential, commercial, and industrial existing uses and in vacant land in the Crossroads Shopping area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and retail, destination retail, and other attractions and attract new retail, destination retail, and other attractions and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, infrastructure provision, removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Crossroads area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities, etc., which may be necessary as the area is developed. B. Comprehensive Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. c. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 5 Page 55 of 327 3. This Plan is consistent with the Comprehensive Plan including the Future Land Use Map in that both strive to: a. Maintain the City's role as a regional center of retail, destination attractions, as well as commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. c. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, etc. c. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land -offering price, to provide for 6 Page 56 of 327 necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. c. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objectives of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 3. Crossroads Area Goals/Projects 7 Page 57 of 327 Over time project agreements will be developed to outline specifics of projects that meet the objectives of the Crossroads Waterloo Urban Renewal and Redevelopment Plan. Known and anticipated projects are listed in Attachment "D". The following is a summary of projects: a. Infill of Crossroads Boulevard (goal) i. This project includes the development of land within the Crossroads Boulevard circle, many of which infill development sites have been identified in previous "S-1" Shopping Center District site plan amendment master plan approvals. This project will work to increase the retail traffic in and around the Crossroads Mall. b. Infill of lots surrounding Crossroads Boulevard (goal) i. This project includes the development of land on the outer rim of the Crossroads Boulevard circle. These lots are excellent infill projects to surround the Crossroads Shopping Mall with other retail and commercial businesses to complement the mall, including but not limited to big box development projects, grocery stores, power centers, strip malls, restaurants, hotels, convenience stores, and other similar type developments. This development will work to increase the retail traffic in and around the Crossroads Mall. ii. This includes the development of a hotel on Lot 2 of Crossroads Plat No. 10 near the intersection of Crossroads Boulevard and Bopp Street. The project includes entering into a development agreement with Shri Ganapati & Bajrangbali, Inc. D/B/A Fairfield Inn & Suites. The total project cost is approximately $4,000,000, and the project shall have a minimum assessed value of $2,604,440. The project shall receive tax rebates for 8 years at 50%. c. Infill of lots on eastern side of La Porte Road (goal) i. This project includes the development of land along Highway 218 on the eastern side of Crossroads Mall. These lots are excellent infill projects to surround the Crossroads Shopping Mall with other retail and commercial 8 Page 58 of 327 businesses to compliment the mall. This development will work to increase the retail traffic in and around the Crossroads Mall. d. Redevelopment of the Hammond Avenue and San Marnan Drive intersection area (goal) i. This project includes the development of land on the southeast corner of the intersection of Hammond Avenue and San Marnan Drive. While there is some excellent retail presence here, there is also an irregular configuration to some of the building space and lot layout. This development will work to increase the retail traffic in and around the Crossroads Mall. e. Infill development and redevelopment of lots on northern side of San Marnan Drive (goal) i. This project includes the development of land on the northern side of San Marnan Drive, including the out lot near Menards, expansions of existing businesses on the northern side of San Marnan, creation of new lots, etc. This development will work to increase the retail traffic in and around the Crossroads Mall. f. Redevelopment of the former Kmart Plaza site, north of San Marnan Drive (goal) g. i. This project includes entering into a development agreement with Proactive Holdings IV LLC, which will redevelop the former Kmart Plaza site, which is over 100,000 sq. ft. of retail building space, and create seven new outlots. The total project cost of this project will be approximately $3,800,000.00, and the project shall have a minimum assessed value of $6,300,000.00. The project shall receive tax rebates for ten years at 50%. This development will work to increase the retail traffic in and around the Crossroads Mall. Continued expansion of retail and destination activities in and around the Lost Island Water Park, Campground, and Isle of Capri Casino (goal) 9 Page 59 of 327 i. This project includes the development of large tracts of land in and around the Lost Island Water Park, parts of which were shown on the original master plan for development of this area through the rezoning of the property for the Lost Island Water Park and Isle of Capri Casino. The development of this land all around the Isle of Capri Casino and Lost Island Water Park will continue the trend of destination type developments to bring people to the Waterloo community and Cedar Valley as a whole. This development will work to increase the visitor, tourist, and retail traffic in and around the Crossroads Mall. h. Infill development of lots along Highway 20, and near Southtown Drive (goal) i. This project includes the development of land near Highway 20, Southtown Drive, and Alexandra Drive. This development will work to increase the retail traffic in and around the Crossroads Mall. i. Further road expansion south of Crossroads Boulevard, to accommodate growing residential development and further neighborhood commercial lots to south (project) i. This project includes the potential of new roads to connect the Crossroads Boulevard area with further residential development areas to the south as they are developed further eastward. This would work to open additional entrances into and out of the Crossroads shopping area for visitors and residents alike. By spreading some of the traffic, it will help minimize traffic congestion at intersections and help with traffic movements and safety into later years. This infrastructure development will work to increase the retail traffic in and around the Crossroads Mall. Reconstruction, reconfiguration, and expansion of La Porte Road/Hess Road heading south from Hawthorne Avenue, continuing through the San Marnan Drive area, and southerly to Shaulis Road area (project) 10 Page 60 of 327 i. This project includes the reconstruction, reconfiguration, and adding/eliminating of lanes for La Porte Road as it heads southerly from Hawthorne Avenue, turning into Hess Road further south. With an increasing amount of traffic throughout the corridor, and especially from the Lost Island Water Park area and Crossroads Mall, it will become vital to make accommodations to handle additional development access points and to address issues of safety, turning, and congestion due to increased traffic in the area. This infrastructure development will work to increase the retail traffic in and around the Crossroads Mall. k. Continuing evaluation of all roads and traffic patterns throughout Crossroads area (project) i. This project includes the potential reconstruction, reconfiguration, and adding of lanes or right -in, right -out access points, median improvements, etc., for many road portions surrounding the Crossroads Mall area. This could include Hammond Avenue, San Marnan Drive, Southtown Drive, Alexandra Drive, Flammang Drive, Sears Street, Penneys Street, Bopp Street, Grimm Street, Crossroads Boulevard, and the La Porte Road/Hess Road corridor from Hawthorne to Shaulis. As more development continues in the overall area, it is vital to continue to make accommodations to handle additional development access points and to address issues of safety, turning, and congestion due to increased traffic in the area. This infrastructure development will work to increase the retail traffic in and around the Crossroads Mall. 1. Reconstruction, reconfiguration, and expansion of Shaulis Road/ Dysart Road intersection with Highway 218 (project) i. This project includes the reconstruction, reconfiguration, and adding of lanes for Shaulis Road/ Dysart Road as it heads westerly from the Highway 218 intersection. Due to the irregular configuration currently in place, increasing traffic through this area may result in the need for a reconfiguration of the intersection to accommodate more stacking of vehicles, better turning radii, and street layouts 11 Page 61 of 327 to facilitate development of lots near points of the highway visibility. This infrastructure development will work to increase the retail traffic in and around the Crossroads Mall. m. Construction and expansion of Isle of Capri Boulevard westerly to Hess Road (project) i. This project includes the construction of Isle of Capri Boulevard further to the west, as further development in and around the casino and water park commences. This will open up new routes and new points of access into and out of these larger attractions, helping to disburse traffic patterns by having several options for travel, and lessening congestion at intersection points. This infrastructure development will work to increase the retail traffic in and around the Crossroads Mall. n. Potential flood plain mapping and planning for development, as well as drainage way improvements (project) i. This project includes the potential need for studying, reviewing, and making potential improvements involving any lands located in the flood plain through the Project Area. Any such improvements would work to improve the capacity and conveyance of flood waters through the area, while also working to maximize further site development for construction of roads, other necessary infrastructure, bridge improvements, and future project development. This infrastructure development will work to increase the retail traffic in and around the Crossroads Mall o. Acquisition of excess right-of-way or excess property from State of Iowa, private property owners, or other entities, near La Porte Road and Hess Road. (project) i. As construction, redevelopment, and potential reconfiguration of roads continue as development progresses throughout the area, it may be possible for state land identified in the areas near La Porte Road and Hess Road to become available for additional development. The City would work with private developers to review and 12 Page 62 of 327 analyze this land for potential development and potential acquisition from the State of Iowa. By maximizing land development where possible, this will work to increase the retail traffic in and around the Crossroads Mall. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds, potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Waterloo Crossroads area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Crossroads Waterloo Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the Project Area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with Iowa Code Chapter 403, and the proposed plan modification is reviewed by the Waterloo Planning, Programming and Zoning Commission (for boundary amendments) and a public hearing is held by the Waterloo City Council. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code, Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment 13 Page 63 of 327 G. Project Funding 1. The current estimated uses of tax increment revenues for urban renewal projects activities are summarized in Section II, Project Budges, of this Plan, and further detailed in Attachment "D". The eventual level of City participation in both private and public improvements for the development of the Project Area cannot be fully determined at this time. However, to the extent that new increment revenues are generated and other appropriate funding sources are identified, the City may undertake other project -related activities in the future. 2. At the present time, it is anticipated that future City tax increment collections for all project -related activities within the Project Area will not exceed $11,000,000 in aggregate amount during the term of this Urban Renewal Plan. As described herein, proceeds of such tax increment collections are currently expected to be used to pay debt service bonds, make economic development grants to private developers and reimburse the City for any other project -related costs incurred in connection with the development of the Project Area. 3. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached to the latest Plan amendment. II. PROJECT BUDGET A. Narrative The Crossroads Waterloo Urban Renewal and Redevelopment Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which after public hearing will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known projects are listed in Attachment "D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen 14 Page 64 of 327 amount will be guaranteed to each new taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten (10) years, or twenty (20) years for monumental projects. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay off improvements (street and/or parking improvements, extension of skywalks, etc.) associated with enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of $500.00. This program is not applicable to any Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, bridge improvements, skywalks, sidewalks, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be 15 Page 65 of 327 issued by the City. The tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements, parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements; 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA - ATTACHMENTS See Attachments A -L. 16 Page 66 of 327 w1 • =WI Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion :11111111111 11111111111111 111111111111111 11111111111 HiRawl11111111 1111111111. 11111 Hawthorne Av 111111111 11111111 I h--IIII 111 111 �► Legend TIF Expansion Area Existing TIF District Boundary 1111 11 III 11111111 1111111111111111 Cornwall Av 11111111111111111 11111111111111111 a 1111■1■11 1/1111111 ar�`3�►�47/,1iri, �t •I■1111 111111 Ia t..4A4A1Ak1' Ne•;•— �_�1 Highway 20 )1I4 IIIII��� Billy �°�%/ 1,911111111111111JJJ j.,i!l�i� III VIIII1111 1,111, lull 0.5 Miles 67 of 327 Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail Flam mang D Legend >Expansion Area< TIF Expansion Area Existing TIF District Boundary Flammang Dr Expansion Area Expansion) Area *Southtown Dr ����"°01i I����ullulllllll �u 111111;; IIII��� I!tlNNilNVINNIIIIIIVIIIVIIIVIIIIUgpW;INWRIN1,,,,!'WRI ,,,,,%'WRI ,,,,,!'W1,' Highway 20 IIQIIIVIIIVpIl111111pIIIp11IIIpIl111111pIIIp11IIIIIQIIIQIIIVIIIVIIIIIVIIIVIIIVIIIVIIIIURttPNWR!1111. INoaoIIURttPkWR!1111,o oH0001101IIVIIIVIIIVIIIIURttPkWR!1111,0 oHoottIURttPkWR!1111,o INoHmlIIVIIIVIIIVIIIVIIIIURttPkWh'Y 200 400 —■ rca� IIIIIIIII1111 1,111 I % IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII /\ Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail k\\ pe p���0��p��►p�, '13 Legend \\ TIF Expansion Area Existing TIF District Boundary 380 380 380 Flammang Dr • - plk- - - - - - K•141414 r.�--1�.......� Expansion Area ♦..�•�..I Pr mmkommm 01. 250 500 1,000 Feet Page 69 of 3 Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail 20 Legend ►!i!i!i! TIF Expansion Area Existing TIF District Boundary wI♦ '►�i�i ` �iiiiiiiiiiiiii♦%♦i�♦-♦-♦-♦-♦-♦-♦" i!�!�!�4i♦i♦4-4 4 i• �i�i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦ iWi ►�►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ iii♦i�►♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦♦ • ���♦♦�♦♦♦♦ Expansion Area ♦♦♦♦♦♦♦♦ • • ♦♦♦♦♦♦_ ♦♦♦♦♦�► �►♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 4/1 1/ 1 1 111 4 1, • 4 i Expansion Area co :, ik 40 )0'11 IIIII� Billy °�%/ 9111111111U111JJJ j i!} i " � 400 800 1,600 Feet 1 Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail Legend TIF Expansion Area Existing TIF District Boundary �Nmmrcmm mNN NNNN uuuu IIVIIIVIIIVIIIVIIIiIP!NN!NNNNNilllmll66191111111VIIIVIIIVIIIIIIIIIVIIIVIIIVIIIIIIIVIIIVIIIVIIIIIIIIVIIIVIIIVIIIIIIIVIIIVIIIVIIIIIIIIIVIIIVIIIVIIIIIIIVIIIVIIIVIIIIIIIIVIIIVIIIVIIIIIIIVIIIVIIIVIIIIIIIVIIIVIIIVII IIVIIIVIIIVIIIVIIIVIIIVIIIVpl1111111VIIIVIIIVIIIVIIIVIIIIIIVu��E�1N�Nk'NCMWkV7NlI<ttN1iIdNN�VIIIVIIIVIIIVIIIVIIIVII@IIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVI NIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIUNNNk!kNNNWNlNkV7Nmu>!NIM!kNNN�NNtlNmmmpfMIIVIUNNNN!kNWN!XNNBINNdKttNNtlpANN Highway Hi hw a 0 9 Y 2 NNNwNNNmmMmrmiumNinaNmNuuiNio� I@II@II@IIII@II@II@II@UNti164666191111111V11@II@II@II@II@II@IIIIIIII@II@II@111111@II@II@II@II@II@II@IIIIIIII@II@II@111111@II@II@II@II@II@II@IIIIIIII@II@IIIV......... nm@ I@II@II@II@II@II@II@IIIIUgn„n��,���mVll@II@II@II@II@IIIIU NIIVIIIVIIIVIIINIIVIIIVIIIVIIINIIVIIIVIIIVIIINIIVIIIVIIIVNNmNkJWN'kk'1M'NMNWNNNN77JIiNNHNtlftlkWi�'NNNNINNmmNtlfNN@VRRNukJUANNI'INA�G.�(NNIINN NmW,%NWRWNC/kV7NllffGfm!ftlNNNONI@II@II@II@II@II@II@IVV Hvghw" 220 • uu�vammmmm�m�m�m�mnmwuu�uouioivaiiauiuu!�uuuaiuivaiumiuiiii�iuumi' ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ /I���� VIINIIII@II@IIVIVII@IIIIIIII@IIINIVII!' � �4UWk�,♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ /♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ :r I I : I • : : ►-♦-♦-♦-♦-♦- Expansion Area --- - ►4►_--!! - - - _ _ , , ---. ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ $1 44 't4 A iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii♦i♦i♦ A. • 0 • ♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦ • -------------------------------------�-�-�-�--------�-�-��*♦ 111 ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦ 1• 11 ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ 111 • # 0—, , - S i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦ii♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦iM4 ��"►d1r.. IIIII����' �i.� __________________________.♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦fie, Expansion Area♦♦♦♦♦♦♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦���, ►r�♦♦t♦♦ A•4•-•-••_•Ak E Shaulis Rd ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail II I 1 Hawthorne Av 111111111 LUHW Byron Av Legend Glenny. A TIF Expansion Area Existing TIF District Boundary \ 11 H 11 11 1 1 11 1 1 11 0 300 600 1,200 Feet Liberty. Av Patton Av E Mitchell Av Cornwall 'Av Bourland Lorraine Av Easton Av III Locke-Av 1 H Howartl Av V I I I K: -1-1 : ,Z30 4, t41-4,400. 48 ;...44, .:_d_.:4...k.....V.A. 4.1 '%W.W.W.W#%%t38o••••••••�......s#+•••••• ii )1I�4 IIIIri; e 72 Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 73 of 327 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Maman Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Page 74 of 327 Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Page 75 of 327 Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most comer of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most comer of said Lot A-1; thence Southeasterly along the Page 76 of 327 Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Amendment No. 2 area (2019) (Amendment No. 2 Subarea) That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. And, All that part of Govt. Lot 4 Sec. 12, T88N R13W and the SE 1/4 of the SE 1/4 of Sec. 12, T88N R13W, lying Southwesterly of Highway #218 (now known as Texas Street), and lying Northeasterly of the centerline of U.S. Highway 218 as presently established. Page 77 of 327 And, Beginning at the Southeast comer of Section 11, T88N R13W; thence West to the West line of the SE 1/4 of said Section 11; thence North along the West line of said SE 1/4 to the North line of said SE 1/4; thence East along the North line of said SE 1/4 to the East line of the SW 1/4 of the NE 1/4 of said Section 11; thence North along the East line of the SW 1/4 of the NE 1/4 of said Section 11 to the Northerly right-of-way line of U.S. Highway 20 as presently established; thence Northeasterly along said Northerly right-of-way line to the East line of said Section 11; thence South along the East line of said Section 11 to the Southeast comer of said Section 11 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest comer of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 described as Lot 1 of Crossroads Plat No. 3. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Page 78 of 327 Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that Page 79 of 327 connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most comer of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. And Beginning at the intersection of the centerline of East San Maman Drive and the centerline of La Porte Road; thence Northwesterly along the centerline of La Porte Road to the centerline of East Ridgeway Avenue; thence Westerly along the centerline of East Ridgeway Avenue to a Southerly extension of the West line of Lot 474 of Pleasant View Addition; thence Northerly along the Southerly extension of the West line of said Lot 474 and the West line of said Lot 474 to the North line of said Lot 474; thence Easterly along the North line of said Lot 474 and the North line of Lot 475 of said Pleasant View Addition to the Northeast corner of said Lot 475; thence Northerly to the Southeast corner of Lot 366 of said Pleasant View Addition; thence Northerly along the East line of said Lot 366 to the Northeast corner of said Lot 366; thence Northerly to the Southeast comer of Lot 355 of said Pleasant View Addition; thence Northerly along the East line of said Lot 355 to the Northeast corner of said Lot 355; thence Easterly along the North line of Lot 356 of said Pleasant View Addition to the Northeast corner of said Lot 356; thence Northerly to the Southeast corner of Lot 245 of said Pleasant View Addition; thence Northerly along the East line of said Lot 245 to the Northeast corner of said Lot 245; thence Westerly along the North line of said Lot 245 to the Northwest corner of Said Lot 245; thence Page 80 of 327 Northerly to the Southwest corner of Lot 236 of said Pleasant View Addition; thence Northerly along the West line of said Lot 236 to the Northwest corner of said Lot 236; thence Northerly to the Southwest comer of Lot 125 of said Pleasant View Addition; thence Northerly along the West line of said Lot 125 to the Northwest corner of said Lot 125; thence Westerly along the North lines of Lots 126 and 127 of said Pleasant View Addition to the Northwest comer of said Lot 127; thence Northerly to the Southwest comer of Lot 114 of said Pleasant View Addition; thence Northerly along the West line of said Lot 114 to the Northwest corner of said Lot 114; thence Northerly to the Southwest comer of Lot 7 of said Pleasant View Addition; thence Easterly along the South lines of Lot 7 and Lot 6 of said Pleasant View Addition to the East line of the West 20 feet of said Lot 6; thence Northerly along said East line to the North line of said Lot 6; thence Northerly along the Northerly extension of said East line to the South line of Lot 4 of Sunkist Addition; thence Westerly along said South line to the West line of said Lot 4; thence Northerly along said West line to the South line of Lot 293 of Mc Lendon's First Addition; thence Easterly along said South line to the East line of said Mc Lendon's First Addition; thence Northerly along said East line to the Southeast corner of Lot 242 of said Mc Lendon's First Addition; thence Northerly along the East lines of Lots 242 and 240 of said Mc Lendon's First Addition to the Northeast comer of said Lot 240; thence Westerly along the North line of said Lot 240 to the Northwest corner of said Lot 240; thence Northerly to the Southwest comer of Lot 15 of Mc Lendon Addition; thence Northerly along the West lines of Lots 15 and 13 of said Mc Lendon Addition to the Northwest corner of said Lot 13; thence Westerly along the North lines of Lots 12, 11, 10, 9, and 8 of said Mc Lendon Addition to a point on the North line of said Lot 8 that intersects a Southerly extension of the East line of Rolling Acres; thence Northerly along said Southerly extension of the East line of Rolling Acres and the East line of Rolling Acres to the Southwest comer of Rolling Acres 1st Addition; thence Easterly along the South line of said Rolling acres 1st Addition to the Southeast corner of Rolling Acres 1st Addition; thence Northerly along the East line of said Rolling Acres 1st Addition to the Northeast corner of Rolling Acres 1st Addition, said point being on the centerline of Byron Avenue; thence Westerly along the centerline of Byron Avenue to the Southerly extension of the West line of Stoyanoff's Replat; thence Northerly along the Southerly extension of said West line and said West line to the Northwest corner of said Stoyanoff's Replat; thence Northerly along an extension of the Westerly line of said Stoyanoff's Replat to the centerline of Hawthorne Avenue; thence Easterly Page 81 of 327 along the centerline of Hawthorne Avenue to the centerline of the Iowa Northern Railroad; thence Southeasterly along the centerline of the Iowa Northern Railroad to a Northeasterly extension of the centerline of East San Marnan Drive; thence Southwesterly along the Northeasterly extension of the centerline of East San Marnan Drive and the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218/Interstate 380; thence Southwesterly along the centerline of East San Marnan Drive to the centerline of La Porte Road and the Point of Beginning. Page 82 of 327 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross bonding Capacity $ 83,241,358 56.68% of legal limit Page 83 of 327 Attachment D Preliminary Project Budget Further road expansion south of Crossroads Boulevard EXPENSES Construction $3,000,000 Architectural & Engineering Fees $250,000 Construction Administration $150,000 TOTAL $3,700,000 FUNDING City TIF $2,500,000 Private $1,200,000 TOTAL $3,700,000 La Porte Road EXPENSES Acquisition $700,000 Construction $12,000,000 Engineering Fees $1,200,000 Construction Administration $600,000 TOTAL $14,500,000 FUNDING City (Local Option, G.O. Bonds) $2,900,000 Federal (MPO) $11,600,000 TOTAL $14,500,000 Evaluation of traffic patterns throughout area EXPENSES Construction $1,200,000 Traffic Study $400,000 Right-of-way acquisitions $100,000 TOTAL $1,700,000 Page 84 of 327 FUNDING City (Local Option, G.O. Bonds) $340,000 Federal (MPO) $1,360,000 TOTAL $1,700,000 Reconstruction of Shaulis/ Dysart Road/ Highway 218 intersection EXPENSES Acquisition $600,000 City Property $200,000 Construction $6,000,000 Landscaping and Public Art $100,000 Engineering Fees $750,000 Construction Administration $100,000 TOTAL $7,750,000 FUNDING State (RISE) $3,875,000 City (Local option, G.O. Bonds) $3,8750,000 Federal (MPO) $0 TOTAL $7,750,000 Construction of Isle of Capri Boulevard west to Hess Road EXPENSES Construction $3,400,000 Engineering Fees $340,000 Construction Administration $170,000 TOTAL $3,910,000 FUNDING City (Local Option, G.O. Bonds) $1,955,000 State (RISE) $1,955,000 TOTAL $3,910,000 Potential flood plain mapping EXPENSES Engineering fees $400,000 TOTAL $400,000 Page 85 of 327 FUNDING City (G.O. Bonds) $400,000 TOTAL $400,000 Acquisition of right-of-way from State of Iowa EXPENSES Acquisition $3,000,000 TOTAL $3,000,000 FUNDING City (G.O. Bonds paid by TIF) $3,000,000 TOTAL $3,000,000 Development Agreement with former Kmart Plaza site for redevelopment of site EXPENSES Tax rebates $1,279,215 TOTAL $1,279,215 FUNDING City (TIF) $1,279,215 TOTAL $1,279,215 Development Agreement for new construction of Fairfield Inn EXPENSES Tax rebates $422,344 TOTAL $422,344 FUNDING City (TIF) $422,344 TOTAL $422,344 Page 86 of 327 Acquisition of parcels for redevelopment and development EXPENSES Acquisition $12,000,000 TOTAL $12,000,000 FUNDING City (GO Bonds to be repaid witrh TIF) $12,000,000 TOTAL $12,000,000 Further build out of commercial development and infrastructure by private developers EXPENSES Tax rebates for the new improvements $3,000,000 TOTAL $3,000,000 FUNDING City (TIF) $3,000,000 TOTAL $3,000,000 Page 87 of 327 TOTAL EXPENSES Further road expansion south of Crossroads Boulevard $3,700,000 La Porte Road $14,500,000 Evaluation of traffic patterns throughout area $1,700,000 Reconstruction of Shaulis/ Dysart Road/ Highway 218 intersection $7,750,000 Construction of Isle of Capri Boulevard west to Hess Road $3,910,000 Potential flood plain mapping $400,000 Acquisition of right-of-way from State of Iowa $3,000,000 Development Agreement — former Kmart Plaza $1,279,215 Development Agreement Fairfield Inn $422,344 Acquisition of parcels for redevelopment and development $12,000,000 Further build out of commercial development and infrastructure by private developers $3,000,000 TOTAL $51,661,559 Cost type breakdown: Public Improvements $26,000,000 Architectural, Engineering, Study, and Construction Administration $4,360,000 Acquisitions $16,600,000 Tax Rebates $4,701,559 TOTAL $51,661,559 Page 88 of 327 TOTAL FUNDING City (TIF) $10„201,559 Private $1,200,000 MPO $12,960,000 State $5,830,000 Local Option / GO Bond $21,470,000 TOTAL $51,661,559 Page 89 of 327 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 90 of 327 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 91 of 327 Attachment G CITY OF WATERLOO, IOWA PLANNING, PROGRAMING AND ZONING COMMISSION RESOLUTION Page 92 of 327 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 93 of 327 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING Page 94 of 327 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING Page 95 of 327 Attachment K CITY OF WATERLOO, IOWA PUBLISHED NOTICE Page 96 of 327 Attachment L CITY OF WATERLOO, IOWA POSTED NOTICE Page 97 of 327 Mayor QUENTIN HART CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: May 23, 2019 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendment 1 and Amendment 2 to the Crossroads Waterloo COUNCIL Urban Renewal and Redevelopment Plan MEMBERS ••••••••••••••••••• Planning staff is proposing to amend the Crossroads Waterloo Urban Renewal and MARGARET Redevelopment Plan and TIF District by removing multiple areas from the existing KLEIN TIF boundary, and then putting those areas back into the TIF boundary, as well as Ward 1 adding several other areas into the TIF boundary. The areas being removed and then BRUCE put back in the TIF are either undeveloped areas that are not likely to develop before JACOBS their 20 year sunset, or are existing developed areas that have seen recent significant Ward 2 decline in value causing the TIF District to have no increment (no increased taxable PAT value over the base year value). The amendment will establish a new 20 year sunset MORRISSEY for these areas. Once removed from the existing TIF, any increment will be released Ward 3 from the TIF, and once put back in, the current values will become the new frozen ER base that is released to all taxing entities, including the City of Waterloo's general J oME AMOS fund. Only development increment from future dlo ment of these areas would be Ward 4 captured by the TIF. The new areas being added that were not previously in the TIF include 1) the area West of Hess Road between Highway 20 and E. Shaulis Road, 2) RAY the Northwest corner of Texas Street and E. Shaulis Road, and 3) the La Porte Road FEUSS Ward 5 corridor from Hawthorne Avenue to E. San Marnan Drive extending East to the Iowa Northern Railroad. This would appear to be the best model to accomplish economic SHARON development of this area. The amendment will also update projects and project JUON budgets to be included in the Plan, and include other general updates to the Plan. At -Large STEVE Attached are three maps, including a map that shows and aerial photo of the SCHMITT Crossroads Waterloo Urban Renewal and Redevelopment Plan Area TIF District At -Large Boundary, as well as a map that shows what areas would be removed (Amendment No. 1), and then a map that shows the new areas and areas to be put back into the TIF District (Amendment No. 2) . If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 98 of 327 � I A I x 41 r,o � om Iy lY ,.. MV VmM! IdV+ I U1 IIIP1111 I(I uIII uIIINIINppIV"' 'lR Vlli "I P' VM, Iii;i 111 fl,el i1 1 ii illlW 11 III uYI /',', �iil, V�',vllytl Iry *,„1110,,1 IW1W 11,11Nl�','�"��������rl Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion I�I�I°�',: �14�fllloY ryrwwlrlliqv,I,N�vrIP' I�➢ yj�� q IIIIIIII II�III�{�iII�I��VII�il�llhi 4111 �rY 111 l'I�I'u' glhq( I,ipwill"' 'iii IllllI lllilllulllllllll llil@ E Mitchell Av TIF Expansion Area I=1 Existing TIF District Boundary I1I11 ��� IVVu'III,,IIdh Iii'1'1(3llllllllllllll°i Nim#,�,rcM, 100„11100,1,, IIIIPo II �; a�I I iii��lllll�llllllllllllllllllllllllllllllllllll Illllilllllllllllllllllllllllllllllll����� 111111111111111111111111111 1111111,10111, ��� Illllllllllllllllll��llllllllllllll�lllf l�lllry �, d ( "IIIIIIII IIIIIIII1 011111 VIIIA� ��II�I14y I !IIIIII H�°1IINI1III 'ViI��Il�yl Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll1 IIIIIIIIIIIIIIIII IIIIIIII olooloolool000 VIII II,ullili I';iilW Y1 WHmiW ��IIIIII��, m'"I a11U1 'II HIIWIY 11d %Ir �I11iNlllll�ll �; II., II'vw� iii ^@Ud� ViNuVl 1°titl'llb mmnlnl, ��aar 'wnuxv ulwu'al'� im,muuwr ruMwf^ III 1 H IZI I I 11 1 I_I__I__I_I_ LI 1---W-A-11-1 1 I LIU I \l \\ 2 11-'11=1 Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal [010=111111111111 111 1 iii iii ni 1 i{ 1[1(11 _1I11I I II IIII Legend Removed Areas Existing TIF District Boundary Flammang Dr 110111011101,,,,,,111 Highway20 uu>niun�i�'u'+asuRwra�r E Shaulis Rd )%)N....oii;`~i Ili, l %i'= w1 • =WI Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion :11111111111 11111111111111 111111111111111 11111111111 Hi 11111111 1111111111. 11111 Hawthorne Av IIIIIIIII 11111111 I h--IIII 111 111 �► Legend TIF Expansion Area Existing TIF District Boundary 11111111111111111 1111111111111111 Cornwall Av 11111111111111111 11111111111111111 a 1111■1■11 1/1111111 ar�`3�►�47/,1iri, �t •I■1111 111111 Ia t..4A4A1Ak1' Ne•;•— �_�1 Highway 20 E Shaulis Rd )11/4111'11;h:00 Billy °�%/ 1 911111111111111JJJ j, „ii„, III IIII111111w godi 0.5 Miles 101 of 327 Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. lto its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 102 of 327 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly comer of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Page 103 of 327 Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Page 104 of 327 Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest comer of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most comer of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Page 105 of 327 Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Amendment No. 2 area (2019) (Amendment No. 2 Subarea) That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. And, All that part of Govt. Lot 4 Sec. 12, T88N R13W and the SE 1/4 of the SE 1/4 of Sec. 12, T88N R13W, lying Southwesterly of Highway #218 (now known as Texas Street), and lying Northeasterly of the centerline of U.S. Highway 218 as presently established. Page 106 of 327 And, Beginning at the Southeast corner of Section 11, T88N R13W; thence West to the West line of the SE 1/4 of said Section 11; thence North along the West line of said SE 1/4 to the North line of said SE 1/4; thence East along the North line of said SE 1/4 to the East line of the SW 1/4 of the NE 1/4 of said Section 11; thence North along the East line of the SW 1/4 of the NE 1/4 of said Section 11 to the Northerly right-of-way line of U.S. Highway 20 as presently established; thence Northeasterly along said Northerly right-of-way line to the East line of said Section 11; thence South along the East line of said Section 11 to the Southeast corner of said Section 11 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 described as Lot 1 of Crossroads Plat No. 3. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Page 107 of 327 Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest comer of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that Page 108 of 327 connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most comer of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. And Beginning at the intersection of the centerline of East San Marnan Drive and the centerline of La Porte Road; thence Northwesterly along the centerline of La Porte Road to the centerline of East Ridgeway Avenue; thence Westerly along the centerline of East Ridgeway Avenue to a Southerly extension of the West line of Lot 474 of Pleasant View Addition; thence Northerly along the Southerly extension of the West line of said Lot 474 and the West line of said Lot 474 to the North line of said Lot 474; thence Easterly along the North line of said Lot 474 and the North line of Lot 475 of said Pleasant View Addition to the Northeast corner of said Lot 475; thence Northerly to the Southeast corner of Lot 366 of said Pleasant View Addition; thence Northerly along the East line of said Lot 366 to the Northeast corner of said Lot 366; thence Northerly to the Southeast corner of Lot 355 of said Pleasant View Addition; thence Northerly along the East line of said Lot 355 to the Northeast corner of said Lot 355; thence Easterly along the North line of Lot 356 of said Pleasant View Addition to the Northeast corner of said Lot 356; thence Northerly to the Southeast corner of Lot 245 of said Pleasant View Addition; thence Northerly along the East line of said Lot 245 to the Northeast corner of said Lot 245; thence Westerly along the North line of said Lot 245 to the Northwest corner of Said Lot 245; thence Page 109 of 327 Northerly to the Southwest corner of Lot 236 of said Pleasant View Addition; thence Northerly along the West line of said Lot 236 to the Northwest corner of said Lot 236; thence Northerly to the Southwest corner of Lot 125 of said Pleasant View Addition; thence Northerly along the West line of said Lot 125 to the Northwest corner of said Lot 125; thence Westerly along the North lines of Lots 126 and 127 of said Pleasant View Addition to the Northwest corner of said Lot 127; thence Northerly to the Southwest corner of Lot 114 of said Pleasant View Addition; thence Northerly along the West line of said Lot 114 to the Northwest corner of said Lot 114; thence Northerly to the Southwest corner of Lot 7 of said Pleasant View Addition; thence Easterly along the South lines of Lot 7 and Lot 6 of said Pleasant View Addition to the East line of the West 20 feet of said Lot 6; thence Northerly along said East line to the North line of said Lot 6; thence Northerly along the Northerly extension of said East line to the South line of Lot 4 of Sunkist Addition; thence Westerly along said South line to the West line of said Lot 4; thence Northerly along said West line to the South line of Lot 293 of Mc Lendon's First Addition; thence Easterly along said South line to the East line of said Mc Lendon's First Addition; thence Northerly along said East line to the Southeast corner of Lot 242 of said Mc Lendon's First Addition; thence Northerly along the East lines of Lots 242 and 240 of said Mc Lendon's First Addition to the Northeast corner of said Lot 240; thence Westerly along the North line of said Lot 240 to the Northwest corner of said Lot 240; thence Northerly to the Southwest corner of Lot 15 of Mc Lendon Addition; thence Northerly along the West lines of Lots 15 and 13 of said Mc Lendon Addition to the Northwest corner of said Lot 13; thence Westerly along the North lines of Lots 12, 11, 10, 9, and 8 of said Mc Lendon Addition to a point on the North line of said Lot 8 that intersects a Southerly extension of the East line of Rolling Acres; thence Northerly along said Southerly extension of the East line of Rolling Acres and the East line of Rolling Acres to the Southwest corner of Rolling Acres 1st Addition; thence Easterly along the South line of said Rolling acres 1st Addition to the Southeast corner of Rolling Acres 1st Addition; thence Northerly along the East line of said Rolling Acres 1st Addition to the Northeast corner of Rolling Acres 1st Addition, said point being on the centerline of Byron Avenue; thence Westerly along the centerline of Byron Avenue to the Southerly extension of the West line of Stoyanoff s Replat; thence Northerly along the Southerly extension of said West line and said West line to the Northwest corner of said Stoyanoff s Replat; thence Northerly along an extension of the Westerly line of said Stoyanoffs Replat to the centerline of Hawthorne Avenue; thence Easterly Page 110 of 327 along the centerline of Hawthorne Avenue to the centerline of the Iowa Northern Railroad; thence Southeasterly along the centerline of the Iowa Northern Railroad to a Northeasterly extension of the centerline of East San Marnan Drive; thence Southwesterly along the Northeasterly extension of the centerline of East San Marnan Drive and the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218/Interstate 380; thence Southwesterly along the centerline of East San Marnan Drive to the centerline of La Porte Road and the Point of Beginning. Page 111 of 327 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 8, 2019 to approve Amendment No. 5 to the San Maman Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to publish notice. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department P lamrmmrm.m.mrm g & " ning Clemrk Office, Reviewer Schroeder, .mr is Even, .1..,e.A.nn. ATTACHMENTS: Description San M am: arm an. D:: ev e c pm ent.cul Amen .mr m r nt No 5 Memo P &I Commission Amend f ent 5 to the San. M a-rn an T 1 F CI Attach lent 13 1, la! 0 Action A pip.: owed. Appmr(ved SUBJECT: Submitted by: Recommended Action: Summary Statement: Type 9:Backup trial ateriai. 13 a1Matcr is .. Date 5/29/2( 19„,,,, 0: 7 AM 5 2 9 20 19 ,,,,,,, 11:2.1 AM Resolution setting date of public hearing as July 8, 2019 to approve Amendment No. 5 to the San Maman Urban Renewal and Redevelopment Plan to expand the boundaries, update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as June 19, 2019, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Staff is proposing to amendment the San mannan Urban Renewal and Redevelopment Plan and TIF District by removing an area from the existing TIF boundary, and by adding new areas into the TIF boundary. The areas being removed are the "front yards” of the lots in Sunnyside Addition, and are being removed to avoid the lots from being split with part in and part out of the TIF. The areas being added include 1) the area generally located between San Maman Drive and Brookeridge Drive, and between Pheasant Lane and Kimball Avenue, and 2) the Southeast comer of Kimball Avenue and E. Tower Park Drive and the property just west of the Southwest comer of Kimball Avenue and San Maman Drive. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on June 19, 2019. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. The Planning, Programming and Zoning Commission will review the Page 112 of 327 proposed amendment at their regular meeting on June 4, 2019. Expenditure Required: None Source of F unds : n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: S ee Attached Page 113 of 327 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO. 5 - 2019) Page 114 of 327 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Comprehensive Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversity and increase the property tax base and which will increase employment opportunities. The San Marnan Urban Renewal and Redevelopment Plan presents a proposal for the location of a business park on various lands generally located between San Marnan Drive and U.S. Highway 20 between West 4th Street and just east of Kimball Avenue, and generally located between U.S. Highway 20 and Shaulis Road between Ansborough Avenue and just east of Iowa Highway 21, and generally located between San Marnan Drive and Brookeridge Drive between Pheasant Lane and Kimball Avenue. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project -by -project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. Page 115 of 327 TABLE OF CONTENTS I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. COMPREHENSIVE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS. E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA -ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECK LIST F. RELOCATION CHECK LIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION -2 Page 116 of 327 H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING -3 Page 117 of 327 I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake the San Marnan Urban Renewal and Redevelopment Plan under the provisions of the Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed San Marnan Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local industries and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of industrial and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy, promote commercial and industrial development, expansion, of existing business and industry and attraction of new industry. In accordance with this public purpose, the San Marnan Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. (2) Encourage investment in the residential, commercial, and industrial existing uses and vacant land in the San Marnan -4 Page 118 of 327 (3) Area by enhancing the environment and making it more conducive to economic development. Provide incentives to expand existing business and industrial uses and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, loans, grants and/or any other incentives that will result in development of the San Marnan Area. (4) Increase employment opportunities for the citizens of Waterloo. (s) Provide the necessary infrastructure, such as sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities, bike trails, etc., that may be necessary as the area is developed. (6) All objectives of the original plan adopted in 1999, Amendment No. 1 plan adopted in 2004, and Amendment No. 2 plan adopted in 2009. B. Comprehensive Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of plan objectives. a. Stimulate land uses which will strengthen and compliment existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. c. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This plan is consistent with the Comprehensive Plan including the Future Land Use Map in that both strive to: a. Maintain the City's role as a regional center of commerce and industry. -5 Page 119 of 327 b. Assure land uses which will strengthen and compliment existing appropriate land use relationships within the surrounding community. c. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. To provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, bike trails, etc. c. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefore. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land -offering price, to provide for necessary physical improvements and infrastructure, and to find other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Code to develop and provide for improved economic conditions in the City of Waterloo. -6 Page 120 of 327 i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the San Marnan Urban Renewal and Redevelopment Area. 2. Land Acquisition and Disposition The City intends to finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities; b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the Plan. c. To acquire any and all interests in any property within the Project Area, which in any way dominates or controls usage of other real property, proposed to be acquired. The City may make improvements for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objectives of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership, which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this Plan. 3. San Marnan Urban Renewal and Redevelopment Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of the San Marnan Urban Renewal and Redevelopment Area. The known and anticipated projects are listed in Attachment "D". In the future this -7 Page 121 of 327 list of projects may be amended or added by the action of the City Council after proper notice and hearing. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, bike trails, skywalks, sidewalks, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction and G.O. Bonds which will be paid off with the increased tax increment revenues resulting from private investment in the San Marnan area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this San Marnan Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the project area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E".) E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with the Iowa Code Chapter 403, and the proposed plan modification is reviewed by the Waterloo, Planning, Programming and Zoning Commission (for boundary amendments) and a public hearing is held by the Waterloo City Council. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code, Chapter 403.5, 4a, and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment "F".) G.Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached to the latest Plan amendment. _g Page 122 of 327 II. Project Budget A. Narrative The San Marnan Urban Renewal and Redevelopment Plan includes the areas as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which after public hearing will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known projects are listed in Attachment "D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or redevelopment is completed is frozen. While the frozen amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to twenty (20) years. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay off improvements (street and/or parking improvements, etc.) associated in enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of $500.00. This program is not applicable to any Self Supported Municipal Improvement District levy or other special tax assessments and/or the debt service levy. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, bridge improvements, skywalks, sidewalks, etc. B. Loans or Grants. The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this San Marnan Urban Renewal and Redevelopment Plan and the Code. In furtherance of the objectives under this San Marnan Urban Renewal and -9 Page 123 of 327 Redevelopment Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing. The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City, the tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, parking facilities, water mains, bike trails or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements. 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 427B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. Legal Data See Attachments A -K A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist -10- Page 124 of 327 F. Relocation Checklist G. Planning, Programming & Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation I. City Council Resolution Adopting Plan J. City Council Ordinance Adopting Tax Increment Finance District K. Notice of Public Hearing -11- Page 125 of 327 IIi • co d CI c 0 Cl). C ascm k W V ' i rr y D u. i. ca d L a coet '8d E cl 0 d d CI ni L co G as(/) al. Wall 1 1 w L a L 3 H w C x•ansion A re- 0 N 2 ca L � Q C Ca0 C .(1) m C 0 CO CL m W • v C LL CO E 1— ca 0) 'FA ca X a) C!) W • ►ii ►!i! 0 z as 3! PeieO 111 1—. ca d L Q i ca a 'Ead E a 0 d d 0 ca L co G i ca cn Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1999) (Original Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017) and as modified by Amendment No. 5 (2019)) Beginning at the intersection of the centerlines of W. 4th Street and West San Maman Drive, thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive, thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition, thence South 45°26' 14" East a distance of 173.84 feet, to a point on the Southwesterly line of Lot 1 Tower Park Addition, thence following said line of Lot 1 57.3 feet along a 64 foot radius curve, thence South 45°26' 14" East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14" East to the most Southerly corner of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an Page 129 of 327 extension thereof to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20, thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13, thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section, thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section, thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section, thence West 466 feet along the South line of Section 8 Township 88 Range 13, thence North 466 feet, thence East 466 feet to the East line of said Section 8, thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20, thence Westerly along said centerline to its intersection with the centerline of West 4th Street, thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Area 1: That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; Page 130 of 327 thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34' 50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence N0°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. Area 4: That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And except the following area removed from the Amendment No. 1 area by Amendment No. 5 (2019): All that part of the above described Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter (NW 1/4) of Section 10, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Page 131 of 327 Southerly extension of the Western -most line of Lot 1, Anderson's Addition; thence Northerly along said Western -most line of Lot 1, Anderson's Addition and the extension thereof, to the South line of Lot 1, Anderson's 1st Addition; thence Westerly along the South line of Lot 1, Anderson's 1st Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North along the West right of way line of Mirage Ridge to the South line of Lot 1, Anderson's Fifth Addition; thence Westerly along the South line of Lot 1, Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof, to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. And, That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest comer of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'50"W 50.00' from the Southwest comer of Lot 3 of Tower Park No. 5; thence N0°26' 00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Page 132 of 327 Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way lien to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. And, That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And, That part of the Southeast 1/4 of the Northeast 1/4 of Section 10, T88 R13, lying Southerly of the centerline of US Highway 20, except the North 422 feet of the South 678.5 feet of the East 218.4 feet of said Southeast 1/4 of the Northeast 1/4, and except Parcel A, being part of the Northeast 1/4 of Section 10, T88R13, pursuant to survey filed May 24, 2016 as Document No. 2016-019901, and except Tract B of said Southeast 1/4 of the Northeast 1/4, recorded as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office. Amendment No. 5 area (2019) (Amendment No. 5 Subarea) Beginning at the intersection of the centerlines of West San Marnan Drive and Johnathan Street, thence Northerly along an extension of the centerline of Johnathan Street to the Northerly right-of-way line of West San Marnan Drive as presently established, thence Easterly along the present Northerly right-of-way line of West San Marnan Drive to the centerline of Pheasant Lane, thence Northerly along the centerline of Pheasant Lane to the centerline of Brookeridge Drive, thence Easterly along the centerline of Brookeridge Drive to the centerline of Kimball Avenue, thence Southerly along the centerline of Kimball Avenue to its intersection with the Easterly extension of the North line of Lot 5 of Tower Park, thence Westerly along the Easterly extension of the North line of Lot 5 and the North line of Lot 5 of Tower Park to the Northwesterly corner of said Lot 5, thence Southwesterly along the Northwesterly line of said Lot 5 to the Southwesterly comer of Said Lot 5, thence Northwesterly, Westerly and Northerly along the Southerly and Westerly lines of Lot 4 of Tower Park to the Northwest comer of said Lot 4, thence Westerly to the Northeast corner of Lot 3 of Tower Park, thence N00°24'22"W 6.98 feet along an extension of the East line of said Lot 3, thence N89°38'05"W 401.08 feet, thence N00°56' 12"E 17.02 feet, thence N89°03'48"W 258.97 feet, thence S00°26' 14"W 20 feet to the Northwest corner of Lot 2 of Tower Park, thence due West to the centerline of Johnathan Street, thence Northerly along the centerline of Johnathan Street to its intersection with the centerline of West San Marnan Drive and the Point of Beginning. And, Lot 1 of Anderson's Eighth Addition. Page 133 of 327 Attachment C City of Waterloo Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,383 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross bonding Capacity $ 83,241,358 56.68% of legal limit Page 134 of 327 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) Attachment D - San Marnan Amendment No. 5 (2019) Project Proposals Proposed Budgets Future or Anticipated Acquisition $8,000,000 Future or Anticiapted Demolition $500,000 Site Improvements, platting $750,000 Sanitary Sewer, water, road, RISE match $8,000,000 Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area $800,000 Miscellaneous (certification, environmental) $300,000 WW Grainger Rebates $1,200,000 JJB Fin. Res. Adv. Tax Rebates $222,932 Cardinal 10,000 sq. ft. (Vets) Tax Rebates $468,866 Cardinal Medical PHP Tax Rebates $240,000 Hope Martin Anderson Tax Rebates $120,000 MFG LLC Tax Rebates $282,838 MBAK Kimball Beecher Tax Rebates $336,278 VGM - tax rebates grant $2,100,000 $700,000 New medical prospect - rebates $400,000 Taylor - rebates $450,000 Green Acres - rebates $504,000 Vandersee - rebates $50,000 Total $25,424,914 Page 135 of 327 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate by staff utilized. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 136 of 327 ATTACHMENT "F" CITY OF WATERLOO, IOWA RELOCATION CHECK LIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo Relocation Agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, displaces may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of your claim application, the Director will appoint a review board and notify you when and where a hearing will be held. The review board will recommend a decision on your claim to the City of Waterloo. The Relocation Agent will notify you in writing of the City of Waterloo's decision within one (1) week. Page 137 of 327 ATTACHMENT "G" A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 5 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Comprehensive Plan for this area, NOW THEREFORE, BE IT RESOLVED that the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 5 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2019. ATTEST: Aric Schroeder, Secretary CERTIFICATE Virginia Wilber, Chairperson We, Virginia Wilber, Chairperson and Aric Schroeder, Secretary, of the Planning Programming & Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming & Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. Virginia Wilber, Chairperson Aric Schroeder, Secretary Page 138 of 327 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 139 of 327 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING Page 140 of 327 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING Page 141 of 327 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING Page 142 of 327 Mayor QUENTIN HART COUNCIL MEMBERS ••••••••••••••••••• MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PAT MORRISSEY Ward 3 JEROME AMOS Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: May 23, 2019 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendment 5 to the San Marnan Area Urban Renewal Planning staff is proposing to amend the San Marnan Urban Renewal and Redevelopment Plan and TIF District by removing an area from the existing TIF boundary, and by adding to areas into the TIF boundary. The areas being removed are the "front yards" of the lots in Sunnyside Addition, and are being removed to avoid the lots from being split and part in and part out of the TIF. The areas being added include 1) the area generally located between San Marnan Drive and Brookeridge Drive, and between Pheasant Lane and Kimball Avenue, and 2) the Southeast corner of Kimball Avenue and E. Tower Park Drive. This would appear to be the best model to accomplish economic development of this area. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. Attached are a series of maps that detail the proposed changes to the San Marnan Urban Renewal and Redevelopment Plan TIF District (Amendment 5). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 143 of 327 II II'jlil lIImlolrypMlill maw �Il�uu�pl� ���Nrl looloomiol y lul I',„� III a1 ';n!mNu�,llllllllllll.11l�l ^M!,anNMl'InN�'i"M Ay, IIegwI „„, ml r'II41,,, °1f .11441 o IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII yBnoaogsud "191IpVl;lp` .,�Y; �;;;i(ili, II'lplullll;�I�'p,ul,,��Ijwgi; l!�+I01,1",07;'I! dw �III� MiliNn�IIIIIIIIIRp �u...m I� IIIIIII� , , l'.. Y' Nll4'':NNdIV'llli''".1,, lip Q�� �IIIIVW uuuuuiw ulumul�aa ' .d11^� II�� II I �• lllll�l; ;, �. 111171”, . ',i uN N� u... � � ����., � I �II M I� Nllp �mMi,nWl,1I11,11 ll, i IIII II. tNq „I'if i41001 Z� IIi • co d CI c 0 Cl). 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PeieO 111 1—. ca d L Q i ca a 'Ead E a 0 d d 0 ca L co G i ca cn Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1999) (Original Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017) and as modified by Amendment No. 5 (2019)) Beginning at the intersection of the centerlines of W. 4' Street and West San Marnan Drive, thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive, thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition, thence South 45°26' 14" East a distance of 173.84 feet, to a point on the Southwesterly line of Lot 1 Tower Park Addition, thence following said line of Lot 1 57.3 feet along a 64 foot radius curve, thence South 45°26' 14" East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14" East to the most Southerly comer of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an Page 148 of 327 extension thereof to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20, thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13, thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section, thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section, thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section, thence West 466 feet along the South line of Section 8 Township 88 Range 13, thence North 466 feet, thence East 466 feet to the East line of said Section 8, thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20, thence Westerly along said centerline to its intersection with the centerline of West 4th Street, thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Area 1: That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence 589°40'05"W 49.00'; Page 149 of 327 thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence N0°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. Area 4: That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And except the following area removed from the Amendment No. 1 area by Amendment No. 5 (2019): All that part of the above described Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. Amendment No. 2 area (2015) (Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter (NW 1/4) of Section 10, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Page 150 of 327 Southerly extension of the Western -most line of Lot 1, Anderson's Addition; thence Northerly along said Western -most line of Lot 1, Anderson's Addition and the extension thereof, to the South line of Lot 1, Anderson's 1st Addition; thence Westerly along the South line of Lot 1, Anderson's 1st Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North along the West right of way line of Mirage Ridge to the South line of Lot 1, Anderson's Fifth Addition; thence Westerly along the South line of Lot 1, Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof, to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Amendment No. 4 area (2017) (Amendment No. 4 Subarea) That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. And, That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest comer of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest comer of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence N0°26' 00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Page 151 of 327 Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way lien to the centerline of West San Maman Drive; thence Westerly along said centerline of West San Maman Drive to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. And, That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And, That part of the Southeast 1/4 of the Northeast 1/4 of Section 10, T88 R13, lying Southerly of the centerline of US Highway 20, except the North 422 feet of the South 678.5 feet of the East 218.4 feet of said Southeast 1/4 of the Northeast 1/4, and except Parcel A, being part of the Northeast 1/4 of Section 10, T88R13, pursuant to survey filed May 24, 2016 as Document No. 2016-019901, and except Tract B of said Southeast 1/4 of the Northeast 1/4, recorded as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office. Amendment No. 5 area (2019) (Amendment No. 5 Subarea) Beginning at the intersection of the centerlines of West San Marnan Drive and Johnathan Street, thence Northerly along an extension of the centerline of Johnathan Street to the Northerly right-of-way line of West San Marnan Drive as presently established, thence Easterly along the present Northerly right-of-way line of West San Marnan Drive to the centerline of Pheasant Lane, thence Northerly along the centerline of Pheasant Lane to the centerline of Brookeridge Drive, thence Easterly along the centerline of Brookeridge Drive to the centerline of Kimball Avenue, thence Southerly along the centerline of Kimball Avenue to its intersection with the Easterly extension of the North line of Lot 5 of Tower Park, thence Westerly along the Easterly extension of the North line of Lot 5 and the North line of Lot 5 of Tower Park to the Northwesterly comer of said Lot 5, thence Southwesterly along the Northwesterly line of said Lot 5 to the Southwesterly comer of Said Lot 5, thence Northwesterly, Westerly and Northerly along the Southerly and Westerly lines of Lot 4 of Tower Park to the Northwest corner of said Lot 4, thence Westerly to the Northeast corner of Lot 3 of Tower Park, thence N00°24'22"W 6.98 feet along an extension of the East line of said Lot 3, thence N89°38'05"W 401.08 feet, thence N00°56' 12"E 17.02 feet, thence N89°03'48"W 258.97 feet, thence S00°26' 14"W 20 feet to the Northwest corner of Lot 2 of Tower Park, thence due West to the centerline of Johnathan Street, thence Northerly along the centerline of Johnathan Street to its intersection with the centerline of West San Marnan Drive and the Point of Beginning. And, Lot 1 of Anderson's Eighth Addition. Page 152 of 327 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 17, 2019 for the sale and conveyance of City owned property in the amount of $1.00 (two lots southeast of 55 Franklin Street), authorizing acquisition of the S alvatio n Army building located at 415 E. 7th Street in the amount of $200,000, with a property exchange agreement, and directing the City Clerk to publish notice. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department Reviewer Action Date Planning & '' m` m viii: g Schroeder, . i s Approved ,,,,, 11:06 AM Clerk office Even, I.,c An roved 5/29/2019 ....., 11 :28 AM ATTACHMENTS: Description Properly 11,:xch.c nge . m X1:1 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Cover Resolution setting date of public hearing as June 17, 2019 for the sale and conveyance of City owned property in the amount of $1.00 (two lots southeast of 55 Franklin Street), authorizing acquisition of the S alvatio n Army building located at 415 E. 7th Street in the amount of $200,000, with a property exchange agreement, and directing the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approve the Property Exchange Agreement The City of Waterloo is working to help strengthen its partnership with the S alvatio n Army for all the good and helpful purposes and uses it brings to the community. This exchange agreement will help the S alvatio n Army expand its campus abilities on Franklin Street, and also provide the City of Waterloo Police Department nearby and proper storage capabilities. $200,000 plus up to $10,000 in closing and attorney costs Bond funds for vehicle and impound storage Public Safety Infill Development Land Use Alternative: Not approve The City of Waterloo acquired the two lots abutting the S alvatio n Army campus through the 657A process and eliminating blight along the Franklin Street corridor. Page 153 of 327 Background Information: The Salvation Army has decided it does not need to operate the site at East 7th Street, so is offering it up for sale. The site is located near the Government District on the Downtown Master Plan land use layout, so the acquisition of the site will help for ongoing storage operations of the City of Waterloo. The site is currently assessed at $229,010. The City is agreeing to acquire for $200,000. The two lots are currently assessed at $2,990. The lots had been looked at for potential infill development of some small office buildings, so the City is losing future tax revenue through the conveyance. The transfer of the properties will work to help both organizations with their ongoing goals o f helping the community. Legal Descriptions: Attached as exhibits A and B in agreement. Page 154 of 327 PROPERTY EXCHANGE AGREEMENT This Property Exchange Agreement (the "Agreement") is made and entered into as of 2019 by and between The Salvation Army ("SA") and the City of Waterloo, Iowa ("City"). RECITALS A. SA is the owner of certain real property located within the City of Waterloo, locally known as 415 E.th Street, which City desires to acquire 'or redevelopment or municipal use (the "SA Property"), which is legally described ed a set forth on Exhibit "A" attached hereto. B. City is the owner of certain real property which SA desires to acquire for redevelopment (the "City Property"), locally known as parcel nos. 8913-23-429- 011, 913-2 -429-- o11, 8913-23-429-022 and 8913-23-429-023, which is legally described as set forth on Exhibit "B" attached hereto. C. Each party desires to exchange its respective property with the other party on the terms set forth in this Agreement. D. City believes that the property exchange is in the public interest and is reasonably expected to accomplish a public purpose. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein between the parties and for other consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Possession and Closing. If each party timely performs all obligations set forth in this Agreement, it shall receive possession of the other party's property at Closing. The purchase price for the City Property shall be $1.00, and the purchase price for the SA Property shall be $200,000.00. "Closing" shall occur at the earliest practicable date within sixty days after approval of this Agreement by the Waterloo City Council, but in any event after the approval of title to the SA Property by City, approval of title to the City Property by SA, and satisfaction or waiver of contingencies, if any. At Closing, each party deliver to the other party the full purchase price for the property to be acquired hereunder, and each party shall convey fee simple title of its respective property to the other party by special warranty deed, free and clear of all liens, claims, and encumbrances except (a) easements, conditions, and restrictions of record; (b) general utility and right-of-way easements serving the respective property; and (c) restrictions imposed by local zoning ordinances and other applicable law. Each party shall, at its own expense, deliver to the other an abstract of title for its respective property, updated to a date within sixty days of Closing. The abstract shall show marketable title in City or SA, as appropriate, in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The conveying party shall make every reasonable effort to promptly perfect title. If Closing is Page 155 of 327 delayed due to either party's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' wri 4. Representations and Warranties of City. City hereby makes the following representations and warranties with respect to itself and the City Property. Said representations and warranties are true and correct in all material respects on the at of the Agreement and shall be true and correct in all material respects as of Closing. A. There are no actions, lawsuits, judgments, liens, suits, claims, investigations or other proceedings pending or threatened against City or the City Property which relate to City's ownership, maintenance, or operation of the City Property or right in any way affect the City Property or this transaction. B. There are no claims, disputes, actions, or proceedings existing against or affecting the City Property that relate to environmental laws or permits, City has not received notice of any actual or alleged violation of environ ental laws or pe -mits affecting the City Property, and there are no hazardous substances on the City Property. City is not subject to and is not currently operating under any compliance or consent order, schedule, decree, or agreement issued or entered into under any environmental law. C. City has provided to SA. a copy of all environmental reports, surveys or studies in its possession in respect of the City Property, if any. D. There are no general property taxes or special assessments presently due or payable in respect of the City Property. E. Following approval of this Agreement by the City Council, City shall have the right, power and authority to enter into this Agreement and to perform the terms of this Agreement. F. Following approval of this Agreement by the City Council, the execution, delivery and performance of this Agreement and the Closing will not conflict with any provision oflaw applicable to City nor result in any breach of any provision of or constitute a default under the agreement or instrument to which City is a party and which would affect the marketability of title or SA's use of the City Property. G. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 5. Indemnity. To the extent permitted by applicable law, SA and City hereby agree to indemnify and hold each other harmless from and against and any all claims, demands, liabilities, losses, damages, fines, fees, penalties, costs and expenses, including but not limited to reasonable attorney's fees, by reason of the indemnifying parties' breach of any representation or warranty set forth in either Section 3 or Section 4 above, as applicable, or in Section 7 below. 6. Real Estate Taxes and Assessments — City Property. There are no property taxes or special assessments payable in respect of the City Property. SA shall pay all real estate taxes and special assessments that become payable in respect of the City Property after Closing. 3 Page 157 of 327 7. Real Estate Taxes and Assessments — SA Property. SA is an entity exempt from taxation and there are no property taxes or special assessments payable in respect of the SA Property. In addition, all charges for solid waste removal, sewage, maintenance and other assessments that are attributable to SA's possession, including those for which assessments arise after Closing, shall be paid by SA. . Transfer Tax. At Closing, SA shall pay the real estate transfer tax payable in connection with the transfer of the SA Property to the City, if any. No real estate transfer tax is payable under Iowa law in connection with transfer of the City Property to SA. 9. Risk of Loss and Insurance. SA shall bear the risk of loss or damage to the SA Property prior to Closing, and City shall bear the risk of loss or damage to the City Property prior to Closing. Each party shall insure its respective property in the manner and to the extent it deems fit. 10. Environmental Matters. Each party shall provide to the other at Closing a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the property of the conveying party unless disclosed here: within 30 days after the date of this Agreement, either party may obtain, at its sole cost and expense, a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the property to be conveyed to it by the other party. The owner shall cooperate in providing reasonable access to the other party's inspectors and engineers. In the event any hazardous materials, substances, conditions or wastes are discovered on the property, and if the owner is required to expend any sum in excess of $500 to remove any hazardous materials, substances, conditions or wastes, the owner shall have the option to cancel this transaction and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by the property owner, subject to said owner's right to cancel this transaction as provided in this Section. 11. Default. If either party shall default prior to the Closing in any of its respective obligations under this Agreement, the other party, by notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall be not less than fourteen (14) days after the giving of such notice), may terminate this Agreement, and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. Each party shall also be entitled to exercise any other right or remedy available under applicable law, and the prevailing pai-ty shall also be entitled to obtain judgment for its costs and reasonable attorneys' fees. 12. Costs and Expenses. Unless specifically provided to the contrary in this Agreement, each party shall bear all cost and expense of any type or nature whatsoever resulting 4 Page 158 of 327 from or arising in connection with any action that is necessary or expedient for such party to perform its duties as provided in this Agreement, and neither party shall have any claim or right of reimbursement or setoff against the other for any such cost or expense. 13. Cooperation. Each party agrees to cooperate in good faith with the other party in connection with the performance of the other party's obligations hereunder or matters otherwise contemplated hereby. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, ment, or any other relationship between the City and SA nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Vices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight delivery service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copy to Community Planning and Development Director. (b) if to SA, at 89 Franklin Street, Waterloo, Iowa 50703, Attn: 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 registered or certified mail, postage prepaid. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to he severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 5 Page 159 of 327 1 . Survival. Each of the terms of this Agreement shall survive the Closing. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, a they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement t or of any provisions hereof 20. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed l a original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This A reer e t, together with the exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the s bj ect matter hereof. 23. Time of Essence. Time is of'the essence of this Agreement. II WITNESS WHEREOF, the parties have executed this Property Exchange Agreement by their duly authorized officers as of the date first written above. THE SALVATION ARMY CITY F WATERLOO, IOWA By: By: Quentin Hart, Mayor Title: 6 Attest: Kelley Felchle, City Clerk Page 160 of 327 EXHIBIT "A" Legal Description of SA Property ORIGINAL PLAT WATERLOO EAST ALL LOTS 1 AND 4 BLK 41 EXC COM AT A PT ON E LINE LOT 1 41 FT SE OF MOST NLY COR TH SW 120.25 FT TO A PT ON SW LINE LOT 4 30 FT SE OF MOST WLY COR LOT 4 TH 30 FT NW TO MOST WLY COR SAID LOT TH 120 FT NE TO MOST NLY COR LOT 1 TH SE 41 FT TO BEG SE 120 FT LOT 5 BLK 41 SE 120 FT LOT 8 BLK 41 SE 120 FT LOT 9 BLK 41. Page 161 of 327 EXHIBIT "B" Legal Description of City Property AUDITOR RAINBOWS REPLAT LOT 18 (parcel 8913-23-429-022) and AUDITOR RAINBOWS REPLAT ALL LOT 14 IXC N 126 1/2 FT LOT 24 (parcel 8913-23-429-023) and AUDITOR RAINBOWS REPLAT 111 32 FT N 155 PTL T 13 (parcel 8913-23-429-011) Page 162 of 327 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 6/3/2019 Prepared: REVIEWERS: Department Reviewer Action Date t gi r ee ri ..g I .gig . y Approve ATTACHMENTS: Description it onds for coin , mI approval. 6.3. 9 SUBJECT: Bonds. Type is ac k: u JII. :t Page 163 of 327 BONDS FOR COUNCIL APPROVAL June 3, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900473866 BEARD & VAN HEIDEN CONTRACTING, LLC GRUNDY CENTER, IA 7901008422 BEN NEUMAN WATERLOO, IA 7900386224 BOULDER CONTRACTING GRUNDY CENTER, IA 7900414955 ENVISION CONCRETE & LANDSCAPE CONSTRUCTION LLC WATERLOO, IA IA5163970 KAYSER PLUMBING & HEATING INC. dba KAYSER PLUMBING & HEATING WATERLOO, IA 7900322198 MICHAEL JAMES WAVERLY, IA 2180297 MIKE DOLAN CONCRETE & MASONRY, INC. WATERLOO, IA 95BA H808 6 NERMIN OKANOVIC dba AMERICAN BOSNIAN MASONRY WATERLOO, IA 3401902 SEASONAL SOLUTIONS LLC DENVER, IA Page 164 of 327 CITY OF WATERLOO Council Communication Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District for the construction of 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. City Council Meeting: 6/3/2019 Prepared: 5/20/2019 REVIEWERS: Department P laming & Clerk Office ATTACHMENTS: Description Staff Report: ▪ Overview Map o Aerial Ma I S it e .Pi m ▪ .\ pp �vca.t.oiii.. SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, oed.er, . .ric Even, , 1..(.,'Ann Action pprovc A pip.: owed. Type CoveremII.o Cover Cover C over M efmim.o Date .5/29/20 19 ,,,,,, 0:10 A M: 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 Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an o rd inanc e 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 the DGOGWaterlooia10032018, LLC, (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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the DGOGWaterlooia10032018 (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 Page 165 of 327 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: King Jr. Drive and Idaho Street Intersection. None N/A 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 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 Jr. Drive which is a Minor Arterial and Idaho Street which is a Collector. It will be necessary that a storm water detention plan is submitted, as well as a S W P P P 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. 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 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. 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. Page 166 of 327 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 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 167 of 327 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 168 of 327 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 169 of 327 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 170 of 327 City of Waterloo City Council June 3, 2019 M-2 01000Jili -3 RI R -P 11111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111 111111111111111111 11111111111111111111111111111 11111111111111111 uuuuuul uuuuuuuuuuuu11111111111111uuul uuuuuul uuuuuul 1111111111 1111111 1111111111 1111111111111111111111111111,111111111111111111 111nllllllllllllllllllll� 1111111 111111111111 A-1 11111111111111111111111111111111111111111111 1111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII X111111111111111111111111111 11111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �1111111111111111111111111111�11 I 111111111111111111111111111111101111111111111111111111111111111111I C-1 ..............��IIIIIIIIIIIIIIIIIIIIVP............... 11111111111111111111 M -2,P 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111 111111111111111111111111111111 (1111111111 jiii iii iiliuliuliuli!uliuliuliuliuliuliuligIIuliuliuliuliuliuliuli!uliuliuliuliuliul .,1 C.72 11uvullluule lppl 11 NIIIIIIIIIIIIIIIIIIIII11111111111111111 11111111111111111111111 11uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuul 11111111111""" llllllllllllllllllllllllllllllllllllllllllllllllllimllulllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllf A-1 A-1 A-1 mu III111Illllnlllllllllllllll A A-1 M-1 111111111111111111111111111111111111111111111111I,� (IIIIIIIIIIIII R-3 R-3 C-“"""""2 .. umom11umiiiiiiiiiiiiiiiiiimm111111111111111111 1111111111111111111 C-2 uuuuuuuuuuuuuuuu.uuuuuuuuuuuuuuldluuuuuuuuudlluuuuuuuuuuul 11111111111111111111 1111111111111111111 IIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII (IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII C -Z i "�YWIN4alhNdi011....,,,, 111111111111IIII�� 111111 IHE 1111111111111111111111I111111111111111111111111111111111111111111111111111111111111111111111111II111111111111I VI VI VI I„ „„ IIIIIIIIIIIIIIII VI VI VI VI IIIIVIIIIIIIIIII1I VI VI VI VI 1VIIVIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111 -Z M-1 M-1 alp ��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 171 of 327 City of Waterloo City Council June 3, 2019 or IIIIIIIIIIIII Illi —► " ' 111111 IIIIIIIIIII1 {� SII/ Northeast of MLK Jr. Drive and Idaho Street Site Plan Amendment DGOGWaterlooiaioo32oi8 LLC Page 172 of 327 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 S0 (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 183 of 327 CITY OF WATERLOO Council Communication Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department a.nning Clerk Office ATTACHMENTS: Description ▪ Staff R...eport ▪ Ove _rviev o Aerial Map CI Vacate ..........rea ..pp..icat.on. SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer S eh roe _'fer, A.ric en. 1.. , eA vile. Action Approved A .prove Type Cover Cover Cover c_ m.O Cover ....i() Cover Me�.�, o Date 5/29/2 ,,,,,, 10 :01 AM: 5/29/20 ,,,,,, 1 0:25 M Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an o rd inanc e approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval. Transmitted is a request by DGOGWaterlooial0032018, 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. Page 184 of 327 Expenditure Required: None S ource of Funds: N/A Policy Issue: 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. 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 185 of 327 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 186 of 327 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 C0193F, 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 187 of 327 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 188 of 327 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 189 of 327 "iii Vp'lll��lyl., 'ail �NI�JIV�IV�'�I�91NI�J'iri�;� M'� Ilpi��l'�I III�'il'IN�Oplld'Va°"". IIIIIuIiI�M��� ���q'IM� iYl Request to Vacate approximately 1.47 acres of excess right- of-way at the northeast corner of Idaho Street and MLK Drive WW' u1'�:;N11111 ' 111111111 YVplld,lrlll 110,0I''II' ?pltl ” VIIIJI P I11I111i°I, YNIIII 11111...a Nicholas Street u 1 Itill '!'IY�'Yi'I�g�l vil p�W��JVivl'',ui1;1111"V� 1�,01y;��!'�ti��i�';i lug"��VIV!1"rVn,11„ ,�,. lup0'110�0���; ; ul,ll{rly�l'� lu4' ^II��m'� �m �u �° ul �i�,mlo lul�lurl IUVIIIJ IVIV 4 um �����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 v" 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 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 191 of 327 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: ,k) POPP. Phone No.21, General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): H'e 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 192 of 327 CITY OF WATERLOO Council Communication Development and Minimum Assessment Agreement authorizing the sale and conveyance of property to S F N Real Estate, LLC, in the amount of $1.00, for the development of two data centers generally located southeast of 1414 Commercial Street. City Council Meeting: 6/3/2019 Prepared: 5/22/2019 REVIEWERS: Department Planning & Clerk Office ice ATTACHMENTS: Description 11)eveopr en 1 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Reviewer Schroeder, . .ric Even, 1..(.,'Ann Action pprovc Approved Type Backup era Date 5/29r 01 v 9:4..6 A M: .5/29/20 ,,,,,, 0:35 A M: 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 authorizing the sale and conveyance of a portion of City owned property to S F N Real Estate, LLC, in the amount of $1.00, generally located southeast of 1414 Commercial Street, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with S FN Real Estate, LLC for the construction of two data centers, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City recently acquired the properties located on lots 1 & 2 of Anthony Baker's Addition and are working towards demolishing the homes located on the lots. The minimum assessed value for the data centers is $200,000. $6,000 (for Broker fee) Rath Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Not sell Lots 1 & 2 , Block 58, Anthony Baker's Addition, City of Waterloo, Iowa. Page 193 of 327 Preparer Information: Christ° s her S. Wendland Po Box 596 Waterloo Iowa 50704 319 234-5701 Name Address city Phone Return to Preparer. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2019, by and between SFN Real Estate, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Rath Urban Renewal Plan area at 1426-1430 Commercial Street, and legally described on Exhibit "A attached hereto (the "Property"). C. City believes that development of the Project (as defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the projects have been or will be undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the PropertyPropedy to Company for the sum of $1,00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and restrictions Page 194 of 327 DEVELOPMENT AGREEMENT Page 2 imposed by City zoning ordinances and other applicable law. Conveyance shalt occur within sixty (60) days after approval of this Agreement by the Waterloo City Council, on a date mutually acceptable to the parties. No less than fourteen (14) days prior to the anticipated date of conveyance, City will provide for update whatever abstracts of title it has in its possession, if any, or in lieu thereof Company may have a new abstract created or obtain whatever form of title evidence it desires. Alt abstracting and title work shall be at the sole expense of Company. City shall provide any title documents it has in itsp o session, including any abstracts, to assist in title preparation. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 2. Improvementsbv Company. Company shalt construct upon the Property at its own expense no less than two (2) buildings for the housing of telecommunication equipment and make related landscaping improvements to the building and grounds collectively, the "Improvements"). The improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes ascontemplated by this Agreement are p y collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that the conditions set forth in this Section 3 constitute Company's commitment to undertake the Project and to construct the Improvements in a timely manner, that such conditions are therefore a l material inducement for the City to convey the Property to Company, and that without said commitment City would not do so. Company must obtain a building permit and begin construction of the first building within six (6) months after the date of this Agreement and begin construction of the second building within sixty (60) days after the first building reaches capacity. Each such date is a ;`Required Start Date". Company must complete construction of the first building within twelve (12) months after the Required Start Date, and Company must complete construction of the second building within twelve months after it commences construction on the second building. Each such completion date is a "Building Completion Date". 4. Possibility of Reverter. If Company has not, in good faith, begun the constructionpby of the Improvements a Required Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Required Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said p a extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company mayconveythe Property to City by special warranty deed, free and clear of pp Liens (defined below), and thereupon neither party shall have any further obligation Page 195 of 327 DEVELOPMENT GREE 1 T Page 3 under thisreement except as expressly stated, provided that Company shall 9 indemnify and hold harmless City as set forth in Section 8. If development has commencedy Required a uired Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Building Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. The provisions of this p Section shall apply to the entire Property as to the Required Start Date and the Building Completion Date for both buildings. 5. Reverter of Title. In the event of any reverter of title, Company agrees that it shall at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage, tax or encumbrance (collectively, "Liens" arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property arising by or through Company. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within sixty (60) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limitedurp ose Company does hereby constitute and appoint City as its attorney-in-fact. 6. Additional Cif Assistance. The incentives described in the following subsections of this Section 6 are in addition to the other Project incentives extended y City to Company hereunder. A. Demolition. City will demolish all structures on the Property and shall remove all debris, leaving a relatively level site. City's work shalt be completed no later than April 30, 2019. B. Broker Fee. City will pay the real estate broker fee. Half will be p ground able when is broken for the first building, and the second half wilt be paid fourteen days after Company receives a certificate of occupancy for the first building. C. Partial Tax Exemption. Because the Property is located in a i nated Consolidated Urban Revitalization Area (CUBA, the Property g is eligible for taxexemption consistent with and to the extent provided for in lowa g law, provided that Company meets all requirements to qualify for such exemption. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all Page 196 of 327 DEVELOPMENT Page other charges whatsoever levied upon or assessed or placed against the Property after ownership the date of Company's of the Property. company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the _ . 1 ation for the Property, which shall be fixed for assessment purposes, below taxable valuation the amount of $200,000 (the "Minimum Actual Value"), through: (1) willful destruction of the Property, the Improvement, or any part of either; (ii)a request to the assessor of Black Hawk County; or (iii)any p 9 roceedin , whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. P � 9 8. !jideiflnity. Company further agrees that it shall indemnify City and hold it harmless with respect to anydemand, claim, cause of action, damage, or injury made, or incurred as a result of or in connection with the Project, Company's failure suffered, to carry on or complete same, or any lien, claim, charge, or encumbrance on or against rt oftype or nature whatsoever that attaches to the Property by virtue of the Property anyyp . } ownershipof same, except to the extent any such demand, claim, cause of Company's p action, damage, damn a, inJu , Hen, claim, charge or encumbrance results from an act or � omissionthe City,its employees or agents. If City files suit to enforce the terms of by thisAgreement prevails and in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 9. No Encumbrances; Limited ...Exception. Until substantial completion of theCompany agrees Project,a rees that it shall not create, incur, or suffer to exist any lien, ranc mortgage,interest, or charge on the Property, other than such encumbrance, security mortgageor mortgages as may be reasonably necessary to finance Company's un9 der akin of the Project and of which Company notifies City in advance of Company's execution of any such mortgage. 10. Water and sewer; Utilities. Company will be responsible, at its own expense, for extending water, sewer, telephone, telecommunications, electricity, gas and utilities.�l�.ties services from their current location to any location on the Property and for payment of any associated connection fees. 11. Representations and Warrintis ofSAy. City hereby represents and warrants as follows: Page 197 of 327 DEVELOPMENT AGREEMENT Page A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties L C . Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, p restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this9 reement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 13. No Assignment or Co v an e. Company agrees that it will not or otherwise transfer its interest in the Property prior to substantial sell, convey, assign tialm completionImprovements, of l rovements, whether in whole or in part, to any other person or entity without theP rior written consent of City, which consent will not be unreasonably withheld or delayed. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materialiiy of Company's Promises, Covenants, RepresentationRepresentationa, and Warrant. Each and every promise, covenant, representation, and warrantyset forth in this Agreement on the part of Company to be re p r performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement and to extend to Company the development incentives provided for herein. Company acknowledges that without such promises, covenants, a re resentations and warranties, City would not have entered this Agreement and representations, extended such incentives. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option in addition to anyother right or remedy available to it, terminate this Agreement and and 9 declare it null and void. Page 198 of 327 DEVELOPMENT AGREEMENT Page 6 10. 01311gations Co 1jq nt. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by city hereunder within said 180 -day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in ood faith withreasonable request by City to effectuate the restoration of 9 any same, or failing such restoration Company agrees to be liable for same or for the fair value thereof. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage a pre aid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director, (b) if to Company, to SFN Real Estate, LLC, 320 E. Liberty Street, Mankato, Minnesota 56001, Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or(iv)when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 17. No Joint venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationshipbetween the City and Company nor to create any liability for one F party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or o any effect unless made in writing,signed si ned by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by anotherparty shall not affect or impair any rights arising from any subsequent default. Page 199 of 327 DEVELO MENT AGREEMENT Page 7 19. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is i tended to be severable. If any portion of this Agreement shall be deemed invalid or u enforceable, whether in whole or in part, the offending provision or part thereof shall he deemed severed fro this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this agree t is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such rovision or portion thereof shall be deemed to be written, and shall be construed and e forced, as so limited. 20. Captions. All captions, headings, or titles in the paragrap s or sections of this Agreement are inserted o ly as a matter of co venience andior reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 21. Binding Effect. This Agreement shall be binding a d shall inure to the benefit of the pates and their respective successors, assigns, and legal representatives. 22. Counterparts. This Agreement may be exec ted in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23. Entire Agreement This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, 10WA By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk „las SFN REAL ESTATE, LIC anke, President Page 200 of 327 DEVELOPMENT AGREE N " Page Page 201 of 327 EXHIBIT " " Legal Description of Property Lots 1 and 2, Block 58, Anthony Baker's Addition, City of Waterloo, Iowa. Page 202 of 327 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT Ef T This Minimum Assessment Agreement (the "Agreement") is entered into as of 2019, by and among the CITY OF WATERLOO, IOWA ("City"), SFN Real Estate, LLC ("Company"), and the COUNTY T ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: ESSET : WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area "Project" within the City and within the Rath Urban Renewal Plan Area; and WHEREAS, pursuant to lowa Code § 403.0, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, E, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the improvements by the Company,the minimum actual taxable value which shall be fixed for assessment for the land and Improvement to be constructed thereon by the Company as purposes a p art of the Project shall not be less than $200,000 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2021. 2. The Minimum Actual Value herein established shalt be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, herein shall be deemed to waive the Company's rights under lowa Code 203'l. Nothing 03.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. in no event, Page 203 of 327 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, mollifying the terms of the Development Agreement. 5, This Agreement shall inure to the benefit of and be binding upo the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA SFN R AL ESTATE, LLC By: Quentin M. Hart, Mayor Kelley Fetchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ss. By: Jason Hanke, President On this day of 2019, oefore me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seat affixed to the foregoing instru ent is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF -10W ) ss. Notary Public Page 204 of 327 10, COUNTY OF gi Km Subscribed and sworn to before me o Hanke as President of SFN Real Estate, LLC. WILK ONSIONS IssIon 1 2019 by Jason Page 205 of 327 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements ents to be constructed and the market value assigned to the land upon which the improver ents are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Hundred Thousand Dollars ($200,000) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA COUNTY TY F BLACK HAWK) ) ss. Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2019 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 206 of 327 CITY OF WATERLOO Council Communication 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. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department w N. an n m.ng Clerk Office ce ATTACHMENTS: Description (.., uncil Packet SUBJECT: Submitted by: Recommended Action: Reviewer SC ..:roe _'fel, A ris ve v I..,c. vile. Action Approaved. Approve Type Cover Date 5/29/2 ,,,,,, 9:53 A 5/29/20 ,,,,,, 10:22 AM 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. Motion to receive, file, consider, and pass for the first time an o rd inanc e amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of certain property, located northwest of 4455 Remington Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is 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. 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. Page 207 of 327 Summary Statement: 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, 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, Programming 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 208 of 327 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. PgDge26fg of 327 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 �S1',�,W'YIYiY�N a 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 211 of 327 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 212 of 327 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 16 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... 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Page 213 of 327 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 214 of 327 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 215 of 327 CITY OF WATERLOO Council Communication Request by MMS Consultants, Inc., 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. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department Reviewer Action Date P lanning & ling Schroeder, Aric ApproVC 5/29r 01 9:5" AM 5/29/201 9 ,,,,,, 1 0:2 AM Clerk � �,. � ��ce Even, �:.��.��.�I:� .�pi��: ove��:„,,,� ATTACHMENTS: Description :::ibis.. CI Overview Aerial Mar ▪ JPr ffic Options distances . ▪ anitary ew r CI Water CI Water o ,....Legal _ escJII'"Jll n.. Dc„, criptit m.. CI P mctures v ▪ .\.pp scat m SUBJECT: Type Coven no Cove'. f.O Cover ove m: ..0 C over (,..,OVCS. Cover ,,...,over it o ..,ovcmµ m.c� 1C/ overarm Covera: ,,..,over Merno 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 Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an o rd inanc e 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 MMS Consultants, Inc., 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. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Page 216 of 327 Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Director Approval Transmitted herewith is a request by MMS Consultants, Inc., 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. 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 Page 217 of 327 Background Information: office space that is nicer quality building than typical warehouse type office 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 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 turn east on Newell Street. A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL Page 218 of 327 Legal Descriptions: MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Comer of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S 21 ° 11' 3 8" E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S 17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most comer of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most comer thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59' 13"W, along said Northerly Line, 200.00 feet; Thence S 30°00'47" W, along said Northerly Line, 15.00 feet; Thence N59°59' 13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S36°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S 61°11'41"W; Thence S 54°48'37" W, along said Northerly Line, 137.26 feet; Thence S 64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Comer of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Comer thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37' 11 "E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 219 of 327 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 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 221 of 327 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 222 of 327 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 223 of 327 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 224 of 327 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 II II II II II II II II. II II II II II II II .111111111ln II II II II II II II.II II II II II II.II II II II II II II II Inn II II II II II II I.11,111Ill Il..1111111III.I I.I1111111Ill II II II II II II II II II II II II II II II II II II II II II II II II II II II II II 1,11,1 II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II w c w C z w I- Q Ja_ U U C-1 n II II II II II II II II II II II II II II II II II II II II II II II II II II II II I k M -2,P R-2 C- P R-3, R -P R-3 R-2 A /P` NORTHFAY DR J 0 R-3 M-1 1. w 'z A-1 I II II II II II II II II II II II II II II II II II II A-1 M-1 A-1 1,000 500 0 1,000 Feet East of 1994 Newell Street Site Plan Amendment MME Consultants Page 225 of 327 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 riI Illi IppI" "IVR" �^�N'V�w'I, �II^^IIIN7'"m"W,' I "II ���Mryry I II' IIMu �bM'M�MI '^rym�^" V I V' IIII YII„ M�" i�l lmWllli •• a Yi ��v� 1 I Iri lq•�ry��Yj '�,IIII"'Iplt��'iQii "�'i `i��� � "I I�N� yII 1MJI(^�I Iil IIII��1,"�111�1 h�iil�l^yy� ij�'P �11j1��'tiM1 p�'��ill'I �yw N�^, AXI n'i . ry'f�� W "IYa "i" Illdi ld�u�(fr6vA llMm I'YM PNMWOVuMaX�v'rw Iwwmr'Itifi'wlY�w�ul d I��IIv'Iwr �i! 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VIIII IIIIIIIIIIIIIIIIIII� jl�p;,Ilul;ul�h`IVhj" Iu IJI�IIIII'�;i� p4ui;�jl'I�";l;�ll I'II'XPr"'I,N,III!''GI'°1'+N';�I'I�,i'I, �II'I'Ia"�il�, �p����� Muuuu°IoupliimlVljuuluwu IP i'�'',�V, r"N IWI�V IYV�i�111 VIII�I�IVVIi�I . rlll d 11 hI ''fliiillrJllll'ilial III "'iY yl Iq„',q,�'dl!II,;„Ill;�,lllu+ 9Ptlilu;!I'til'Ifl�liljP'�;;I!''yAltlllll�llll uiuxMm�um ���"ii;Y t� 'IIII II���;, �ddi�V'IN,� uuuuulluuuu sol'., I, iiiiii I� . �wwuuWlw �IIYn�'1. "1",11, """4,0';4 600 300 0 600 Feet 111111111111111111111111111 ItiMi i,','wilVllry"N Y!u@"I°'J'plyo East of 1994 Newell Street Site Plan Amendment MME Consultants Page 226 of 327 7�( IIIi�M�V ll�dml��l Po i �i�iliI�II1� 1IIIo01, Y;Y 11111111111111111111111111111111 111 111111100 11111111111111111111101111111;1101; Iuvlr�;i.If4M '"I ii vl'rl +j�91gwNi"ry"�Yi°�II'f11 ),,I, IJ " 14µ171� I II IIID IIIlfllllllllllllll� 1111111 I III111111+I+Illlllllllllll++j'l11. 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WI- 41/14 2141g2°6BEND-6 WM-26 PFROP 8, HP WATEFRMAIN, DIP 8.04' t 16 PROP 90 DEG. COPPER BEND 'IM94195.°2'3' WM-19 2 2 5 PFROP 10', WATERMA21N1,7 42 41 40 3;382307 36 35114 33 28 27 26 25 24 23 {g2 21 11, PRT5t13NCOOCDRP. r • , ItittliMM459°5'f4f5ff -21 RAZR1MDAIN, DIP 'WM-22 PROP 2'' r2T2ER ERV CE COPPER 41,AL•24 HP WA TERPMRACITI , 81D'ICP WM-3 FWRA7FE'RM"A9,51N, DIP 102.83' WM-4 WRAZZA'IN 97.51' D' PROP 45 DEG. BEND - 1652,317..856162 45.74' P R F651-1;50 4 5245624.936 R OWPM 6 20 WATERMAIN, D P 2.26' MA, 58 WM-13 PROP 6, WATERMAIN, DIP 162.35' 5+06162636465666768 WM-16 PROP 6', WATERMAIN, DIP 14.52' PROP 90 DEG. 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 231 of 327 NV, A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence 521°11'38"E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most corner of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most corner thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59'13"W, along said Northerly Line, 200.00 feet; Thence S30°00'47"W, along said Northerly Line, 15.00 feet; Thence N59°59'13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence 536°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S61°11'41 "W; Thence 554°48'37"W, along said Northerly Line, 137.26 feet; Thence S64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Corner of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Corner thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37'11 "E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 232 of 327 A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S21 ° 11'38"E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most corner of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most corner thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59'13"W, along said Northerly Line, 200.00 feet; Thence S30°00'47"W, along said Northerly Line, 15.00 feet; Thence N59°59'13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S36°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S61°11'41 "W; Thence S54°48'37"W, along said Northerly Line, 137.26 feet; Thence S64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Corner of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Corner thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37'11 "E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 233 of 327 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? SI 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 234 of 327 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. II o �II Id I��I Yiiil�llll„� �� Hn� l 1111 1,111111111111111111 1 mil Hu III Ili l II I��Il�lll�i�s�lld'?�I��klalcoa����l�l+� fh� h� VIII ^, I II ji uIIIIIV,l+lB IYllyl(Bi(II Inl;�;1NY���I��1Jfi Looking southwest from Newell Street. lil I�'II IIIIII °I III (IIIIIIII II c,;Y NNrvIK° 0 1I I SII II II VIII I I ��� III �yllp miuuuuum'.'I,'uuuuuuuuul fiy � !!!!!!!!!!!!!!!!!!!!lllilll 11111 IIIIIIIIIIIIIII'; IIIIIIIIII IIiuIIllliiilli lililiiliiiiij�ll N ����Ilollllllllllllllll�l�llllllllllJll�l,��'y�lii�i���lliiii�il ��' IIIIIII����J II i 1111 `il+l o IIII II�,�IIIII III I IIS I�lull�IhI,II�,�I , I�;;;; Ill�llllll�hul.11ll IIIIIIII 1111111 `� IIII 111111111111111uu1 111111111111111111U,I (11'11 lll11,11lpllilll unuuuuugpuuuullllllllllll,, !f�lllolp�lllll�;; � IIIIIIIIII(N�II11,1) IIiI�I 111111111111111 Looking east along Newell. 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 235 of 327 APPLICATION SITE PLAN AMEN DMIN 1i A ir "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 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: PPP 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 236 of 327 CITY OF WATERLOO Council Communication FY 2019 Jefferson and Commercial Streetscape Improvements, Contract No. 976. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department Reviewer Action Date l ;gym ineernmrm. g K n.utson, Jamie Rejected ected.. 5/29/.2 .)1 9: 0..AM E,memgineem.imamg Ross, 1 raciiApprove 5/29/20 9:22 AM v Engineering Knutson, Jamie Approved 5/29/2 . 1 9:29 AM (w: eik: Of lice Even, 1 eAnn Approved � /29/2 1( 9:4 I AM ATTACHMENTS: Description Bid Tab SUBJECT: Submitted by: Expenditure Required: Source of Funds: Type Backup M Materiall. 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, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, City Engineer Page 237 of 327 FY2019 Jefferson and Commercial Streetscape Cont. No. 976 Bid Tab: May 30, 2019 Estimate: $651,528 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, Iowa 5% o $618,959.40 Lodge Construction Clarksville, IA 5% $533.226.60 Minturn, Inc. Brooklyn, IA 5% $619,219.90 Page 238 of 327 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $195,467.40, in conjunction with the Shaulis Road Corridor and Sink Creek Drainage Study, and authorizing the Mayor to execute said document. City Council Meeting: 6/3/2019 Prepared: 5/20/2019 REVIEWERS: Department ngincering Clerk Office ice ATTACHMENTS: Description Shaulis R..oa S SUBJECT: Submitted by: Expenditure Required: Source of Funds: Background Information: Reviewer K fifison, Ja T le Even, 1.. (.,,Ann Action pprovc Approved Type Backup ria_ Date 5/20 .01 541„ P M 5/21 / 01( ,,,,, :50 AM Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $195,467.40, in conjunction with the Shaulis Road Corridor and Sink Creek Drainage Study, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer not to exceed $195,467.40 GO Bonds See Attachment A of the attached Agreement for Scope of Services Page 239 of 327 1111 „ 1111111111.1111....111111111111111 PROFESSIONAL SERVICES AGREEMENT For Shaulis Road Corridor Study & Sink Creek Drainage Study Jamie Knutson, P.E. City Engineer City of Waterloo Engineering Dept. 715 Mulberry St, Waterloo, IA 50703 319-291-4312 Aaron D. Granquist, P.E. Project Manager HR GREEN, INC. 8710 Earhart Lane SW, Cedar Rapids, IA 52404 319-841-4326 HR Green Proj #: 190428 5/28/2019 Version 2.1 02212019 Page 240 of 327 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.1 02212019 Page 241 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 1 of 8 THIS AGREEMENT is between CITY OF WATERLOO (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The project will consist of: • Corridor study of Shaulis Road to include both geometric and operational considerations. • Hydrologic and hydraulic study of Sink Creek upstream and downstream of the Shaulis Road crossing. • The two studies will be inter -related and reference each other. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: See Attachment A 3.0 Deliverables and Schedules Included in this Agreement See Attachment B This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: See Attachment A Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Channel, floodplain, and structure survey provided by sub -Consultant. 6.0 Client Responsibilities • Provide already available traffic data, LIDAR digital terrain model of the existing ground for the project study area, and applicable development site plans • Facilitate discussions with local stakeholders Version2.1 02212019 Page 242 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 2 of 8 • Be available for meetings as listed in Attachment A and help determine preferred alternative. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 OMMITTED 7.6 Payment The CLIENT AGREES to pay COMPANY on the following basis: Per current Rate Schedule with a Not to Exceed fee of $ 195,467.40 See Attachment C for a fee breakdown. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. Version2.1 02212019 Page 243 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 3of8 8.2 Entire Agreement This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. Version2.1 02212019 Page 244 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 4 of 8 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. Version2.1 02212019 Page 245 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 5 of 8 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. Version2.1 02212019 Page 246 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 6of8 COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, Version2.1 02212019 Page 247 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 7of8 abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Intentionally Omitted 8.27 Intentionally Omitted 8.28 Intentionally Omitted 8.29 Intentionally Omitted 8.30 Intentionally Omitted 8.31 Soliciting Employment Neither party to this AGREEMENT will solicit an employee of the other nor hire or make an offer of employment to an employee of the other that is working on this PROJECT, without prior written consent of the other party, during the time this AGREEMENT is in effect. 8.32 Intentionally Omitted 8.33 Intentionally Omitted 8.34 Intentionally Omitted 8.35 Intentionally Omitted 8.36 Intentionally Omitted 8.37 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the Agreement. Services will not begin until COMPANY receives a signed Version2.1 02212019 Page 248 of 327 Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 8of8 agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the Agreement shall be the last date entered below. Sincerely, HR GREEN, INC. Aaron D. G ra n g u i st Approved by: Printed/Typed Na e: Title: cz 1)R.,_Est City of Waterloo, Iowa Accepted by: Printed/Typed Name: Title: Mayor Date: Quentin Hart Date: \\hrgreen.com\HRG\Data\2019\190428\Admin\Contract\Client\PSA-190429-WaterlooShaulisRoadStudy.docx Version2.1 02212019 Page 249 of 327 fill 11111111111111111, "1"""[""","""",""""", C ,u��iiiou10uii011 I� ilii Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 1 of 7 Attachment A — Scope of Services Objective: To provide engineering analysis and conceptual design to determine a preferred alternative that improves the existing and proposed traffic operations for Shaulis Road between Hess Road and US 218. Included in this analysis is hydrologic and hydraulic modeling of Sink Creek, which crosses under Shaulis Road, for a defined distance upstream and downstream. The Scope of Services to be performed by the Consultant shall include the services and supplies to complete the following tasks: PHASE A - CONTRACT MANAGEMENT A.1 Project Administration 1.1 Project Management The Consultant shall prepare and submit monthly email updates (< 1 -page) summarizing overall project status and informing of any unexpected issues. Consultant shall maintain a system for monitoring progress to allow monthly tracking and invoicing. The monthly update shall include a list of requested information from the City with a desired response date noted to avoid delay of the Consultant's services. The Consultant shall submit with each design service invoice a summary of work performed, estimated task completion percentage, contract completion date and actual completion date. 1.2 Monitoring Project Scope and Schedule This task includes the development and tracking of the project plan for the project development. This includes task identification, scheduling, task assignment, relating all tasks to the others, coordination with other members of the project team. The Consultant shall inform the City of any services required which may not be included in the scope of the design services contract approved by the City for this Project. It will be the responsibility of the Consultant to make the City aware of any potential amendments to the contract before the services are rendered. This notice must occur prior to any extra services being performed. Only those services approved by the City are eligible for compensation. If design work is not progressing in a manner to comply with the anticipated completion date, the Consultant shall provide a brief summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. 1.3 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.4 Invoice Preparation and Processing Prepare and review monthly billings for accuracy before submittal to City. Work with City finance representatives to correct any discrepancies. A.2 Project Coordination 2.1 Project Review Meetings The Consultant shall meet with the City to review progress and to discuss specific elements of the project. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite concept development. Prepare minutes of the meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. B-1 Page 250 of 327 fill 11111111111111111, "1"""[""","""",""""", C ,u��iiiou10uii011 I� ilii The following meetings are included with the scope of work: • Kickoff Meeting • Review of Corridor Alternatives • Final Study Review Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page2of7 2.2 City Council Presentations The Consultant will make two (2) presentations to City Council. The first will provide a brief overview of the studies and explain the process near the start of the project. Another presentation will be provided near the end of the contract to describe the alternative evaluation and determination of the preferred option. PHASE B - SHAULIS ROAD TRAFFIC STUDY B.1 Data Collection 1.1 Traffic Data 1. Crash History The Consultant will obtain crash history data for the study intersections from Iowa DOT's crash analysis tool (ICAT). The most recent five -years of available data will be queried (assumed to be 2014 — 2018). The crash data will be reviewed for identifiable trends. 2. Intersection Turning Movement Counts The consultant will collect 24 hour turning movement traffic counts at the following intersection locations: a. E. Shaulis Rd./Texas St. b. E. Shaulis Rd./US Hwy 218 c. E. Shaulis Rd./Dysart Rd. d. E. Shaulis Rd./Isle of Capri Blvd e. E. Shaulis Rd./Lost Island Waterpark Entrance f. E. Shaulis Rd./Hess Rd. g. E. Shaulis Rd./Golf Course Entrance h. E. Shaulis Rd./Hammond Ave. i. E. Shaulis Rd./Hawkeye Rd.(IA 21) j. Hess Rd./KOA Entrance The turning movement counts will include categorization of trucks and pedestrians/bicyclists. Given the recreational nature of the study area, the counts will be collected for a 24 hour period during a midweek (Tuesday - Thursday) day, as well as a 24 hour period on a Saturday during the summer months. It should be noted that the Iowa DOT is reconstructing a portion of mainline US 20, between IA 21 and Texas Street, and several interchange ramps during 2019. We do not anticipate that this will have a large impact on the traffic counts collected. However, we will compare collected data with historical data to verify consistent trip distribution. 3. Historical Count Data The Consultant will also obtain historical traffic count data for the study area intersections from the Iowa DOT as available. This will include ramp volume information for the I-380/US 20/US 218 interchange and the US 20/IA Hwy 21 interchange if the data is available from the Iowa DOT. B-2 Page 251 of 327 fill 11111111111111111, "1"""[""","""",""""", C ,u��iiiou10uii011 I� ilii 4. INRCOG Travel Demand Model Output Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 3of7 The Consultant will obtain base year and forecast year travel demand model output for the study area from the region's Metropolitan Planning Organization (MPO). This information will be used in combination with the historical and 2019 turning movement count data to produce traffic forecasts for the study area. The Consultant will not run the region's travel demand model. It is understood that all model runs will be completed by the MPO as part of their normal operations, with output supplied to the Consultant. 1.2 Topographic Data A LiDAR digital terrain model (DTM) is sufficient for this level of study and will be provided by the City of Waterloo. Several benchmarks will be verified in the field for comparison and may result in minor adjustments of the DTM. This field verification will occur as part of the field survey needed for the hydraulic model mentioned later in this document. 8.2 Traffic Analysis 2.1 Trip Generation The Consultant will calculate the anticipated trips generated by the proposed development using land use information to be provided by the developer. ITE Trip Generation procedures will be followed for estimating proposed development trips for those land uses consistent with those contained in the ITE references. For non -typical land uses, information regarding development acres, land use, estimated employees, and estimated daily attendance will be requested from the site developer and used for trip generation purposes. 2.2 Trip Distribution The Consultant will complete trip distribution procedures, assigning the new trips generated by the proposed development onto the existing roadway network, based upon traffic directionality trends identified by the 2019 peak hour traffic count data collected as a part of this study. 2.3 Traffic Forecasting The Consultant will develop traffic forecasts based on the traffic count data collected, historic traffic counts, travel demand model output, and the proposed development trip generation and trip distribution processes. The following traffic forecast scenarios are anticipated: 1. Opening Year Background Traffic (No -Build) (AM, PM, and Saturday Peak) 2. Horizon Year Background Traffic (No -Build) (AM, PM, and Saturday Peak) 3. Opening Year Background + Development Traffic (Build) (AM, PM, and Saturday Peak) 4. Horizon Year Background + Development Traffic (Build) (AM, PM, and Saturday Peak) 2.4 Traffic Modeling and Operations Analysis — Existing Network The Consultant will develop a Synchro/SimTraffic model for the Shaulis Road corridor study area. It is anticipated that this will include Shaulis Road from Texas Street on the east to Hawkeye Road on the west and Hawkeye Road from Shaulis Road on the south to the westbound US 20 ramp terminal intersection on the north. The Synchro/SimTraffic model will be used to assess the traffic operational characteristics of the Shaulis Road and Hawkeye Road corridors. Output for average intersection delay by movement, Level -of -Service, and 95th Percentile Queue Length will be obtained from SimTraffic at the study area intersection locations. The Highway Capacity Software (HCS) will be used to assess the traffic operational characteristics of the US 20 interchange with Hawkeye Road (IA Hwy 21) merge and diverge locations as well as merge and diverge locations along US Hwy 218 on the south side of the I-380/US 218/US 20 interchange. The following analysis scenarios are anticipated: 1. Existing Conditions Analysis (AM, PM, and Saturday Peaks) B-3 Page 252 of 327 fill 11111111111111111, "1"""[""","""",""""", C ,u��iiiou10uii011 I� ilii Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page4of7 2. Opening Year No Build (AM, PM, and Saturday Peaks) 3. Horizon Year No Build (AM, PM, and Saturday Peaks) 4. Opening Year Build (AM, PM, and Saturday Peaks) 5. Horizon Year Build (AM, PM, and Saturday Peaks) The Consultant will produce graphical representations of the analysis results depicting intersection operations for inclusion in the draft and final traffic study deliverables. 2.5 Traffic Modeling and Operations Analysis — Alternatives The Consultant will use the Synchro/SimTraffic model developed and HCS software to complete the traffic operational analysis of up to three (3) alternatives. The following analysis scenarios are anticipated: 1. Alternative 1 (to be developed in Task B.3.) a. Opening Year Build (AM, PM, and Saturday Peaks) b. Horizon Year Build (AM, PM, and Saturday Peaks) 2. Alternative 2 (to be developed in Task B.3.) a. Opening Year Build (AM, PM, and Saturday Peaks) b. Horizon Year Build (AM, PM, and Saturday Peaks) 3. Alternative 3 (to be developed in Task B.3.) a. Opening Year Build (AM, PM, and Saturday Peaks) b. Horizon Year Build (AM, PM, and Saturday Peaks) The Consultant will produce graphical representations of the analysis results depicting intersection operations for inclusion in the draft and final traffic study deliverables. 8.3 Corridor Concepts Development 3.1 Alternatives Development The Consultant will develop up to four (4) horizontal alignment conceptual alternatives. One of these may include making intersection spot improvements, or addition of lanes, to the existing alignment. Another will investigate the possibility of moving the intersection of Shaulis Road and US 218 to another location. The alternatives will be evaluated from a traffic operations perspective as described in previous tasks. Appropriate coordination with Iowa DOT District 2 will occur as part of this effort. Vertical alignments for the various alternatives will be developed with the goal of reducing Sink Creek overtopping of the road during certain storm events. This Task includes coordination with HEC -RAS modelling included in Phase C. 3.2 Preferred Alternative Determination The Consultant will develop an evaluation matrix with advantages/disadvantages for each alternative, which will include ball -park opinions of cost for each. The matrix will assist in determining the preferred alternative, to be recommended to the City for further project development. 3.2 Technical Memorandum The Consultant will prepare a technical memorandum describing the steps in the above process and will include necessary exhibits describing the alternatives and the evaluation matrix. B-4 Page 253 of 327 fill 11111111111111111, "1"""[""","""",""""", C ,u��iiiou10uii011 I� ilii Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 5of7 8.4 Traffic Impact Study Documentation 4.1 Draft Report The CONSULTANT will develop a draft report documenting the study process, analysis, and findings. The draft report will be provided to the CLIENT for review and comment. 4.2 Final Report The CONSULTANT will revise the draft report based on review comments received from the CLIENT. Two (2) hard copy of the final report deliverable will be provided to the CLIENT. An electronic copy of the final report deliverable will also be provided. PHASE C - SINK CREEK DRAINAGE STUDY C.1 Topographic Survey 1. Survey to follow FEMA Data Capture Standards 2. Nineteen (19) stream channel and floodplain cross-sections at FEMA defined cross-section locations. 3. Geographic extents from 4,200 feet West of Hawkeye Road to 1,500 Feet east of Cedar Terrace Drive (Total Estimated Centerline Channel Length of approximately 25,200 feet, or 4.77 miles.) 4. Total station or GPS ground shots at structures 5. CLIENT -provided LIDAR to supplement in-between C.2 Hydrologic and Hydraulic Modeling 2.1 HEC -HMS Hydrologic Modeling The CONSULTANT will use readily available Black Hawk County LIDAR data to delineate the watershed contributing to Sink Creek and develop a HEC -HMS model. The model will include sub -areas and utilize soils and land use data necessary to determine the flows at key locations. The peak flows will be referenced in the steady-state HEC -RAS model. 2.2 HEC -RAS Hydraulic Modeling The CONSULTANT will use the readily available Black Hawk County LiDAR data, supplemented by cross-section and structure survey data provided by the sub -consultant, to create a 1-D steady-state HEC -RAS model of existing conditions. The CONSULTANT will provide an existing conditions model to submit to FEMA. The limits of study are from Rose Lane to 4000 feet upstream of Hawkeye Road. 2.3 Flood Plain Mapping The CONSULTANT will provide an updated Preliminary Flood Map Panel with requested changes to the floodplain based on the existing conditions HEC -RAS model. The CONSULTANT will produce flood hazard area shape files and present the information to FEMA standards. 2.4 Hydrologic & Hydraulic Report The CONSULTANT will prepare a Hydraulic Technical Memorandum summarizing the computational methodology and results of the hydrologic and hydraulic analyses. The Technical Memo will identify the updates made to the project area in order to submit the appeal to FEMA. 2.5 FEMA Coordination The CONSULTANT will prepare the appeal application for CLIENT signature and submit to FEMA on behalf of the CLIENT. CONSULTANT has budgeted up to 40 additional hours to answer questions or provide additional data to FEMA after the original submittal. B-5 Page 254 of 327 fill 11111111111111111, "1"""[""","""",""""", C ,u��iiiou10uii011 I� ilii Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 6of7 2.6 Corridor Alternatives Modeling The CONSULTANT will provide bridge sizing recommendations that would accommodate the 1% annual event without road overtopping. The CONSULTANT will provide recommendations at five crossings over the main channel of Sink Creek: US Highway 218, E. Shaulis Road, Hess Road, Orange Road, and Hammond Avenue. The CONSULTANT will also evaluate the four proposed alternatives for E. Shaulis Rd in the HEC -RAS model to show flood impacts. This includes evaluation of proposed vertical alignment changes to prevent future overtopping. ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1. Preliminary or Final Design of Roadways, Traffic Control Devices, Bridges, Culverts, and/or Channel Improvements 2. Construction Phase Services 3. Travel Demand Modeling Services 4. Iowa DOT Interchange Operations Reports and/or Interchange Justification Reports B-6 Page 255 of 327 fill 11111111111111111, "1"""[""","""",""""", C ,u��iiiou10uii011 I� ilii Professional Services Agreement Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 7of7 Attachment B — Deliverables and Schedule Deliverables: • Meeting Agendas and Minutes • City Council Presentation Materials • Traffic Impact Study • Corridor Alternatives Technical Memo and Exhibits • HEC -RAS existing conditions model • Hydrologic & Hydraulic Report Schedule: The scope of Services shall be completed in accordance with the following schedule unless modified by mutual agreement or by factors beyond the control of the Consultant. Most of this is dependent on receiving data from the IPMP in a timely fashion. Contract Approval / Notice to Proceed June 3, 2019 Kick -Off Meeting Early June 2019 Progress Meeting Late July 2019 Final Report Submittal Late August 2019 B-7 Page 256 of 327 Attachments Shaulis Road Corridor Study & Sink Creek Drainage Study HR Green #190428 Page 1 of 1 Attachment C — Fee Breakdown PROFESSIONAL SERVICES FEE Category Rate Hours Extension Task A CONTRACT MANAGEMENT Principal $ 216 28 $ 6,048.00 Senior Professional 1 $ 215 8 $ 1,720.00 Professional 1 $ 190 80 $ 15,200.00 Professional 2 $ 195 21 $ 4,095.00 Professional 3 $ 175 12 $ 2,100.00 Professional 4 $ 135 8 $ 1,080.00 Junior Professional 1 $ 125 8 $ 1,000.00 Junior Professional 2 $ 130 8 $ 1,040.00 Senior Technician 1 $ 130 8 $ 1,040.00 Administrative 1 $ 92 14 $ 1,288.00 Expenses $ 452.40 $ 35,063.40 Task B SHAULIS ROAD TRAFFIC STUDY Senior Professional 2 $ 200 32 $ 6,400.00 Professional 1 $ 190 34 $ 6,460.00 Professional 2 $ 195 8 $ 1,560.00 Professional 3 $ 175 24 $ 4,200.00 Professional 4 $ 135 248 $ 33,480.00 Junior Professional 1 $ 125 56 $ 7,000.00 Senior Technician 1 $ 130 40 $ 5,200.00 Subconsultant 1 (Traffic Counts) $ 11,880.00 $ 76,180.00 Task C SINK CREEK DRAINAGE STUDY Principal $ 216 54 $ 11,664.00 Junior Professional 2 $ 130 372 $ 48,360.00 Subconsultant 1 (Surveying) $ 24,200.00 $ 84,224.00 TOTAL $ 195,467.40 C-1 Page 257 of 327 CITY OF WATERLOO Council Communication Resolution approving a $30,000 grant agreement between the Otto S choitz Foundation and the City of Waterloo Community Development for repairs to existing single family owner occupied homes, and authorizing the Mayor to execute said documents. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department Reviewer v ;ofli Fl� . �H mlry. Devell p e m ; 1 veny 1 cAnn ATTACHMENTS: Description o Otto Schoit; ° qroo , mem : tion a . ,rd letter. SUBJECT: Action D ate Approve 5/2 9/2 Type Cover ..o A� M Resolution approving a $30,000 grant agreement between the Otto S c ho itz Foundation and the City of Waterloo Community Development for repairs to existing single family owner occupied homes, and authorizing the Mayor to execute said documents. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: Summary Statement: Request City Council authorization for Mayor Hart to execute the grant award documents for immediate submission to the Otto Schoitz Foundation. 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 $4000. Page 258 of 327 11111111111111111111111111111111111111 otto SCHOITZ FOUNDATION City of Waterloo/Waterloo Community Development Ms. Angie Fordyce 620 Mulberry Street Suite 202 Waterloo, IA 50703 425 Cedar Street, Suite 300E Waterloo, IA 50701 Ph: 319-232-2870 May 16, 2019 Re: Waterloo Community Development Emergency Repair Program Grant Application Dear Ms. Fordyce: On behalf of the Otto Schoitz Foundation Board of Directors, I am pleased to inform you that a grant has been awarded to your organization. Congratulations! We are excited to work with you to improve the health and wellbeing in the Cedar Valley. Your award information is as follows: Type of Award: One Time Amount of Award: $30,000.00 Your proposal was selected amongst a highly competitive field and your grant award is truly an accomplishment to celebrate. Each proposal was carefully considered in light of our guiding principles and the amount of funding available. Grant proposals were evaluated against the following criteria: ❖ Community Need. How critical is the project's identified community need? ❖ Feasibility. What is the likelihood of success of the project? ❖ Outcomes. Do the program/project's identified outcomes provide a meaningful, big and lasting impact? ❖ Root or Primary Causes. Does the project address root or primary causes of health and/or wellbeing? ••• Vulnerable. Does the project positively impact vulnerable individuals? ❖ Use of Funds/Shared Funding. Evaluate the soundness of the project's Use of Funds and Shared Funding approach. ❖ Mission Alignment. How well does the program/project improve the health and wellbeing of the Cedar Valley? Your specific application received its highest and lowest score in the following categories: Highest score: Vulnerable Lowest score: Outcomes Please be advised that as a condition of receiving your grant award, the following milestones have been established. 1. Within the next two weeks, please view and sign the electronic Grant Agreement. The grant award will be official after you have submitted the electronic Grant Agreement. Please note, if your award is a partial award, i.e. less than the amount that you requested, by returning the signed Grant Agreement you are signifying that you accept the partial award for the project as outlined in your grant application. Any modification of the project goals and expected outcomes due to a partial award must be reviewed and approved by the Foundation — please contact me to discuss these circumstances. Page 259 of 327 11111111111111111111111111111111111111 otto SCHOITZ FOUNDATION 425 Cedar Street, Suite 300E Waterloo, IA 50701 Ph: 319-232-2870 2. An Interim Grant Report is due 90 days following the project start date. You will be notified via email fourteen days in advance of this due date. 3. A Final Grant Report is due 30 days after the project end date. You will be notified fourteen days in advance of this due date. Each of these follow-ups are accessed by logging into the Otto Schoitz Foundation online grant management system. As a reminder, the Foundation awards reimbursable grants, i.e. the Foundation reimburses for costs incurred up to the total amount specified in the grant. We reimburse for expenses incurred AFTER the award date. Please submit for reimbursement as often as necessary using the Grant Reimbursement Form (shown on the following page); our preference is to disburse your grant award within 12 months of this notice Congratulations on your grant award - we are very pleased to partner with you in improving life in the Cedar Valley! Sincerely, ck Shelli Panicucci Executive Director/CEO Otto Schoitz Foundation Phone: 319-232-2870 Page 260 of 327 IIIIIIIllllllllllllllllllllllllllllllllIIIIII Ylllllllllllllll!f otto SCHOITZ FOUNDATION Reimbursement Request The Otto Schoitz Foundation awards reimbursable grants, i.e. the Foundation reimburses the grantee for work performed and/or costs incurred up to the total amount specified in the grant. To request reimbursement, complete and submit this form. Reimbursement requests may be made as often as needed up to the total amount of the grant award. Organization/Payee: Address: EIN: Project: Date: Amount Requested: Supporting documentation: please attach copies of invoice(s) and proof of payment for the amount being requested for reimbursement. For programmatic and operating support reimbursement, please provide a summary of actual costs incurred as compared to the project budget costs identified in the original grant application. Signature of Authorized Official Email Phone number Please forward Reimbursement Form and copies of supporting documentation to: Otto Schoitz Foundation 425 Cedar Street, Suite 300B Waterloo, IA 50701 If you prefer to submit electronically, email pdf to info@ottoschoitzfoundation. Page 261 of 327 CITY OF WATERLOO Council Communication Resolution appointing UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $6,790,000 General Obligation Bonds, Series 2019A, and authorizing the the Mayor and City Clerk to execute said documents. City Council Meeting: 6/3/2019 Prepared: 5/26/2019 REVIEWERS: Department Reviewer Action Date .F .nance Weidner,, Michelle Approved 5/26/2(19 .. 5.50 PM Clerk office Even, I....,eArm. .Approved 28/20119 ...... 4:26 1 M SUBJECT: Resolution appointing UMB Bank, N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $6,790,000 General Obligation Bonds, Series 2019A, and authorizing the the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Expenditure Required: UMB Bank, N.A. will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee of $300 is charged. Annual paying agent fees of $600 will be required each year the bonds are outstanding. S ource of Funds : Fees are paid using the debt service levy. Page 262 of 327 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance of $6,790,000 General Obligation Bonds, Series 2019A, and levying a tax to pay the Bonds and approval of the Tax Exemption Certificate and Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department Reviewer Action Date Finance .ance Even, L c: n.n. Approve . . SUBJECT: Resolution authorizing and providing for the issuance of $6,790,000 General Obligation Bonds, Series 2019A, levying a tax to pay the Bonds, approval o f the Tax Exemption Certificate and Continuing Disclosure C ertific ate, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: The Tax Exemption Certificate is an important document and contains important information concerning the calculated yield on the Bonds and a number of covenants and obligations on the part of the City. Tax exemption is based in part upon the fact that the use of the facilities to be acquired by the City with the with the proceeds will be for the benefit of the public and will not be used in the private trade or business of any business or non -tax-exempt entity. The properties acquired with the bond proceeds must not be sold or diverted to any private or nonpublic use unless the significance of that action is reviewed by bond counsel. Page 263 of 327 CITY OF WATERLOO Council Communication Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $3,210,000 Taxable General Obligation Bonds, Series 2019B, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/3/2019 Prepared: 5/26/2019 REVIEWERS: Department Reviewer Action Date F inance Weidner,, Michelle Approved 5/26/2( 19 .. 5:5 1 PM Clerk. office Even, .I....,eArm .A.pproved 5/2 M /29/2,0 9 ,,,,, 9:49 . M. SUBJECT: Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in c o njunc do n with the $3,210,000 Taxable General Obligation Bonds, Series 2019B, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial 0 ffic er Summary Statement: Expenditure Required: UMB Bank, N.A. will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee of $300 is charged. Annual paying agent fees of $600 will be required each year the bonds are outstanding. S ource of Funds : Fees are paid using the debt service levy. Page 264 of 327 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance of $3,210,000 Taxable General Obligation Bonds, Series 2019B, levying a tax to pay said bonds, and approving the Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department Reviewer Action Date Finance .ance Even, L eAn..n.. Approve . .5/29/2019 9:50 AM SUBJECT: Resolution authorizing and providing for the issuance of $3,210,000 Taxable General Obligation Bonds, Series 2019B, levying a tax to pay said bonds, and approving the Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Page 265 of 327 CITY OF WATERLOO Council Communication Resolution approving UMB Bank, N.A. of Kansas City, Missouri, to serve as the Registrar and Paying Agent for all outstanding bond issues. City Council Meeting: 6/3/2019 Prepared: 5/26/2019 REVIEWERS: Department Finance q nance Clerk Office SUBJECT: Submitted by: Summary Statement: Reviewer Action Date Wei near, _M sich.de Approved 6/2 1 P M. Even.. gin.. 1..,e n..n.. . . p grove 5/29/2( 1 ) 9:4..7 A.M: Resolution approving UMB Bank, N.A. of Kansas City, Missouri, to serve as the Registrar and Paying Agent for all outstanding bond issues. Submitted By: Michelle Weidner, Chief Financial Officer Bankers Trust of Des Moines, Iowa has sold their bond custody business to UMB Bank, N.A. of Kansas City, Missouri. The staff that was previously with Bankers Trust will be employed by UMB Bank and their office will be located in West Des Moines, Iowa. Page 266 of 327 CITY OF WATERLOO Council Communication Resolution approving request of MMS Consultants, Inc., on the behalf of the City of Waterloo, to approve the preliminary plat of the Northeast Industrial Park Plat No. 4, a four lot industrial subdivision, located east of 1994 Newell Street. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department P ian n.ing & Clerk Office ice ATTACHMENTS: Description Council Packet SUBJECT: Submitted by: Recommended Action: Reviewer S ch i.. oeder, . .ric Even, :..e. .n Action pprovc A pip.: owed. Type Cover Me lo Date 5/29/' 5/29/201( 10:_ 10:19 A Resolution approving request of MMS Consultants, Inc., on the behalf of the City of Waterloo, to approve the preliminary plat of the Northeast Industrial Park Plat No. 4, a four lot industrial subdivision, located east of 1994 Newell Street. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is for a preliminary plat of Northeast Industrial Park Plat No. 4, a four lot industrial subdivision, located east of 1994 Newell Street. Please find attached to this council transmittal the following items: • Staff report • Aerial photograph • Preliminary Plat • Legal Description • Report of City Engineer Page 267 of 327 Summary Statement: Expenditure Required: None Page 268 of 327 S ource of Funds : N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Alternative: N/A Background Information: The area in question is zoned "M -2,P" Planned Industrial District and was rezoned from "A-1" Agricultural District in October of 1995. 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. 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. Approximately the eastern 25% of the property is located within a Special Flood Hazard Area (Zone AE, 100 -year floodplain) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0193F, dated July 18, 2011. This particular area appears to be a drainage channel and would appear to be undevelopable. A 60' utility easement that extends from Martin Luther King Jr Drive to Newell Street is included in the plat along a portion of lots 1, 2 & 4 which currently has a 24" Sanitary Sewer line and a 36" storm sewer line. There is also a 20' sanitary sewer easement included along the eastern portion of the property from the east to meet the 60' utility easement. The preliminary plat consist of 4 lots and one tract of land, containing a total of 59.37 acres of land, which is located to the east of 1994 Newell Street, between Newell Street and Martin Luther King Jr. Drive. The site is zoned "M -2,P" Planned Industrial District, so when a lot is developed, it will be necessary that such new development goes through a site plan amendment process before the Planning, Programming and Zoning Commission and City Council. The plat does not include building setback lines which will be determined through plan review. As lots are developed, it will be necessary for each development to submit and execute an approved landscaping plan. There is 4 lots shown on the plat: Lot 1 is 26.26 acres, Lot 2 is 5.74 acres which is listed as wetland conservation areas, Lot 3 is 4.92 acres, Lot 4 is 10.95 acres, and Outlot "A" is 11.50 acres. A different version of the preliminary and final plat had previously come before the Commission on June 7, 2016 when it was tabled due to a concern over a number of mis s ing items then recommended for approval by the Commission on 10/4/16 however, the plats were never sent to council due to a desire to change the lot configuration that was approved. Page 269 of 327 There are concerns about drainage issues and its effects on properties to the west. Also, existing and previous issues with drainage will need to be addressed. Oudot "A" is shown as public open space which will also serve as a drainage easement for development of the area. The preliminary plat shows a) legal description —although the engineering department notes they would like a change in it b) existing contour lines c) property lines and dimensions e) date, north arrow, scale, owner fl sanitary sewer locations, g) water system locations h) storm sewer locations i) adjoining subdivisions k) size of individual lots 1) right-of-way widths m) street surfacing n) street widths and p) vegetation locations. The plat is missing d) building setback lines which will be set during the site plan amendment process and o) street light locations which could also come during the site plan amendment process. The engineering department also noted that the plat does not include proposed contour lines, that the ROW to be added to Newell for right tum lanes should be a tract, that the plat shows utilities but not the sizes, and needs to address access to lots 2 and 4. Therefore, staff recommends that the request of the preliminary and final plat of Northeast Industrial Park Plat No. 4 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 subdivision would appear to be similar to adjacent industrial subdivisions in the area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Comer of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Comer of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Page 270 of 327 Legal Descriptions: Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S 21 ° 11' 3 8" E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S 17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most comer of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most comer thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59' 13"W, along said Northerly Line, 200.00 feet; Thence S 30°00'47" W, along said Northerly Line, 15.00 feet; Thence N59°59' 13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S36°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S 61°11'41"W; Thence S 54°48'37" W, along said Northerly Line, 137.26 feet; Thence S 64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Comer of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Comer thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37' 11 "E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 271 of 327 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: February 5, 2019 Request by MMS Consultants on the behalf of the City of Waterloo for the preliminary plat of the Northeast Industrial Park Plat No. 4, a four lot industrial subdivision, located east of 1994 Newell Street MMS Consultants Inc, 1917 S Gilbert Street, Iowa City, IA 52240 The applicant is requesting to plat the property in question for the purposes of creating a four lot industrial park subdivision. The request would not appear to have a negative impact on the surrounding neighborhood or 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. 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 that 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. DEVELOPMENT The area is comprised of agricultural land, industrial development HISTORY: that has been constructed in recent years and the City View Heights Subdivision that developed in the 1940s and 1950s. BUFFERS/ No buffers would be required as a part of this platting request. SCREENING However, as the area develops for industrial uses, it may be REQUIRED: necessary to screen the vehicular use area from abutting residential uses to the west. DRAINAGE: Drainage plans will need to meet the requirements of engineering when developments come before the commission for a site plan amendment. The Engineering Department also wants a review of potential E of 1994 Newell St — NEIP Plat 4 Page 1 of 3 Page 272 of 327 February 5, 2019 drainage issues to the west. FLOODPLAIN: Approximately the eastern 25% of the property is located within a Special Flood Hazard Area (Zone AE, 100 -year floodplain) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0193F, dated July 18, 2011. This particular area appears to be a drainage channel and would appear to be undevelopable. PUBLIC /OPEN The nearest schools are Highland Elementary 1.4 miles to the SPACES/ SCHOOLS: 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 to the west of the proposed plat. UTILITIES: WATER, A 60' utility easement that extends from Martin Luther King Jr Drive SANITARY SEWER, to Newell Street is included in the plat along a portion of lots 1, 2 & STORM SEWER, ETC: 4 which currently has a 24" Sanitary Sewer line and a 36" storm sewer line. There is also a 20' sanitary sewer easement included along the eastern portion of the property from the east to meet the 60' utility easement. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. The COMPREHENSIVE plat would be in conformance with the Comprehensive Plan and LAND USE PLAN: Future Land Use Map for this Area. Industrial uses are intensive and generally involve production, manufacturing, and/or assembly function. These uses, if placed next to an incompatible use such as residences, may have a dramatic effect on surrounding properties because of their traffic, hours of operation, noise, smell or dust. STAFF ANALYSIS — The preliminary plat consist of 4 lots and one tract of land, ZONING containing a total of 59.37 acres of land, which is located to the ORDINANCE: east of 1994 Newell Street, between Newell Street and Martin Luther King Jr. Drive. The site is zoned "M -2,P" Planned Industrial District, so when a lot is developed, it will be necessary that such new development goes through a site plan amendment process before the Planning, Programming and Zoning Commission and City Council. The plat does not include building setback lines which will be determined through plan review. As lots are developed, it will be necessary for each development to submit and execute an approved landscaping plan. There is 4 lots shown on the plat: Lot 1 is 26.26 acres, Lot 2 is 5.74 acres which is listed as wetland conservation areas, Lot 3 is 4.92 acres, Lot 4 is 10.95 acres, and Outlot "A" is 11.50 acres. A different version of the preliminary and final plat had previously come before the Commission on June 7, 2016 when it was tabled due to a concern over a number of missing items then E of 1994 Newell St — NEIP Plat 4 Page 2 of 3 Page 273 of 327 February 5, 2019 recommended for approval by the Commission on 10/4/16 however, the plats were never sent to council due to a desire to change the lot configuration that was approved. There are concerns about drainage issues and its effects on properties to the west. Also, existing and previous issues with drainage will need to be addressed. Outlot "A" is shown as public open space which will also serve as a drainage easement for development of the area. STAFF ANALYSIS — The preliminary plat shows a) legal description —although the SUBDIVISION engineering department notes they would like a change in it b) ORDINANCE: existing contour lines c) property lines and dimensions e) date, north arrow, scale, owner f) sanitary sewer locations, g) water system locations h) storm sewer locations i) adjoining subdivisions k) size of individual lots!) right-of-way widths m) street surfacing n) street widths and p) vegetation locations. The plat is missing d) building setback lines which will be set during the site plan amendment process and o) street light locations which could also come during the site plan amendment process. The engineering department also noted that the plat does not include proposed contour lines, that the ROW to be added to Newell for right turn lanes should be a tract, that the plat shows utilities but not the sizes, and needs to address access to lots 2 and 4. STAFF Therefore, staff recommends that the request of the preliminary RECOMMENDATION: and final plat of Northeast Industrial Park Plat No. 4 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 subdivision would appear to be similar to adjacent industrial subdivisions in the area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. 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POIN 61i�p'ui.I East of 1994 Newell Street Northeast Industrial Park Plat No. 4 Preliminary and Final Plat MME Consultants Page 276 of 327 City of Waterloo Planning, Programming and Zoning Commission June 7, 2016 East of 1994 Newell Street Northeast Industrial Park Plat No. 4 Preliminary and Final Plat JDE Engineering Page 277 of 327 HA I Lcc), www.mmsconsultants.net 4V,9 'g 0 w<- , <-‹ uj 0 0_ 0.=C - 1-1-10‹ 00< Z_0- caQ MMS CONSULTANTS, 2 •€, 2 0 0 S00.25.27, 4 2 9 R X City Planner or Designee EAST LINE OFTE42WEST 194.403Z NW V.,M67194,4© FEET CDIF THE hEff = NVv71\4. BECTON 2)=769h1=n12 0, 006 N00.5,42, 586.87,R. N00.58.42, 1\4 = IV SECTUON19469H=G212W MY WET FIEMOFIVE BLOCK 51 BLOCK 50 715 Mulberry St, May 29, 2019 fool Waterloo, IA 50703 Phone (319) 291-4312 Fax (319) 201-4262 Einai:city.engineerAwaterloo-korg JAMIE 'KNUTSON, PE City Engineer Aric Schroeder, City Planner Planning, Programming & Zoning Co mission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT NORTHEAST INDUST Dear Aria IAL PARK PLAT NO. 4 This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Dennis J. Gentz, RE, Assistant City Engineer RE WORKING FOR YOU! An Equai opportunity/Affirmative Action Employer 9131 9641 Page 279 of 327 �����IIIIIIIIIIII Northeast Industrial Park Plat No. 4 100,010,10000, ��ul�I�IIIV�' ' Illllllll1111 of 'ovvvvvvulvu IIIIIII II II II 11 IIIIIIIII . 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IIIPiINull 1 1 1 l� l'' 111111 lllllllllllllll l l l l l l p l l l l l l l l l l l l l l l l l l l I h I II (IIIIIIIII II IIIIIIIIIIItlllll I � I I III II ffff Iglu, II �� JJII Ild XCY�ill Y�lr(l�r�lo11111Y(I l.,llllll(,I IIlrIk III„moo 1111°'I ,,"""'IIIIIIIIII,,,,,II""II r • (IIIIIII' uull ,,,»»»»»»» I »»»uuuuuuulluuuuum mllllllllllllll iiiiiiiiiliillllllllllllllllllllllllllllllll1111lll1111j1�lllllll IIIIIIIIIIIIII ll0000uo000000uuuuul000l0000fii00000lii Looking north from MLK Jr. Drive at the eastern area to be platted and at the area where the drainage way falls. Page 280 of 327 Northeast Industrial Park Plat No. 4 111 oYdum''i111,,v,1I'N°' Ih dl Ir "M ue ���rn0i� � �^!^II�����d II"md K' IV NW��'u,YNNu �I° Im M N^�7,11l HII N"f d�,y,�;I� I a�l�i � uldN ��I a rlw,dr"r tll�uYa�lo I "��,ulo":91 uil �YIa�Y""�nm�MlRl� "I�i�Wd�IIV"Vll��ii r r " � II I Il�lulu r , Looking south from Newell Street at areas being graded on the site that will be platted. ik4 Illi%muuul^mNIIIIIIIII1111,1jj111,,»IIVVpummilliil ulii;l IIIIIIIIIIIIIIIWIlY!! -', IIIIIrhIN IYrmIIIIII)))))Iluuuullppuuuuu wfffffllllpllllVplllll ll.r tl ,r �NIGII hlI"^,ray jt G��po'rvVGpy1(�(p j�l'n,^Ili,�� u � I��I IrlV �fidi��1 1 ilyliV4�I;M1iV' 1�I fi it ,, e I ,n,„�d��m �II�G�I�aNY y;r, �alq,`�ulylr'm`JMMli y y71� IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII1111»°°ullll �IIIII rill„r„ill {;1111111 muuuuulVuuullllll " r„r, ���muuuuilll/l/IIIIIIIIIIIIII ,ru,,,,rr l..,I rrrr "rrrrlharn / "Ul! 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Looking southwest from Newell Street at areas being graded on the site that will be platted. Page 281 of 327 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLAT 'ENG (M OR OR PRELI NARY) APPLICATIO INFORMATION: a. Applicant's Name (please print): Address: City: „ State: b. Status of Applicant: (a) Owner (b) Other c Phone: ic-- 15CT › Zip: 'id (CHECK ONE): If other explain: e. Property Gwners Name if different than above (please pint). Address: 't 155LA.511* Ci : State: 2. PROPERTY INFORMATION: a. b. c. d. Name of Plat: 'L. 0 - General Location of Prope Area of Proposed Plat: Zoning District(s): Phone: 3 ( Zip: 1.090.11' r 3. OTHER DOCUMENTATION: a. Preliminaty Deed of Dedication (prefered but not req ired) b. Overall Street Plan (if applicable) iL4 c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four (4) copies of Preliminary Deed of Dedication 4. PUBLIC IMPROVEMENTS a. Costs (estimated) for any public improvements: Total Cost Esti ate Storm Sewer Sanitary Sewer Paving Land Dedicated TOTAL The Request Fee of $300 + $10 ," er lot (payable to the City of Waterloo) is required. This fee is .non- refundable. 'Under no condition shall said sum or any part thereof Ise refimded for failure of said request to be approved. Any major Change in any of the information given will require that the request go back throughthe process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and conect. Afl information submitted will he used by the Waterloo 'Planning., Programming and Zoning Co. :mission and the Waterloo City Council in, making the decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request., ignature of App Ica Signature of 'Owner Date kCo. Page 282 of 327 CITY OF WATERLOO Council Communication Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-3(D) Application Procedure and Requirements as it relates to the approval of the final plat of Northeast Industrial Park Plat No. 4. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department P ian n.ing & Clerk Office ice SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: Reviewer Schroeder, i.. oeder, . .ric Even, :..e. .n Action pprovc A pip.: owed. Date f5/29/' 01 10 Y AM 5/29/2019 ,,,,,, 1 O w „6 A M: Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-3(D), Application Procedure and Requirements, as it relates to the approval of the final plat of Northeast Industrial Park Plat No. 4. Submitted By: Noel Anderson, Community Planning and Development Director Approval The variance is needed because they are asking for approval of the preliminary and final plat at the same time, whereas the S ub divis io n Ordinance requires approval of the preliminary plat prior to submittal of the final plat. None N/A Subdivision O rdinanc e MMS Consultants on behalf of the City of Waterloo is requesting approval of the preliminary and final plat of Northeast Industrial Park Plat No. 4 to allow for development of a 3 Lot Industrial Subdivision. Page 283 of 327 CITY OF WATERLOO Council Communication Resolution approving request of MMS Consultants, Inc., on the behalf of the City of Waterloo, to approve the final plat of Northeast Industrial Park Plat No. 4, a three lot industrial subdivision, located east of 1994 Newell Street. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department P ian n.ing & Clerk Office ice ATTACHMENTS: Description Council .l Pacs het SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, oeder, ..ric Even, :..e. .n Action pprovc Approved Type Cover Me lo Date f5/29/' ,,,,.01c. 10:37 . M 5/29/2019 ,,,,,, 10:d 0 A M: Resolution approving request of MMS Consultants, Inc., on the behalf of the City of Waterloo, to approve the final plat of Northeast Industrial Park Plat No. 4, a three lot industrial subdivision, located east of 1994 Newell Street. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request for the final plat of Northeast Industrial Park Plat No. 4, a three lot industrial subdivision, located east of 1994 Newell Street. Please find attached to this council transmittal the following items: • Staff report • Aerial photograph • F final Plat • Legal Description • Contract Petition and Waivers • Deed of Dedication • Report of City Engineer None N/A Land Use and Economic Development, policies 1, 3 and 4. The area in question is zoned "M -2,P" Planned Industrial District and was Page 284 of 327 Background Information: rezoned from "A-1" Agricultural District in October of 1995. 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. Approximately the eastern 25% of the property is located within a Special Flood Hazard Area (Zone AE, 100 -year floodplain) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0193F, dated July 18, 2011. This particular area appears to be a drainage channel and would appear to be undevelopable. A 60' utility easement that extends from Martin Luther King Jr Drive to Newell Street is included in the plat along a portion of lots 1, 2 & 4 which currently has a 24" Sanitary Sewer line and a 36" storm sewer line. There is also a 20' sanitary sewer easement included along the eastern portion of the property from the east to meet the 60' utility easement. The final plat consist of 3 lots and 3 tracts of land, containing a total of 61.03 acres of land, which is located to the east of 1994 Newell Street, between Newell Street and Martin Luther King Jr. Drive. The site is zoned "M -2,P" Planned Industrial District, so when a lot is developed, it will be necessary that such new development goes through a site plan amendment p ro c e s s before the Planning, Programming and Zoning Commission and City Council. The plat does not include building setback lines which will be determined through plan review. As lots are developed, it will be necessary for each development to submit and execute an approved landscaping plan. There are 3 lots shown on the plat: Lot 1 is 27.49 acres, Lot 2 is 7.17, and Lot 3 is 9.62 acres. Tract "A" is 1.66 acres, Tract "B" is 11.50 acres, and Tract "C" is 3.59 acres. The preliminary plat showed 4 lots originally but that has been reduced to 3 - lots on the final plat. The final plat shows: 1) legal description 2) property lines: dimensions 3) date 4) adjoining subdivisions 5) easements 6) proper lot sequence. Building lines are not included on the final plat but will be addressed during the site plan amendment process. The Deed of Page 285 of 327 Legal Descriptions: Dedication and Engineer's Certificate of Survey will need to be included before the plat is sent to the city council. Therefore, staff recommends that the request of the final plat of Northeast Industrial Park Plat No. 4 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 subdivision would appear to be similar to adjacent industrial subdivisions in the area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Comer of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S 21 ° 11' 3 8" E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S 17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most comer of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most comer thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59' 13"W, along said Northerly Line, 200.00 feet; Thence S 30°00'47" W, along said Northerly Line, 15.00 feet; Thence N59°59' 13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Page 286 of 327 Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S 36°48'47" W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S 61 ° 11'41 "W; Thence S 54°48'37" W, along said Northerly Line, 137.26 feet; Thence S 64 ° 22' 40" W, along said Northerly Line, 391.07 feet, to the Southwest Corner of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Comer thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37' 11"E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 287 of 327 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: May 7, 2019 Request by MMS Consultants on the behalf of the City of Waterloo for the final plat of Northeast Industrial Park Plat No. 4, a three lot industrial subdivision, located east of 1994 Newell Street MMS Consultants Inc, 1917 S Gilbert Street, Iowa City, IA 52240 The applicant is requesting to plat the property in question for the purposes of creating a three lot industrial park subdivision. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Martin Luther King Jr. Drive to the south and Newell Street to the north, and both streets are classified as Minor Arterials. A site plan has been submitted for a project that will involve 3 lots being approved in this plat. As part of the project Newell Street will be improved east of the plat site. Approximately a 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. 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 FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: The area in question is zoned "M -2,P" Planned Industrial District and was rezoned from "A-1" Agricultural District in October of 1995. 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. 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. E of 1994 Newell St — NEIP Plat 4 Page 1 of 3 Page 288 of 327 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 — NEIP Plat 4 May 7, 2019 No buffers would be required as a part of this platting request. Drainage plans will need to meet the requirements of engineering when developments come before the commission for a site plan amendment. The Engineering Department also wants a review of potential drainage issues to the west. Approximately the eastern 25% of the property is located within a Special Flood Hazard Area (Zone AE, 100 -year floodplain) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0193F, dated July 18, 2011. This particular area appears to be a drainage channel and would appear to be undevelopable. 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 plat. A 60' utility easement that extends from Martin Luther King Jr Drive to Newell Street is included in the plat along a portion of lots 1, 2 & 4 which currently has a 24" Sanitary Sewer line and a 36" storm sewer line. There is also a 20' sanitary sewer easement included along the eastern portion of the property from the east to meet the 60' utility easement. 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 final plat consist of 3 lots and 3 tracts of land, containing a total of 61.03 acres of land, which is located to the east of 1994 Newell Street, between Newell Street and Martin Luther King Jr. Drive. The site is zoned "M -2,P" Planned Industrial District, so when a lot is developed, it will be necessary that such new development goes through a site plan amendment process before the Planning, Programming and Zoning Commission and City Council. The plat does not include building setback lines which will be determined through plan review. As lots are developed, it will be necessary for each development to submit and execute an approved landscaping plan. There are 3 lots shown on the plat: Lot 1 is 27.49 acres, Lot 2 is 7.17, and Lot 3 is 9.62 acres. Tract "A" is 1.66 acres, Tract "B" is Page 2 of 3 Page 289 of 327 May 7, 2019 11.50 acres, and Tract "C" is 3.59 acres. The preliminary plat showed 4 lots originally but that has been reduced to 3 -lots on the final plat. STAFF ANALYSIS — The final plat shows: SUBDIVISION ORDINANCE: 1) legal description 2) property lines: dimensions 3) date 4) adjoining subdivisions 5) easements 6) proper lot sequence. Building lines are not included on the final plat but will be addressed during the site plan amendment process. The Deed of Dedication and Engineer's Certificate of Survey will need to be included before the plat is sent to the city council. STAFF Therefore, staff recommends that the request of the final plat of RECOMMENDATION: Northeast Industrial Park Plat No. 4 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 subdivision would appear to be similar to adjacent industrial subdivisions in the area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. E of 1994 Newell St — NEIP Plat 4 Page 3 of 3 Page 290 of 327 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 II II II II II II II II. 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GILBERT STREET, IOWA CITY, IOWA 52240, PH. 319-351-8282 hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. JAMES E. LICHTY P.L.S. Iowa Lic. No. 13287 My license renewal date is December 31, 2020. Pages or sheets covered by this seal: 1 & 2 State of Iowa SS. County of Johnson Subscribed and sworn to before me by James E. Lichty this day of , 2019. Notary Public Northeast Industrial Park Plat No. 4 is a subdivision of the property of a portion of the Northeast Quarter of the Northwest Quarter, a portion of the Southeast Quarter of the Northwest Quarter, a portion of the Southwest Quarter of the Northwest Quarter, a portion of the Northwest Quarter of the Northwest Quarter, all of Section 20 and a portion of the Southeast Quarter of the Northeast Quarter of Section 19, all of Township 89 North, Range 12 West of the 5th Prinicipal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: 1 Page 295 of 327 Commencing at the Northwest Corner of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S21°11'38"E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most corner of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most corner thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59'13"W, along said Northerly Line, 200.00 feet; Thence S30°00'47"W, along said Northerly Line, 15.00 feet; Thence N59°59'13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S36°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S61°11'41"W; Thence S54°48'37"W, along said Northerly Line, 137.26 feet; Thence S64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Corner of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Corner thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37'11"E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 296 of 327 DEED OF DEDICATION NORTHEAST INDUSTRIAL PARK, PLAT NO. 4 WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA The City of Waterloo, Iowa ("Owner"), being desirous of platting the land described in the attached Certificate of Survey, by , a licensed land surveyor, dated , 2018, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called Northeast Industrial Park Plat No. 4, Waterloo, Black Hawk County, Iowa (the "Property"), all of which is with the free consent and desire of the undersigned, and the undersigned hereby dedicates and sets apart for public use the streets and avenues as shown on the attached plat. The undersigned hereby covenants and agrees for itself, its successors and assigns, that said subdivision shall be and the same is hereby made subject to the following restrictions as fully and effectively for all intents and purposes as if the same were contained and set forth in each deed, conveyance and mortgage that this grantor or its successors in interest may hereafter make and that such restrictions shall run with the land in the particulars hereinafter stated, to wit: ARTICLE I DEDICATION; RESTRICTIONS 1. Establishment of Restrictions. The Property is now held and shall hereafter be held, transferred, sold, leased, conveyed and occupied, subject to the covenants, conditions, restrictions and easements set forth in this instrument, each of which shall run with the land and shall be binding upon the inure to the benefit of each and every parcel of the Property, and each of which shall apply to and bind and benefit and may be enforced by the owner of each or any parcel of the Property, and the heirs, assignees and successors in interest of each and every owner of a parcel or parcels. 2. Utilities. Any company or agency supplying electricity, gas or communication service to any parcel in said addition shall have the right to construct, maintain and operate permanent underground gas, electricity, or communication feeder or service facilities, within the easement lines as shown on the plat of said addition attached hereto. Further, the City of Waterloo and any public company having a franchise for the distribution and sale of gas, electricity, water or communication service in said City shall have the right to construct and maintain underground sewer, water, gas and communication service lines within the easement lines as shown on the plat attached hereto. The proprietor, agents and workmen of all such service corporations or agencies shall have the right to reasonable access to their said services and installation for the purpose of the proper construction and maintenance of their lines and equipment. ARTICLE II USE OF THE PROPERTY 1. No Direct Access. There shall be no direct access allowed onto Martin Luther King Jr. Drive from Lot 4 or Lot 9 as shown on the attached plat know n as Northeast Industrial Park Plat No. 4. Page 297 of 327 Permitted Use. Unless otherwise specifically prohibited by the City of Waterloo or other governmental agency, permitted uses shall be distribution warehouse, office facilities, technological or business operation, manufacturing, assembly facility, laboratory and research. 2. Uses Not Permitted. The following uses are expressly prohibited: Auto salvage yard, feed and fuel yard, poultry or meat killing, poultry or meat processing plant or residential use. This is in addition to limitations called for in the zoning restrictions or ordinances applicable to the Property from time to time. 3. Other Conditions Not Permitted. Any facility or operation which causes a nuisance due to noise, odor, rubbish accumulation and/or release of hazardous materials shall not be permitted. 4. Temporary Structures. Temporary structures will be allowed to be used only as construction offices and/or small tool sheds. The temporary structures are to be removed within two (2) years after placement. ARTICLE III DEVELOPMENT STANDARDS 1. Vehicle Parking. All vehicle parking requirements must be provided for within the property boundaries and shall be set back from all property lines with street frontage a minimum of fifteen (15) five (5) feet. On -street parking will not be permitted. 2. Truck Parking and Maneuvering. The truck dock and maneuvering area must be to the rear or side of the building. The maneuvering area for trucks must be such as to allow for the truck to back up to the buildings without using the street as part of the maneuvering area. 3. Pavement Requirement. The entire area for auto parking, truck parking and maneuvering shall be paved. Empty truck parking area may be gravel. Outside storage area, where approved, may be gravel. 4. Outside Storage. Outside storage ,-ill not be allowed, unless it is totally screened and in the rear yard only. Outside storage is allowed where approved through the site plan review process, and may be gravel. 5. Display Space. Outside display of a product, material and/or equipment will be allowed, provided that these shall not be more than three (3) such items in the front and side yards combined. 6. Landscape. The entire area that is not covered with building and pavement must have grass/landscaping in accordance with City of Waterloo requirements. 7. Building Materials. All exterior faces of buildings shall be finished. An expansion wall of different materials may be approved through the site plan approval process. 2 Page 298 of 327 8. Fences. Where fences are to be installed, the fence shall be located entirely on the subject parcel and shall not be closer than ten feet from the street's right-of-way, and the area between the fence and the right-of-way shall be grassed and landscaped. The finished side of any fence shall be placed in such a manner as to face outward from the property. ARTICLE IV ORGANIZATION AND APPROVAL 1. Plan Approval. Proposed site plans will be reviewed through the City of Waterloo site plan process. Existing owners of land in the subdivision shall be notified of the plan review process at the time said plan is submitted to the City for review. 2. Time of Covenants. Unless otherwise extended or removed, these restrictions shall be applicable for a term of twenty-one (21) years commencing upon the recordation hereof and thereafter may be renewed as provided in Iowa law. At any time, any of the restrictions may be terminated by written agreement joined in by the owners of 90% in area of the land subject hereto. 3. Amendment. These restrictions may only be amended in writing by the agreement of not less than the owners of 90% in area of the land subject hereto. Any amendment to these restrictions shall be recorded. Dated this day of , 2018. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: STATE OF IOWA ) SS. BLACK HAWK COUNTY ) Kelley Felchle, City Clerk Acknowledged before me on , 2018 by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 Page 299 of 327 715 Mulberry May 29, 2019 1,11 111 T Waterloo, !A 50703 Phone (319) 291-4312 Fax (319) 29t-4262 Email: eity.engincerAwaterloo-ia,org JAMIE KNUTSON, PE City, Engineer Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Han Waterloo, IA 50703 RE: FINAL PLAT NORTHEAST INDUSTRIAL PARK PLAT NO. 4 Dear Aric: This final plat has been reviewed, an it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordi ance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis J. Gentz, P.E. Assistant City Engineer WORKING FOR YOU! 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IIIPiINull 1 1 1 l� l'' 111111 lllllllllllllll l l l l l l p l l l l l l l l l l l l l l l l l l l I h I II (IIIIIIIII II IIIIIIIIIIItlllll I � I I III II ffff Iglu, II �� JJII Ild XCY�ill Y�lr(l�r�lo11111Y(I l.,llllll(,I IIlrIk III„moo 1111°'I ,,"""'IIIIIIIIII,,,,,II""II r • (IIIIIII' uull ,,,»»»»»»» I »»»uuuuuuulluuuuum mllllllllllllll iiiiiiiiiliillllllllllllllllllllllllllllllll1111lll1111j1�lllllll IIIIIIIIIIIIII ll0000uo000000uuuuul000l0000fii00000lii Looking north from MLK Jr. Drive at the eastern area to be platted and at the area where the drainage way falls. Page 301 of 327 Northeast Industrial Park Plat No. 4 111 oYdum''i111,,v,1I'N°' Ih dl Ir "M ue ���rn0i� � �^!^II�����d II"md K' IV NW��'u,YNNu �I° Im M N^�7,11l HII N"f d�,y,�;I� I a�l�i � uldN ��I a rlw,dr"r tll�uYa�lo I "��,ulo":91 uil �YIa�Y""�nm�MlRl� "I�i�Wd�IIV"Vll��ii r r " � II I Il�lulu r , Looking south from Newell Street at areas being graded on the site that will be platted. ik4 Illi%muuul^mNIIIIIIIII1111,1jj111,,»IIVVpummilliil ulii;l IIIIIIIIIIIIIIIWIlY!! -', IIIIIrhIN IYrmIIIIII)))))Iluuuullppuuuuu wfffffllllpllllVplllll ll.r tl ,r �NIGII hlI"^,ray jt G��po'rvVGpy1(�(p j�l'n,^Ili,�� u � I��I IrlV �fidi��1 1 ilyliV4�I;M1iV' 1�I fi it ,, e I ,n,„�d��m �II�G�I�aNY y;r, �alq,`�ulylr'm`JMMli y y71� IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII1111»°°ullll �IIIII rill„r„ill {;1111111 muuuuulVuuullllll " r„r, ���muuuuilll/l/IIIIIIIIIIIIII ,ru,,,,rr l..,I rrrr "rrrrlharn / "Ul! 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Looking southwest from Newell Street at areas being graded on the site that will be platted. Page 302 of 327 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) . APPLICATION INFORMATION: a. Applicant's Name (please print): Address: I el. k zPhone: 311 Ci State: L Zip::„.. 2 b. Status of Applicant: Owner (b) Other X, (CHECK ONE): If other explain: 07: 11,1 c. Property Owners Name if different than above (please C70 OUR 100 print): Address: Ci - 0** 2. PREPARER INFORMATION: State. 11'111111,11 Phone: e a. Preparer's Business Name ease pri: Primary Preparer's Name: Zr Phone: i1 11,00, t Zip: ',50q 105, • 6 E-mail: 3. PROPERTY INFORMATION: a. b. c. d. e. Name of Plat: General Location of Property: e, 41, - Area of Proposed Plat: 1 1111 ..c L 1. Area of Proposed Plat to be dedicated/conveyed to the City. Value of area to be dedicated/conveyed to the City: Zoning District(s): i.ere *uuuuu*' 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six (6) copies of the Final Plat which are in conformance with Section 11 o the Subdivision Ord. (also submit a digital copy of the plat in PDF format) c. Three (3) copies of Deed of Dedication (must be original signatures) d. Three (3) copies of all Contract, Petition and Waiver forms (must be original signatuies) e. Three(3) copies of Certificate of Survey (must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improve el ts: Estimate Actual Total Cost Storm Sewer Sanitary Sewer Paving Land Dedicated TOTAL The Request Fee of 5215 + 510 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and penalty of peijury that all information on this request and submitted along with it is true and correct. All information 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 hi. question in regards to the request. Signature of Applicant Date Signature of Owner Date Page 303 of 327 CITY OF WATERLOO Council Communication Resolution approving Assignment of Payments Agreement between the City of Waterloo, Deer Creek Development, LLC, and Lincoln Savings Bank, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department P ian n.ing & Clerk Office ice Reviewer Schroeder, oeder, ..ric Even, 1..e..n ATTACHMENTS: Description A..ssignmen:t A, SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Action pprovc Approved Type Cover Me lo Date f5/29/'.01 ,,,,,, 10:39 AM 5/29/201( ,,,,,, 10:d 1 A M: Resolution approving Assignment of Payments Agreement between the City of Waterloo, Deer Creek Development, LLC, and Lincoln Savings Bank, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve the Resolution The City of Waterloo has an active Development Agreement with Deer Creek Development, LLC for the provision and repayment of infrastructure in the Greyhound Park area. Lincoln Savings Bank and Deer Creek are requesting the submitted agreement to allow for financial methods on their end to allow for both parties to be named on the payment checks. No new expenditures from existing agreement The payments are paid from TIF funds from new development in the district. Economic Development NA The City of Waterloo entered into a Development Agreement with Deer Creek Development, LLC a number of years ago for the provision and development of the former Greyhound Park area. The approval of this agreement will allow proper tracking of exp end iture s . Page 304 of 327 JOINT OTI CE TO THE CITY OF ATEALOO OF SS1GNMENT OF AGA ME T AYMENTS GE E T AN ACCEPTANCE t Y THE CITY OF WATERLOO 1. The undersigned, Deer Creek levelopment, LLC, an Iowa limited liability company ("1eer Creek"), and Lincoln Savings Bank, an Iowa domestic bank ("LSE), have this day agreed to an assignment by Deer Creek to L llpments payable to Deer Creek under that certain Development Agreement entered into as of October 13, 2006, as amended by an Amendment to Development Agreement entered into as of July 7, 2008, a Second Amendment to Development Agreement entered into as of March 14, 2011, and a Third Amendment to Development Agreement entered into as of August 15, 201(3 (collectively, thel)evelopment Agr-ement"). A cosy of the Assignment is attached hereto. 2. This i notice from Deer Creek and LSB of the Assignment Agreement and that all monies under the Development Agreement are assigned to LSB. Commencing with the next payment and for future payments, all payments should e de payable as follows: Deer Creek Development, LL an Lincoln avi ,gs Bank. Payment shod be sent or delivered to 0 4,5 / . 4 CIP 9' Dated: D ER CREEK DEVELOPMENT, C: LINCOLN SAVINGS BANK: The City of Waterloo acknowledges receipt of this Joint (Ace and t e attached Assignment Agreeme, and acknowledges acceptance of the assignment of all payments under the Development Agrel-ment by Deer Creek and the instructions for payment thereof. The City of Waterloo further acknowledges it entered into an Estop el Agreement with Deer Creek on May 17, 2017, ant since the date of said Agreement is not aware of any information which would change its representations and statements therein. Dated: CITY OF WATERLOO: Page 305 of 327 CITY OF WATERLOO Council Communication Resolution approving an application to the Black Hawk County Gaming Association for a grant in the amount of $150,000 in conjunction with the Waterloo Skatepark Project. City Council Meeting: 6/3/2019 Prepared: 5/27/2019 REVIEWERS: Department 1 deisure Services Clerk Office Reviewer fluting, 1naull venv 1..,eA]ITifl ATTACHMENTS: Description ▪ Skatepark images ▪ :.... ]: Gaming ° kale Ji°m SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Approved Approve 1 Type Cover Cover Date 5/28/2 ,,,,,, 1:06 P 5/2 9/2 1 0 :41 d AM Resolution approving an application to the Black Hawk County Gaming Association for a grant in the amount of $150,000 in conjunction with the Waterloo S katep ark Project. Submitted By: Paul Huting, Leisure Services Director Recommend Approval This is to authorize submission of a grant request to BHC GA for $150,000 for a new skatepark project. Design work has been done for a new skatepark to replace the Riverside Skatepark that was destroyed in the flood of 2016. The project cost estimate is $350,000. $75,000 in City funding match is required for this grant. $75,000 funding for match is available in CIP (GO bonds). $100,000 has been awarded for this project by the Otto S choitz Foundation. Approximately $2,000 has been raised by the C edarLo o Skateboard Association. A grant application to the Wellmark Foundation is currently under review. This action supports the City of Waterloo Strategic Plan Strategy 1.7 " Seek ways to create a live, learn, work, and play environment that attracts and retains population in Waterloo". Leisure Services plans to replace the severely flood damaged Riverside Skatepark with a new park located near Straub Baseball Field at the intersection of Park R d . and Lafayette St. The new park site will be protected by the existing flood control levee. Page 306 of 327 uuuuil luluuuumu liul 11 l l 111111111111111111111111111111111111 l�llllllllllllllllllllllllolllllllllllll JA�IIIIIIIIIIIIIIIIIIIIIIIIIIIII"""""" ' ��;�"IjN�llll!u 1000 �gml�l' 01111 1111111111111 �lllllll�llluuulmlulouuuul�.., 1111111111111111111111111110,11'.' u. 0140 'IN1�III�l�7� 111111111, ,:,11,1,1,1111111111111.,j11,),000,111,11i wlu uiiliplllllplll��'�� mm 1.11 00000000, Lu 0,011000000,,,,,,,00000110000000 I1 1.)llVlIIII�IJM4�S tiapliUl 111 0000 000000' 101 1011000000000000000000000000 (IMi IIIIIII�II�M'I�� I j11,11 l�„I�,jjjllllll,lllllllllll�i�lll Ihlllll9111111111�111�111��11� �M'I,II.. ��j'I°1�III'�.iijI�IJ1111llllllli'IIIPIII �'�' r u ylpulllll�l��lll �I�ffi�1(� II ll,llllllllllll IIIIIIIIII I II IIIIIIIIIIIIIIIiIC uliu�V!1'.pli�i1 pJui°°+qp!u 111uu0,, 1111111111111111111111 11111 1111111111111111111111111111111 1111111Hm1111111111 111111111111111111111111111111111 IIIIIIIIII111I11111l1lll)1)IIIIIIIIIIIIIII111111 111111111111111111111111111111111 111111111(,,," WIIIIIIIIIIIIIIIIIII!!!! Illllli fIIIIIU!!U!U!!!U!! 1111111111111111111111111111111 1111111111111111111111111111111111111111111 0000llglNm000rii 11111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIII 111111" IIIIIIIIIl1' 1l111111llll111111lllll111111l IIIIIIIIIIIII 111 111111111111111111111111 11111 111111111111111111111111111 111111111111111111111111111111111 11111111 111111"' �� IIII cull' RI"R�i& �NR�.�fIFRm �.p S u H1".J `".. '.. I .\ ..;H RI hw;IrY a ,7;,,,lan,7br::,,111°::owA SPOHN RANCH RIVERSIDE SKATEPARK CITY < F W'AII-ll1.00, IOWA 11111111 SPOHN IRA ICH RIVERSIDE SKATEPARK 01E WATERLOO., IOWA I'I� �Ilnl i III'iiil;i, w l u IKY ,11,11I,hh 1111l 1111 fy. X111 � 1 Ing_ omlpmdil, , �1 lI11 1f rr" ulmY ,. V IIII WADY mmmuuulill „ool000000000 , ,,, III�IIII mu+rcauuuu gni 1puuuu uuu illl6 ;,� I Igly�Il, fI���R����Y11���I�yI�I�IWI �lIII,Iiffl I Illom IINpW^I'I'I noun ;-;r�v�o NIVIVVJ'NII,,"' llij�tl� III I1 1' �1 ppI 0,11111,11IVIVIVIVuuuuuum plp 1��YHh0w111,) IIWiM1I I��IVIyYI 1Y111111111 y1111111111'1111111111 1I111II111II11llI191;'' 111111111111py In �tl 14114'111111 iI pol1l'I,00, ,ISPOHN RANCH RIVERSIDE SKATEPARK CITY 0f WATERLOO, IOWA, wwF'R SIO:" ' IIN R R.A.Y J w H IVER5IDE SIKATTP'ARK 1111 dI�,V I'p 1�����lllu 11111111111111111111111)I� wu ill % IWIY Yr>ti�o aaaaaaaaaa+++�'li ���� (idmlulull �iu,, +u q uuum; 111 r��I uu„NlNgllo�hll�� �' u11111111111u111111NN1111u11 000ll Bob Etringer 1101 Campbell Waterloo, IA 50701 lfl 1101 Campbell Waterloo, IA 50701 PrnLd (111)r•L 2019 0: 319-291-4370 F: 319-291-4297 bobetringer@waterIoo-ia.org Page 309 of 327 11, h o r rr 10,111411,11111t 1,1100.11 00,1011 ttlA L.0. .AIV Project Tifle* Please keep as short as possible as the Project Title will be used as a reference throughout our process Waterloo Skatepark roject County of Servke* ONLY requests from or anizations within Black Hawk county are accepted this cycle. Black Hawk Amount Reel ueste Please enter the amount re 1111 uested with only a decimal point, no other characters other than numbers. For example; enter Amount Re uested as 1000.00 and not1000 and not$1 000..00, $150,000.0 1 r ec $350,000.00 pital irnproveern nts 09/3" .11'2019 r o /30/2020 rte Program Area Parks/Recreation S o s Related \pr ',,?..01,,y) ',.0::,k).rk)q,:,!„, 201 Page 310 of 327 Goals and Objectives' The primary goal of this project is to provide a new skatepark for arca youth to replace the existing flood damaged and unusable skatepark. Another goal is to better meet the recreational needs of our community. This can be accomplished by making the new skatepark more accessible and inclusive, designed for use of sport wheelchairs and bikes in addition to skateboards. A third goal is to construct a facility that is durable and in a suitable location. This goal can be attained by building the new skatepark with concrete instead of wood, and by locating it in an area that will not be subjected to flooding. A fourth goal is to alleviate the problem of skateboarding in prohibited or unwelcorne areas. Providing a state of the art skatepark with innovative features will help accomplish this goal. Other Fund g Sources Generally BHCGA prefers projects with matching funds raised or committed prior to submission of the grant application. The City of Waterloo has $75,000 in General Obligation Bonds currently set aside for this project, with a portion of that amount currently being expended for planning and engineering. A $100,000 grant request has been submitted to the Wellmark Foundation and is currently under review. A seconi $100,000 grant request has been submitted to the Covenant Foundation, also currently under review. History would show that partial amount awards from those sources are likely, prompting the request amount .from. BHCGA. Additional applications will be submitted for grants or gifts to additional funders including Leighty Fund, McElroy Trust, and others to fill any remaining funding gaps. Project Timelines''. A skatepark design firm from California was retained in December of 2018 (at City expense) to gather public input with meetings and social media and to create a design for the new Riverside Skatepark to be located next to Straub Field. A geotechnical survey was also completed (City expense) for the site. The design firm set up a dedicated Facebook page, held a public design workshop on January 29, 2019, and have nearly completed design as of mid- March, 2019, utilizing public input. Fundraising has begun with a Wellmark Foundation Grant application submitted in January, 2019 and a Schoitz Foundation Grant application submitted in February, 2019. The planned construction timeline is for groundbreaking to occur in late September of 2019 with project completion in late September of 2020. Denial Comments If this request for funding is denied by Black Hawk County Gaming Association, the reason will be listed here. 11 Grant Number starting with 01 at the beginning of the new fiscal year, number submitted requests/LOI's consecutively. 1,,HolhO „IrA-1 Page 311 of 327 plic No files .0,000,00 t c nt file ere up o ded rn PI ,110, dc 1 Ti cI 111 Page 312 of 327 CITY OF WATERLOO Council Communication Resolution approving award of bid to K. Cunningham Construction Co., Inc ., of Cedar Falls, Iowa, in the amount of $1,258,033.34, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/3/2019 Prepared: 5/29/2019 REVIEWERS: Department Reviewer Action Date v Engin eerin g K...n utson y j am % Approved ,,,,,,m( 19 ...... 9:AM 2 Clerk office Even, .I....,e.Ann .A.pproved 129/2 9 ,,,,, 9:42 AM SUBJECT: Resolution approving award of bid to K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, in the amount of $1,258,033.34, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Dysart Road and W. 2nd Street Reconstruction Program, Contract No. 970, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Dennis Gentz, PE, Assistant City Engineer Source of Funds: Page 313 of 327 CITY OF WATERLOO Council Communication Resolution approving a temporary stop sign located at the intersection of Reber Avenue and Kimball Avenue for up to four (4) months due to the W. 3rd Street construction detour. City Council Meeting: 6/3/2019 Prepared: 5/30/2019 REVIEWERS: Department Reviewer Action Date 'iW . .11. ; Opera i- 'Nancy- Approved 5/3 /2 3:46 P M SUBJECT: Resolution approving a temporary stop sign located at the intersection of Reber Avenue and Kimball Avenue for up to four (4) months due to the W. 3rd Street construction detour. Submitted by: Submitted By:Sandie Greco, Traffic Operations Director Recommended Action: Approve Resolution Summary Statement: Policy Issue: Due to the detour for the construction on W. 3rd St. traffic control is needed on Reber Avenue at Kimball Avenue. Strategy 2.2: Enlist all City department and staff members to promote a safer community. Page 314 of 327 CITY OF WATERLOO Council Communication Board of Adjustment minutes of March 26, 2019. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department Reviewer Action P laming & oning Schroeder; A.ric Approve Clerk Office .11i.gby, -.Nancy Approve ATTACHMENTS: Description B OA... 3/2,6/19 .minutes Type Cover "Memo SUBJECT: Board of Adjustment minutes of March 26, 2019. Submitted by: Submitted By: Date 5/28/2 4:47 P M 5/28/2.019....4S3 Ir.)1M. Page 315 of 327 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MARCH 26, 2019 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Brad Condon, Jeri Thornsberry, John Beckman, and John Chiles. Board members absent were: April Leadley. Staff in attendance was: Aric Schroeder. I. Approval of the March 26, 2019 agenda. It was moved by Beckman and seconded by Thornsberry to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, January 29, 2019. It was moved by Thornsberry, seconded by Chiles to approve the minutes of the January 29, 2019 Regular Meeting with amendments. Motion carried unanimously. III. Decision Items 1. Request by Cindy Huffman for a temporary variance to allow for an accessory structure without a principle permitted use for a two year period in an "R-2" One and Two Family Residence District, located at 161 Belle Street. Schroeder gave the staff report noting the staff recommendation of approval of the request. Cindy Huffman, 161 Belle St, noted she did not have any additional comments. Condon asked if the garage was built before the house. Huffman indicated that the garage was built after the house. Condon asked if there was a mortgage on the home, as this could affect her ability to split the property. Hoffman indicated that there was not a mortgage. It was moved by Beckman, seconded by Thornsberry to approve the request for a temporary variance to allow for an accessory structure wihout a principal permitted use for a two year period in an "R-2" One and Two Family Residence District located at 161 Bell Street for the following reasons: 1) The request would appear to be somewhat unique as it would be a temporary variance that will allow the applicant time to build a new home or to sell to a buyer who will build a new home, 2) The request would not appear to have a negative impact upon the surrounding area, or traffic conditions in the area as the property is located on a dead end that sees very little traffic, and 3) Staff has heard no opposition to the request. And subject to the condition that the applicant agrees to demolish the garage if a new home hasn't commenced construction prior to the two year temporary variance expiring. Motion Carried unanimously. 2. For discussion/possible board action — action on a December 2019 meeting. Schroeder noted that the regular meeting date falls on December 24, which is a legal holiday for the City of Waterloo. Schroeder noted different options for a December meeting, including moving it up to the week before, moving it back to the week after, or canceling the meeting. Thornsberry suggested that it is typically a slower time for requests, and if it were canceled now, that gives plenty of time to get the word out that the meeting will be canceled so that people with potential requests are aware they will either need to make the November meeting, or it will have to wait to the January meeting. Page 316 of 327 BOARD OF ADJUSTMENT January 29, 2019 Minutes It was moved by Beckman, seconded by Chiles to cancel the December 2019 meeting of the Board of Adjustment. Motion carried unanimously. III. Discussion There was no further discussion. IV. Adjournment It was moved by Beckman, seconded by Chiles to adjourn the meeting at 4:14 p.m. Motion carried unanimously. Sincerely, Aric A. Schroeder City Planner Page 317 of 327 CITY OF WATERLOO Council Communication Complete Streets minutes of April 16, 2019. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department Reviewer Action Date � a P .aan ming &"''. �� �iiaiim. Schroed er, A.ric Approve ('5/28/2 „:,,, 7 LJerk Office i m Nanny Approve 5/28/201. „as ATTACHMENTS: Description Co m p i ete Sire mfg in m,:t 4/16/19 SUBJECT: Type Cover M em..o Complete Streets minutes of April 16, 2019. Submitted by: Submitted By: Page 318 of 327 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting April 16, 2019 Meeting was called to order of the City of Waterloo Complete Streets Advisory Committee at 1:30pm April 16, 2019 by Chairperson Cass in the Mollenhoff Room, City Hall, 7:15 Mulberry Street. Roll Call: Members present were: Felicia Cass, Will Frost, Pat Morrissey, Brian Schoon, Wayne Castle, Codie Leseman, Paul Huting, Ray Feuss, Aric Schroeder and Mohammad Elahi. Members absent were: Dan Trelka, Jessica Rucker, Jeff Bales, Kevin Blanshan, Abraham Funchess, and Greg Young. Also present: Larry Wiele — AECOM; Mark Kuiper — Kuiper/Ritland; Sandi Greco — Traffic Operations Superintendent; and John Dornoff — Planning and Zoning Staff. It was moved by Morrissey, seconded by Schroeder to approve the minutes of the March 19, 2019 meeting. Motion carried unanimously. Jefferson/Commercial • Mark Kuiper from Kuiper/Ritland and Larry Wiele from AECOM went over the proposals for the Commercial/Jefferson streetscape program. • Jefferson and Commercial are important connections in town. o Support recent private investments. o Provide East/West connections. o Creating a loop between TechWorks and the commercial districts. o Increase parking on 2nd • There will be a new street crossing between the east and west sides of Jefferson between Winterbottom and the Courtyard by Marriott. • 10' Foot trail on the east side of Jefferson north of 1St street. • Tying into the enhancements along US Highway 63. • North of 1St will be done this year, the rest of Jefferson in 2020, and Commercial in 2021 after street reconstruction is done. • Going to try a product that is designed to reduce weeds. o Cleaner than using crates. • Will use bricks on the corners. • From Highway 63 north the improvements will not affect roadway, all will be back of curb improvements. • Pedestrian lighting along Jefferson with nautical theme to the north and more modern fixtures to the south. • The city is responsible for trails — anything over 5' wide. • Will create pedestrian route from the Courtyard by Marriott to Young Arena since the Courtyard has been attracting a large number of hockey teams. • Need to redesign the parking lot for sports plex to make the crossing safer to the building. US Highway 63 • Four Iowa DOT projects: o South — Jefferson to Franklin. o Middle — Franklin to Newell. o Enhancements — south of the river. o Enhancements — north of the river. • Enhancements on railroad bridge will include the trail along with limestone fixtures. • Trees and lighting on trail and culvert under the bridge. • Adding streetscaping items. • Looking to make improvements under US Highway 218. • Looking to put more lighting under the bridge. Page 319 of 327 Complete Streets Advisory Committee April 16, 2019 • Negotiating with the city on design. Lincoln Park • Bid by Woodruff Construction was lower than expected. • Classic design for park with period pedestrian fixtures. • 18' wide cement walkways. • Whimsical Chess Board with regulation chess boards also. • Dane chimes in the center area. • Giving to create a Central Park feel. • There will be nothing permanent at Mulberry and Park due to the number of vehicles using the point for event staging. • Looking to use remaining money on additional amenities such as fiber to city hall for cameras. Marina • Using transportation alternative funds to create a marina for kayaks. • Funds could be available by October. • Possible Curling facility behind the Courtyard could create a sports area. • Long term looking to have a building with retail to serve the marina and bike traffic. University Avenue • Contractor working on the remaining portions of phase 1 including the trails and sidewalks. • Phase 2 will take place this year and next. • Phase 3 will let next winter and be the final phase including the Leland connection. • The final design on the trail connection to Greenhill Road has not been finalized as the bridge over Greenhill will be part of phase 3. Ridgeway Traffic Study • The study started today (April 16) and will take one year. • The study will look at US Highway 63 to Kimball and there are no plans to continue the study east of Kimball. • The contractor will come back with a variety of options and solutions to the corridor. • Pedestrian and cycling needs will be looked at in the study. 5th16tn Street Conversion Study • The traffic department has no plans to do a study and make the streets two-way. • CIP may have money for the study. • Greco questions the need to make it two way and notes that it will be an extensive project since it goes from six -corners to MLK, JR. Drive. • Morrissey explained the talk of a two way conversion started with the study to improve the traffic lights and the idea has been pushed by David Deeds and Will Frost, amongst others, with indication that conversion of one-way streets to two-way helps promote economic development of the area. Sidewalk Policy • Cass, Schroeder, Knutson, and Castle met and discussed the infill policy. • Currently drafting policy. • Once policy is done Knutson will take it to the Mayor to see what the next step should be. • Two prong approach: one with street recon and one with small less than a block projects. • Also need to look at updating the Subdivision Ordinance that is 41 years old. 2 Page 320 of 327 Complete Streets Advisory Committee April 16, 2019 Planning Commission • There is a rezone along Elk Run Road on land that the city annexed last year. Discussion ensued about the travel needs to both John Deere and Tyson. John Deere employees would like to see a trail along Donald but there are many difficulties due to the narrowness of the road and ditches. • Proposal to vacate a portion of Bluff Street that has not been used for many years. La Porte/Hess • AECOM has been selected as the consultant. • MPO/Federal aid funding. • New rules so funding swaps cannot be used for studies but can be used for preliminary design. • The project will be at least two years out. • It was stated that bike and pedestrian accommodations need to be stressed in this project since there is very poor access in the area currently. Park and 11th Street Bridges • Stanley Consultants will do the consulting on the project. • Funding for the project has not been announced yet. Morrissey Observations from Italy • There are small roundabouts all over Europe. • The European Union has a priority statement that says roundabouts will be the first priority. • All the roads Morrissey observed in Europe were asphalt. Discussion • Leseman's presentation on heat maps will be moved to the May meeting. • May 8th Morrissey will have meeting with Elahi to go over final bike ordinance proposal and then there will be a work session on May 13th • CIP Update in May. Adjournment Cass adjourned the meeting at 3:25p.m. Respectfully submitted, John Dornoff Planner I 3 Page 321 of 327 CITY OF WATERLOO Council Communication Historic Preservation minutes of April 16, 2019. City Council Meeting: 6/3/2019 Prepared: 5/28/2019 REVIEWERS: Department Reviewer Action Planning & oning Schroeder; A.ric A.pprovc Clerk Office Ihghy Nar.icy Approve ATTACHMENTS: Description HP linutes of 4-/16/19 SUBJECT: Type Cover Memo Historic Preservation minutes of April 16, 2019. Submitted by: Submitted By: Date 5/28/2 4:47 PM 5/29/2019 10:36 AM Page 322 of 327 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — April 16, 2019— 4:30 P.M. Mollenhoff Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance were: Ottesen, Stevens, Miller, Jenson, Hedrick, Rohret and Morehouse. Commission Member(s) absent were: None. Others Present: Bethany Gladhill and Patrick Rhone — Thomas Zahn and Associates; Terrance Hollingsworth and Chris Fischels — citizens; Bob Neymeyer — Grout Museum, Pat Morrissey — City Council Representative and John Dornoff — Planning Staff. At the Center for the Arts: Commissioners in Attendance: Ottesen, Hedrick, Rohret and Miller. Kate Umlauf — Louis Berger and Associates, and 10 citizens were present at the Walnut Public Hearing at the Center for the Arts. Approval of Agenda Motion made by Jenson, seconded by Morehouse to approve the agenda of the April 16, 2019 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Stevens, seconded by Miller to approve the minutes of the March 19, 2019 meeting. Motions passed unanimously. Update from Civil Rights Grant Project Consultants —Thomas Zahn & Associates Bethany Gladhill and Patrick Rhone from Thomas Zahn & Associates were present to give an update on the Civil Rights project. Three of their team were in town 6 weeks ago and spent time at the Grout Museum and met with Planning Department Staff. They also went to the African-American Museum in Cedar Rapids. The big discovery there was a graduate student dissertation done in the 1990's that gives an extensive history of African-Americans in Waterloo. They had a great conversation with a lady in the Triangle that owns 4 rental homes and is concerned that here family has moved away and she does not know what will happen to the homes when she dies. There was a good conversation with Neymeyer about where the project should go and what does the consultants feel the final product will be. -1- Page 323 of 327 They are looking at buildings such as Rath and the Russell Lamson to modify their current nominations or possibly nominate other buildings such as East or West High Schools if the School District would be willing. It was also suggested to look at the connections with the Highland Neighborhood. Hearinjs Request by CRF Rentals for a Certificate of Appropriateness for a new roof at 1212 Vine Street. Dornoff read the staff report. Chris Fischels with CRF Rentals noted he is in the process of buying the house and has purchased the house next door which is not in the district. Would like to use a lighter color of roofing so that the roof will last longer. The roofing material is not original so changing the color is not an issue. Fischels also got input on the siding that is ok now but may eventually need to be replaced. Motion made by Miller, seconded by Hedrick to approve the Certificate of Appropriateness for 1212 Vine Street. Motion carried unanimously. Recommend approval of listing the Walnut Neighborhood to the National Register of Historic Places. Dornoff stated that he would like the hearing opened here then would move to the Center for the Arts for public input. Public Hearing was moved to the Center for the Arts. Kate Umlauf — Louis Berger; Bethany Gladhill and Patrick Rhone — Thomas Zahn and Associates; and 10 citizens. Umlauf gave a presentation on what the consultant has discovered in the neighborhood and the background of the nomination. Motion made by Miller, second by Rohret to recommend the listing of the Walnut Neighborhood to the Nation Register of Historic Places. Motion carried unanimously (Jenson, Morehouse voted by email) Reports 1. Main Street There was 6 design reviews at the last meeting which was the record for the most in a single month. -2- Page 324 of 327 2. Silos and Smokestacks. No Report. 3. Grout Museum No Report 4. Building Update Dornoff noted that there the Foster building is getting interest and may be redeveloped. 5. Project Update A public meeting on the Smokey Row project will follow the next Historic Preservation Commission meeting on May 21St 6. Highland Miller said the plaques will be up soon. Discussion Items/Possible Actin Items 1. Banquet 2019 The banquet is set for May 2. School Art Project 9th, Morehouse stated everything is set up and ready to go. Stevens noted that there are no art programs at Bungler Middle School but she got the flyers out to all of the Middle Schools and so far has two submittals. 3. Preservation Iowa Preservation Iowa Summit will be from June 6 to June 8th, 2019. Dornoff will attend on June 6th including a CLG roundtable. Adjournment Ottesen adjourned the meeting at 7:00 p.m. Respectfully submitted, John Dornoff Planner I 3 Page 325 of 327 CITY OF WATERLOO Council Communication Communication from the Waterloo Technology Services Department on the notice of the conclusion of employment for Marc Cashman, Cable TV Production Assistant, effective May 17, 2019, with recommendation of approval of payout of $4,269.06 for unused benefits. City Council Meeting: 6/3/2019 Prepared: REVIEWERS: Department Reviewer Action Date Human .an R...eso ,. rces D. u.nn., 1....,ance Approvc > 0 1 v 5:08 PM Clerk Office 11 1byy'Nancy Approved 5/29/201, (.. M:4-0 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Technology Services Department on the notice o f the conclusion o f employment for Marc Cashman, Cable T V Production Assistant, effective May 17, 2019, with recommendation of approval of payout of $4,269.06 for unused benefits. Submitted by: Submitted By: Page 326 of 327 CITY To: City Council Members Re: Notice of Severance Department Job Title/Classification F CITY HALL Technology Services ATERLDO, 715 MULBERRY STREET 50703 NO I WA Today's Date: 5/28/2019 Effective Date: 5/17/2019 Employment Date: 4/2/2007 Cable TV Production Assistant This is to report that the employment of Marc Cashman with the City of Waterloo has been severed by reason of: El Retired Disability Related 0 No 0 Yes Resigned 0 Termination El Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Vacation -Accrued Vacation -Current Usable Sick Leave Frozen Sick Leave Personal Hours Comp Time Pay Unscheduled Leave Birthday Total Hours 60 97.75 88 (x) Hourly Rate 23.75 23.75 23.75 25% Total Payout $1,425.00 $232156 $5225Q 4,269.06 Approved by Human Resoures' Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Co ncil Agenda Date: 0 Accruals DStatus 0-9 Date Date 1 Updated 6/28/11 Page 327 of 327