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HomeMy WebLinkAboutCouncil Packet - 7/22/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, July 22, 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 C ity' s property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City 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. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 319 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Margaret Klein, Ward 1 Council Member Agenda, as proposed or amended. Minutes of July 15, 2019, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as August 5, 2019, to approve a request by Lost Island Real Estate, LC, to rezone approximately 159 acres of land from "A-1" Agricultural District to "C-P" Planned Commercial District for an outdoor recreational facility, located east of 2546 E. Shaulis Road, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution setting date of public hearing as August 5, 2019, to approve the request by Reg Drew Investments, L L C, to vacate, sell and convey a portion of Fairview Avenue and alleys in Campbell's Addition, in the amount of $1.00, along with a Development Agreement, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution setting date of public hearing as August 5, 2019, to approve a request by Mike Brustkern, to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located west of 3221 Osage Road, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution setting date of public hearing as August 5, 2019, to authorize the sale and conveyance of property located north of 3105 Airport Boulevard, to Hartel Page 2 of 319 Properties, LLC, in the amount of $1.00, with a Development Agreement and Minimum Assessment Agreement for the development of a new dog daycare building, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving Variance to Noise Ordinance request from Koinonia Ministries Full Baptist Church, in conjunction with the annual church and family neighborhood picnic, to be held at 2222 Falls Avenue on July 28, 2019 from 9:00 a.m. to 5:00 p.m., including music, singing and children's games. Submitted By: Corbin Payne, Police Lieuteant 7. Resolution approving Variance to Noise Ordinance request from David Adams, in conjunction with the annual Dearborn Street Block Party, to be held on Dearborn Street between Colorado and Indiana Streets on September 14, 2019 from 12:00 p.m. to 10:00 p.m. Submitted By: Corbin Payne, Police Lieutenant B. Motion to approve the following: 1. TRAVEL REQUESTS a. Julie Dawson, Housing Authority Director Class/Meeting: Ridgeway Towers Resident Meetings Destination: Ridgeway Towers Dates: T BA 7/1/19 thru Amount not to exceed: $500 6/30/2020 b. Brian Bowman - Treatment Operation Supervisor; Jesse Gaherty - Maintenance Foreman; Brad Manahl - Treatment Operations Foreman; John Hyman - ICT Foreman Class/Meeting: Water Environmental Federation's Technical Exhibition and Conference Destination: Chicago, IL Dates: September 23- Amount not to exceed: $1,200 24, 2019 2. LIQUOR LICENSES a. Dad's Pub, 1106 La Porte Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/30/2020 b. Guddi Mart, 306 Byron Avenue Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 7/2/2020 c. Hy-Vee Gas #3, 1512 Flammang Drive Class: C Beer Renewal Application Includes Sunday Expiration Date: 8/26/2020 Page 3 of 319 d. Olive Garden Restaurante #1489, 1315 E. San Marnan Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 5/28/2020 3. Recommendation of appointment of Richard Strange to the position of Fleet Maintenance Director in the Central Garage with a starting date of July 24, 2019. Submitted By: Randy Bennett, Public Works Manager 4. Bonds. PUBLIC HEARINGS 2. Asphalt Emulsions for the City's Recycled Asphalt Paving Program. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of bid documents, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Bituminous Materials & Supply of Des Moines, Iowa, in the amount of $152,500 in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and authorize the Mayor to execute said documents. Submitted By: Randy Bennett, Public Works Manager RESOLUTIONS 3. Resolution approving Fiscal Sponsorship Agreement with the Waterloo Youth City Council. Submitted By: Mayor Quentin Hart 4. Resolution awarding contract to Electronic Engineering of Waterloo, Iowa, in the amount of $10,886, per patrol vehicle, with an hourly service rate of $75 per hour, in conjunction with the purchase and installation of FY 2020 Police Vehicle equipment, and authorize the Mayor to execute said document. Submitted By: Dave Mohlis, Police Captain 5. Motion approving Final Quantity Summary for a net decrease of $16,774.70 for the FY 2017 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 914, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by B & B Builders & Supply of Waterloo, Iowa, at a total cost of $265,612.93, for the FY 2017 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 914, and receive and file two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer 7. Resolution approving the Contracted Education Proposal for the Hartman Reserve Stormwater Education Program in the amount of $2,570.31, and authorize the Mayor Page 4 of 319 and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Resolution awarding bid to Miron Construction Co., Inc., of Neenah, Wisconsin, in the amount of $148,226, and approving the contract, bonds and certificate of insurance, in conjunction with FY 2020 Digester #3 Lid Removal, Contract No. 982, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor 9. Resolution approving Addendum No. 1 to the Professional Services Agreement with JCG Land Services, Inc., dated November 5, 2018, for right-of-way services, in conjunction with the Ansborough Avenue Widening Project, south of Downing Avenue, and authorize Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 10. Resolution approving Addendum to Agreement No. 2019-6-018 with the Iowa Department of Transportation, in conjunction with Project No. NHSN-063-6(93)--2R- 07, for the DOT to pay the City $5,500 towards two (2) detection cameras at U.S. Highway 63 and Airline Highway, and authorize Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 11. Resolution approving a temporary crosswalk and stop sign mid -block in the 100 block of E. 4th Street. Submitted By: Sandie Greco, Traffic Operations Director 12. Resolution approving Real Estate Purchase Agreement with the Bowlers Group II, LLC, for the City of Waterloo to acquire 1.408 acres of land, generally located south of 650 La Porte Road (Cadillac XBC), for the appraised price of $275,911.92, plus up to $2,000 in closing costs, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving an Amended Professional Services Agreement with Main Street Waterloo for FY 2020 in the amount of $40,000, and authorize the Mayor and City Clerk to execute said document. Submitted By: Aric Schroeder, City Planner 14. Resolution approving the Memorandum of Understanding with I N RCOG for the writing, preparation, and submittal of the Iowa Department of Transportation R.I.S.E. grant for improvements on Shaulis Road, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 15. Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 1 to remove properties from the TIF area. Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property Page 5 of 319 located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Submitted By: Noel Anderson, Community Planning and Development Director 16. Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 2, to expand the boundaries,update projects, include additional projects, update related financial information, and include other general updates to the plan. Motion to receive, file, consider and pass for the third time and adopt an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Project. Submitted By: Noel Anderson, Community Planning and Development Director 17. San Marnan Urban Renewal and Redevelopment Plan, Amendment No. 5, to expand the boundaries, remove properties, update projects and project budgets to be included in the Plan, and other general updates to the Plan. Motion to receive, file consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Submitted By: Noel Anderson, Community Planning and Development Director 18. An ordinance amending the Traffic Code by repealing Section 284, Removing Parked Vehicles; and enacting in lieu thereof a new Section 284, Removing Parked Vehicles Motion to receive, file, consider and pass for the first time an ordinance amending the Traffic Code by repealing Section 284, Removing Parked Vehicles; and enacting in lieu thereof a new Section 284, Removing Parked Vehicles. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: David R. Zellhoefer, City Attorney ADJOURNMENT Motion to adjourn. Page 6 of 319 Kelley Felchle City Clerk MEETINGS 3:35 p.m. Council Work Session, Harold E. Getty Council Chambers 5:00 p.m. Housing Authority Board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Leisure Services Commission Board minutes of June 11, 2019. 2. Planning, Programming & Zoning minutes of June 4, 2019. 3. Board of Adjustment minutes of April 23, 2019. 4. Historic Preservation minutes of May 21, 2019. 5. Communication from the Waste Management Services Department on the Notice of Conclusion of Employment for Jess Crane, Maintenance Mechanic, effective June 28, 2019, with recommendation of approval of payout of $731.70 for unused benefits. 6. Certified list for the position of Combination Inspector II, for the City of Waterloo, Iowa, Building Inspections Department, as certified by the Civil Service Commission on June 28, 2019. 7. Certified list for the position of Solid Waste Technician, for the City of Waterloo, Iowa, Public Works/Sanitation Department, as certified by the Civil Service Commission on June 28, 2019. 8. Certified list for the position of Fire Engineer, for the City of Waterloo, Iowa, Fire Rescue Department, as certified by the Civil Service Commission on June 28, 2019. 9. Certified list for the position of Garage Mechanic, for the City of Waterloo, Iowa, Public Works/Central Garage Department, as certified by the Civil Service Commission on June 28, 2019. Page 7 of 319 CITY OF WATERLOO Council Communication Minutes of July 15, 2019, Regular Session, as proposed. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Clerk 0 lac I mg b, N ancy Action Date Approved WI 5/2f ATTACHMENTS: Description Type mutes of July 1 5y " f . 9 13 ck:up atodal Submitted by: Submitted By: Page 8 of 319 July 15, 2019 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, July 15, 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: Daniel Trelka, Chief of Police 156541- Juon/Schmitt that the Agenda, as amended, Bern 1.A.3. to correct the date of bid opening and date of public hearing to read August 1, 2019 and August 5, 2019, respectively, and striking both resolutions in Public Hearing Item 3, for the Regular Session on Monday, July 15, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 156542 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 8, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, commented on several proposed changes to Title 1 of the city code that he does not agree with, including limiting the time that the public is allowed to speak during public meetings. John Sherbon, 1715 Robin Road, questioned how the reduction in valuation of large properties in the Crossroads TIF affects the minimum assessment agreements currently in place for the TIF district. Noel Anderson, Community Planning and Development Director, explained that with each of the Development Agreements currently in place for projects receiving rebates, there is also a Minimum Assessment Agreement. He also provided an overview on when and why base values are reset. Mr. Schmitt shared that he received a question from the public on how the valuation appeals by large properties in the Crossroads area impact the city budget. Michelle Weidner, Chief Financial Officer, explained how the appeals process works and explained that if an appeal is awarded in the property owner's favor, it will have a negative impact on the city budget. Mr. Jacobs thanked the Mayor, City Engineer, and Doug and Michelle with AECOM for getting Falls Avenue opened sooner. 156543 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 156544 - 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 July 15, 2019, in the amount of $$1,311,118.16, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2019-522. Page 9 of 319 July 15, 2019 Page 2 1. a. b. c. d. e. f. g. h. 2. Resolution approving the request of The Accel Group to hold the annual Accel Triathlon on July 27, 2019, at 8:00 a.m., beginning and ending at George Wyth State Park and traveling on Airline Highway and Leversee Road. Resolution adopted and upon approval by Mayor assigned No. 2019-523. 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 25, 2019 and date of public hearing as July 29, 2019 for the FY 2020 Levee Rip Rap Spraying, Contract No. 989, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-524. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Captain Mohlis Basic Financial Management Training Department of Justice, Washington, D.C. July 23-26, 2019 $1,690 Mayor Quentin Hart 2019 Annual Conference & Exhibit, Iowa League of Cities Dubuque, Iowa September 25-27, 2019 $565.00 Pat Morrissey, Council Member 2019 Iowa League of Cities Annual Conference Dubuque, IA September 25-27, 2019 $205 Todd Henrich and Chris Petersen - Building Maintenance Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Waterloo, IA December 7, 2019 (Plumbing) $330 Ed Abben, Todd Henrich, Joel Shepard - Building Maintenance Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Waterloo, IA November 23, 2019 (Mechanical) $495 Greg Ahlhelm, Building Official; Jeff Siebel, Property Safety Inspector; Bob Osgood, Chief Plumbing Inspector; Brian Baker, Chief HVAC Inspector Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Waterloo, IA November 23, 2019 (Mechanical) $660 Brian Baker, Chief HVAC Inspector; Bob Osgood, Chief Plumbing Inspector; Jeff Siebel, Property Safety Inspector; Scott Strader, Combination Inspector II Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Waterloo, IA December 7, 2019 (Plumbing) $660 Officers Bovy and Nichols Firearms Instructor School Johnston, IA July 29 - August 9, 2019 $3,530 2. Approved Beer, Liquor, and Wine Applications Page 10 of 319 July 15, 2019 Page 3 a. b. c. d. e. Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Kwik Star #723, 707 Broadway Street C Beer Renewal 7/21/2020 x Packers Inn, 201 Rath Street C Liquor w/Outdoor Service Renewal 2/27/2020 x Red Lobster #6267, 941 E. San Marnan Drive C Liquor Renewal 7/27/2020 x Spicolis Reverb, 3555 University Avenue C Liquor w/Outdoor Service Renewal 6/30/2020 x Verve Kombucha, 327 W. 3rd Street C Liquor w/Outdoor Service New 7/9/2020 x 3. Recommendation of appointment of Todd Clark, from the current Civil Service list, to the position of Mechanic in the Central Garage, effective July 17, 2019. 4. Recommendation of appointment of David Brecunier, from the current Civil Service list, to the position of Solid Waste Technician in the Sanitation Department, effective July 17, 2019. 5. Recommendation of appointment of Bob Stanley, from the current Civil Service list, to the position of Building Combination Inspector II, effective July 22, 2019. 6. Recommendation of appointment of Blake Schmitt, from the current Civil Service list, to the position of Mechanic in the Central Garage, effective July 29, 2019. 7. Recommendation of appointment of Rodney Duggan, from the current Civil Service list, to the position of Solid Waste Technician in the Sanitation Department, effective July 29, 2019. 8. Motion to approve solicitation Registration Application by Mike Mrzlak on behalf of Sons of AMVETS Post #19, 655 Cedar Street. 9. Bonds. Mr. Schmitt questioned the salary and compensation packages on the new hire recommendations A conversation ensued and the information was provided orally. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 156545 - Schmitt/Amos that proof of publication of notice of public hearing on sale and conveyance of property located north of 3488 Wagner Road, to Professional Lawn Care, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of three (3) industrial buildings, as published in the Waterloo Courier on July 5, 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. Jim Chapman, 224 Bertch, questioned if this development is located in a TIF District and if any monies will go into the general fund. Noel Anderson explained that this property is located in the Mid -Port TIF area and explained the increased taxable value that would be gained. He further explained that a portion of each of the TIF Districts is released to the schools, the county and the debt service that helps the general fund not have to pay that debt service. 156546 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 11 of 319 July 15, 2019 Page 4 156547 - Schmitt/Amos that "Resolution authorizing the sale and conveyance of a portion of City owned property to Professional Lawn Care, LLC, in the amount of $1.00, generally located north of 3488 Wagner Road, 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. 2019-525. 156548 - Schmitt/Amos that "Resolution approving a Development and Minimum Assessment Agreement with Professional Lawn Care, LLC, for the construction of three (3) industrial buildings, 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. 2019-526. 156549 - Juon/Amos that proof of publication of notice of public hearing on sale and conveyance of property located east of 1994 Newell Street, to OFI Properties, LLC, (ConTrol), in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of a 203,953 square foot building, as published in the Waterloo Courier on July 5, 2019, be received and placed on file. Voice vote -Ayes: Six. Abstain: One (Jacobs due to business purposes). Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Noel Anderson explained that staff was made aware of a wetland concern in the area that may cause the location of the building to shift therefore changing the legal description, and asks that further action on this item be postponed to a later date. Kelley Felchle, City Clerk, reminded council that the resolutions have already been stricken through an agenda amendment, so no action will need to be taken. 156550 - Juon/Morrissey that the hearing be closed. Voice vote -Ayes: Six. Abstain: One (Jacobs due to business purposes). Motion carried. 156551 - Morrissey/Feuss that proof of publication of notice of public hearing on FY 2020 Digester No. 3 Lid Removal, Contract No. 982, as published in the Waterloo Courier on June 28, 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. 156552 - Morrissey/Feuss that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 156553 - Morrissey/Feuss 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. 2019-527. 156554 - Morrissey/Feuss Page 12 of 319 July 15, 2019 Page 5 that "Resolution authorizing to proceed", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-528. 156555 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to Treatment Operations Supervisor for review. Estimate: $162,575 Bidder Bid Security Bid Amount Miron Construction Inc. Cedar Rapids, IA Co., 5% $148,226.00 Woodruff Construction, LLC Waterloo, IA 5% $167,500.00 Peterson Contractors, Inc., Reinbeck, IA 5% $172,000.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 156556 - Klein/Amos that "Resolution approving Purchase Agreement with Vessco Inc., of Minneapolis, Minnesota, in an amount not to exceed $32,147.50, in conjunction with purchasing equipment for cleaning the Easton Aeration Basin 2, and authorize the Mayor to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-529. 156557 - Klein/Amos that "Resolution approving a Professional Services Agreement with Brecke Mechanical Contractors of Dubuque, Iowa, in an amount not to exceed $17,799.48, to provide cleaning services for a period of twelve (12) months for the Methane/Natural Gas Boilers, 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. 2019-530. 156558 - Klein/Amos that "Resolution awarding bid to Shaw Electric, Inc., of Waterloo, Iowa, in the amount of $9,230.72, and approving the contract, bonds and certificate of insurance, in conjunction with improvements to the Airline Passenger Terminal Building Ceiling Lighting Replacement Project - Phase I, 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. 2019-531. 156559 - Amos/Morrissey that "Resolution authorizing the City Clerk to certify against certain parcels for unpaid weed mowing, snow removal and property clean-ups", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-532. 156560 - Amos/Morrissey Page 13 of 319 July 15, 2019 Page 6 that "Resolution approving Right -of -Way License Agreement with Arvig Enterprises, Inc., of Perham, Minnesota, allowing the use of city right-of-way for a communication system, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-533. 156561 - Amos/Morrissey that "Resolution approving request by Sam Summerhays, on behalf of the Waterloo Alano Society, to pave the parking area at 613 W. 5th Street for beautification and drainage purposes", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-534. 156562 - Schmitt/Feuss that "Resolution approving the project designs of a home to be built by Hawkeye Community College in the 200 block of Newell Street, at a budget not to exceed $137,500", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. David Dryer, 3145 W. 4th Street, questioned if the first home built has been sold and what was the selling price. Mayor Hart explained the home is not yet complete, and that the college is providing gap support should the house sell for less. Mrs. Juon commented that this is approving the designs of the second home but that it is not to commit to building the second home. Noel Anderson explained that Hawkeye is looking for the city to commit to building the second home so that they may meet the class schedule. Mr. Schmitt questioned if the gap funding offered on the first home would apply to this home as well. Jane Bradley, Hawkeye Community College Provost, explained they are currently under budget for the first home and anticipate coming in under $15,000 at completion, and that the Foundation Board has made a commitment for another $25,000 in gap funding. Mr. Schmitt asked if there will be building material donations on the second home. Jane Bradley explained that they have some donations lined up on the next home but will continue to work on gathering additional donations as interest in the project is very high. Mr. Schmitt questioned if taxpayers will break even on the home. Jane Bradley confirmed that is the plan. Mrs. Klein commented that though she approves of the project in many ways, she does take some issue with it. First being that the college is a taxable entity, so to use the tax payers dollars again to support the project rather than road improvements, infrastructure and economic development feels like double dipping. She commented that it is imprudent for the city to be involved further than providing the lot, and also believes it is not a wise venture as other charitable entities have turned down those properties citing the location was too risky. Mayor Hart commented that the $25,000 in gap funds are likely made up of donations not just tax dollars, and that different Wards have different needs and that this project has generated much hope and optimism for the future of this area. Mrs. Klein responded that if you take the $122,500 and multiplied it by the four projects originally proposed, that the money could have still been allocated for that neighborhood and seen a far wider benefit than just the addition of four single family homes. Page 14 of 319 July 15, 2019 Page 7 Mr. Morrissey thanked Hawkeye and the city for undertaking this project and commented that he supports the item. Mr. Amos commented that he feels this is a great project and will give young people the opportunity to learn a job and become taxpayers. Mr. Feuss commented that he sees this project as providing hope. Not just for the neighborhoods but for the individuals that have the opportunity to learn this trade and be a part of building an affordable home, and thanked Hawkeye Community College and other collaborating entities for allowing for this opportunity. Mr. Schmitt commented that he does not believe that a long-term economic development plan is losing $50,000 and that it needs to be improved. He further commented that part of the premise of taking this project was to help the city to relief itself of the numerous properties it owns and that it is important to move forward. He also stated he'd like to see a commemorative plaque on this project honoring former councilperson Ron Welper. Resolution adopted and upon approval by Mayor assigned No. 2019-535. 156563 - Schmitt/Feuss that "Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $15,000, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Penthouse Roof Replacement Project, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, commented that the work should not need to be designed due to the fact that these look like repairs that a contractor should be able to complete. Resolution adopted and upon approval by Mayor assigned No. 2019-536. 156564 - Morrissey/Feuss that "Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $6,500, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Structural Lintel Replacement Project, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned if this project could be completed through a request for proposals from a variety of vendors. Noel Anderson explained that the building code requires that an architect design any improvements to commercial buildings. Resolution adopted and upon approval by Mayor assigned No. 2019-537. 156565 - Morrissey/Feuss that "Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $35,000, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Exhibit Hall Ceiling Renovation Project, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-538. 156566 - Morrissey/Feuss that "Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $49,000, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Roof Facade Improvements Project, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Page 15 of 319 July 15, 2019 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2019-539. ORDINANCES 156567 - Feuss/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Abstain: One. (Jacobs due to business reasons). Motion carried. 156568 - Feuss/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Five (Feuss, Klein, Amos, Schmitt and Juon). Abstain: One (Jacobs due to business reasons). Motion failed. 156569 - Schmitt/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be considered and passed for the second time and adopted. Roll call vote -Ayes: Six. Abstain: One. (Jacobs due to business reasons). Motion carried. 156570 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Five (Feuss, Klein, Amos, Schmitt and Juon). Abstain: One (Jacobs due to business reasons). Motion failed. 156571 - Morrissey/Feuss that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 156572 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Two. Nays: Five (Feuss, Klein, Amos, Schmitt, and Juon). Motion failed. ADJOURNMENT 156573 - Feuss/Amos that the Council adjourn at 6:27 p.m. Voice vote -Ayes: Seven. Motion carried. Page 16 of 319 July 15, 2019 Page 9 Kelley Felchle City Clerk Page 17 of 319 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 5, 2019, to approve a request by Lost Island Real Estate, LC, to rezone approximately 159 acres of land from "A-1" Agricultural District to "C-P" Planned Commercial District for an outdoor recreational facility, located east of 2546 E. Shaulis Road, and instruct the City Clerk to publish notice. City Council Meeting: 7/22/2019 Prepared: 7/16/2019 REVIEWERS: Department Planning ing Clerk °f .cc ATTACHMENTS: Description O Council Packet O ,egal 1D:Description. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schiroed.er, Ark, N am.n.cy Action pprove:J Approved Type Cover (/over c .� Date I1I/2.1e /1 7/ �17/7. 19 ,,,, 9 :17 Resolution setting date of public hearing as August 5, 2019, to approve a request by Lost Island Real Estate, LC, to rezone approximately 159 acres of land from "A-1" Agricultural District to "C-P" Planned Commercial District for an outdoor recreational facility, located east of 2546 E. Shaulis Road, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a resolution setting date of public hearing as August 5, 2019 to approve a request by Lost Island Real Estate LC to rezone approximately 159 acres of land from "A-1" Agricultural District to "C-P" Planned Commercial District for an outdoor recreational facility located east of 2546 East Shaulis Road, and instruct the City Clerk to publish notice. None N/A Zoning, Land Use and Economic Development. The proposed use is located along US Highway 218, along Shaulis Road, and near Lost Island Water Park and residential in close proximity as well. With such a large project it is always difficult to not be near residential, and care must be taken for some buffering and screening as the project is built. Staff believes the proposed project takes into consideration the surrounding Page 18 of 319 Background Information: land uses and is designed to draw a traffic flow and commercial uses from the commercial sides of the area, as well as buffer the nearby residential uses nearby. The City of Waterloo is currently conducting a traffic study in the area and this project will be included in the study. The traffic study will outline the necessary improvements for the Shaulis Road/Hess corridors to accommodate the added traffic, improve drainage/flooding conditions in the area, as well as review adding lanes, reconfiguring of roadway, and other improvements. The city also has a Hess/La Porte Road study underway to review the entire corridor. The facility will be served by Shaulis Road which is a Minor Arterial which connects to US Highway 218 which is a Principal Arterial. With the interchange of US Highway 218 and US Highway 20 being just to the north of the intersection of Shaulis and US Highway 218. There is a recreational trail on Shaulis Road west of Isle of Capri Blvd that connects with the Sergeant Road trail and there are plans to extend this trail to the east in the future. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Lost Island Water Park, Isle of Capri Casino, and vacant land zoned "A-1 "Agricultural District and "C-P" Planned Commercial District. Bamboo Ridge Campground is also further to the northwest and zoned "C- P" Planned Commercial District. South — Agricultural and residential zoned "A-1" Agricultural District and "R-3,R-P" Planned Residential District. East — Agricultural and US Highway 218 zoned "A-1" Agricultural District. West — Agricultural zoned "A-1" Agricultural District. The area consists of the Isle Casino built in 2007, Lost Island Water Park built in 2001, and residential development built between 1899 and 2019. Additional buffering may be required for this project at the southeast comer of the facility. A drainage plan will need to be submitted to the Engineering Department and the City of Waterloo is currently studying drainage in the area. Portions of the property are located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0308F and 0316F , dated July 18, 2011. The applicant is proposing mitigation measures for the flood plain areas. Orange Elementary School is located 2.52 miles to the southwest, Bunger Middle School is located 2.83 miles to the northeast, West High School is located 3.05 miles to the northwest, and Hawkeye Community College is located 1.24 miles to the southwest. Lloyd Randall Park is located 1.41 miles to the east. There is a 15" Sanitary S ewer Line located along the east side of the property, a 15" Sanitary S ewer Line located in Shaulis Road west of the site in question and a 15" private sewer line located along the east side of the property. The Future Land Use Map designates the area as Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial to the north and Low Density Residential to the south. While the proposed project would not be keeping with the Future Land Use Map it Page 19 of 319 should be noted that the map has not been updated since 2002 before the Isle Casino was constructed and the City is currently in the process of updating the Future Land Map and Comprehensive Plan. The Comprehensive Plan is designed to be a guide, not a blueprint for overall development and planning of the community. The Comprehensive Plan recognized the concept of commercial along Shaulis Road as an arterial road in close proximately to the US Highway 218 intersection. The size of this project was not previously imagined for the depth of the commercial designation from Shaulis Road to be properly designated back in 2002. The applicant is proposing to build a 159 acre outdoor recreational theme park facility East of 2546 Shaulis Road across the street from Lost Island Water Park which will include a variety of rides. The site plan shows parking located along the east section of the property and along the southern border. The parking requirements for such a facility are 1 parking space for east 4 persons of maximum standing and seating capacity for the facility. The site plan shows 2550 parking spaces including guest parking of 2200 general spaces, 38 accessible spaces, and 23 RV/Bus spaces; along with 350 employee general parking spaces and 8 accessible spaces. Portions of the property are in a Special Flood Hazard Area 100-year flo o d plain. However, the applicant is designing the complex to mitigate the hazard by creating drainage ways and ponds as part of the complex. Staff believes this project will have a positive impact on the entire community in terms of tourism, marketing, and other factors for quality of life. While the project has some residential nearby vicinity, staff believes proper design and buffering can help to mitigate any negative impacts and also note that there is other commercial uses including Lost Island Water Park, the Casino, Campground, in close proximity. The zoning Ordinances requires this process to rezone, review site plan layout for a "C-P" designation, and subsequent Special Permit review and recommendation to the Board of Adjustment. The applicant is not planning to subdivide the property at this time. Therefore, staff recommends that the request by the Lost Island LC to rezone approximately 159 acres from "A-1" Agricultural District to "C-P" Planned Commercial District be approved for the following reasons: 1. The request would appear compatible with existing development in the area with the existing Lost Island Water Park, Isle Casino and B amb o o Ridge Campground located on the north side and northwest sides of Shaulis Road from the proposed rezone. 2. The project brings additional economic development and jobs to the area. 3. The project will increase tourism to the City and the entire Cedar Valley. 4. The request would bring additional family activity to the area, which is a need identified by Experience Waterloo. 5. The project is easily accessed from US Highway 218 and US Highway 20, with improvements planned to Shaulis Road for traffic and drainage purposes. And subject to the following conditions: 1. The necessary actions are taken in regards to the findings of the traffic study and related drainage way improvements to Shaulis Road. 2. That the southeast comer of the facility is buffered from the S ummerland neighborhood. Page 20 of 319 Legal Descriptions: All that part of the Section Thirteen (13), Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: The Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND The Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND All that part of the Northwest Quarter (NW 1/4) of aforesaid Section Thirteen (13) lying Southeasterly of existing centerline of creek described as follows: Commencing at the North Quarter comer of aforesaid Section Thirteen (13); thence S 88°55'52"W Three Hundred Sixty-seven and Eighty-seven Hundredths (367.87) feet along the North line of aforesaid Northwest Quarter (NW 1/4) to the point of beginning; thence S26°02'52"W One Hundred Sixty and Seventy-one Hundredths (160.71) feet; thence S40°09'13"W One Thousand Three Hundred Seventy-three and S eventy- nine Hundredths (1373.79) feet; thence S27°46'02"W One Thousand Six Hundred Seventy-two and Seventy Hundredths (1672.70) feet to the South line of aforesaid Northwest Quarter (NW 1/4) and to the point of termination. EXCEPT All legal right-of-ways. Containing 159 acres. Page 21 of 319 REQUEST: APPLICANT: 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: July 23, 2019 Request by Lost Island Real Estate LC to rezone approximately 159 acres of land from "A-1" Agricultural District to "C-P" Planned Commercial District for an outdoor recreational facility located east of 2546 East Shaulis Road Lost Island Real Estate, LC 2225 E. Shaulis Road, Waterloo, Iowa 50701 The applicant is requesting to rezone a recently annexed property from "A-1" Agricultural District to "C-P" Planned Commercial District to construct an outdoor recreational facility (theme park). The proposed use is located along US Highway 218, along Shaulis Road, and near Lost Island Water Park and residential in close proximity as well. With such a large project it is always difficult to not be near residential, and care must be taken for some buffering and screening as the project is built. Staff believes the proposed project takes into consideration the surrounding land uses and is designed to draw a traffic flow and commercial uses from the commercial sides of the area, as well as buffer the nearby residential uses nearby. The City of Waterloo is currently conducting a traffic study in the area and this project will be included in the study. The traffic study will outline the necessary improvements for the Shaulis Road/Hess corridors to accommodate the added traffic, improve drainage/flooding conditions in the area, as well as review adding lanes, reconfiguring of roadway, and other improvements. The city also has a Hess/La Porte Road study underway to review the entire corridor. The facility will be served by Shaulis Road which is a Minor Arterial which connects to US Highway 218 which is a Principal Arterial. With the interchange of US Highway 218 and US Highway 20 being just to the north of the intersection of Shaulis and US Highway 218. There is a recreational trail on Shaulis Road west of Isle of Capri Blvd that connects with the Sergeant Road trail and there are plans to extend this trail to the east in the future. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Lost Island Water Park, Isle of Capri Casino, and vacant land zoned "A-1"Agricultural District and "C-P" Planned Commercial District. Bamboo Ridge Campground is also further to the northwest and zoned "C-P" Planned Commercial District. South —Agricultural and residential zoned "A-1" Agricultural District East of 2546 Shaulis Road — Al to CP PgDge22f bf 319 July 23, 2019 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 and "R-3,R-P" Planned Residential District. East — Agricultural and US Highway 218 zoned "A-1" Agricultural District. West — Agricultural zoned "A-1" Agricultural District. The area consists of the Isle Casino built in 2007, Lost Island Water Park built in 2001, and residential development built between 1899 and 2019. Additional buffering may be required for this project at the southeast corner of the facility. A drainage plan will need to be submitted to the Engineering Department and the City of Waterloo is currently studying drainage in the area. Portions of the property are located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0308F and 0316F , dated July 18, 2011. The applicant is proposing mitigation measures for the flood plain areas. Orange Elementary School is located 2.52 miles to the southwest, Bunger Middle School is located 2.83 miles to the northeast, West High School is located 3.05 miles to the northwest, and Hawkeye Community College is located 1.24 miles to the southwest. Lloyd Randall Park is located 1.41 miles to the east. There is a 15" Sanitary Sewer Line located along the east side of the property, a 15" Sanitary Sewer Line located in Shaulis Road west of the site in question and a 15" private sewer line located along the east side of the property. The Future Land Use Map designates the area as Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial to the north and Low Density Residential to the south. While the proposed project would not be keeping with the Future Land Use Map it should be noted that the map has not been updated since 2002 before the Isle Casino was constructed and the City is currently in the process of updating the Future Land Map and Comprehensive Plan. The Comprehensive Plan is designed to be a guide, not a blueprint for overall development and planning of the community. The Comprehensive Plan recognized the concept of commercial along Shaulis Road as an arterial road in close proximately to the US Highway 218 intersection. The size of this project was not previously imagined for the depth of the commercial designation from Shaulis Road to be properly designated back in 2002. The applicant is proposing to build a 159 acre outdoor recreational theme park facility East of 2546 Shaulis Road across the street East of 2546 Shaulis Road — Al to CP P6Dgenf bf 319 ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: July 23, 2019 from Lost Island Water Park which will include a variety of rides. The site plan shows parking located along the east section of the property and along the southern border. The parking requirements for such a facility are 1 parking space for east 4 persons of maximum standing and seating capacity for the facility. The site plan shows 2550 parking spaces including guest parking of 2200 general spaces, 38 accessible spaces, and 23 RV/Bus spaces; along with 350 employee general parking spaces and 8 accessible spaces. Portions of the property are in a Special Flood Hazard Area 100- year flood plain. However, the applicant is designing the complex to mitigate the hazard by creating drainage ways and ponds as part of the complex. Staff believes this project will have a positive impact on the entire community in terms of tourism, marketing, and other factors for quality of life. While the project has some residential nearby vicinity, staff believes proper design and buffering can help to mitigate any negative impacts and also note that there is other commercial uses including Lost Island Water Park, the Casino, Campground, in close proximity. The zoning Ordinances requires this process to rezone, review site plan layout for a "C-P" designation, and subsequent Special Permit review and recommendation to the Board of Adjustment. The applicant is not planning to subdivide the property at this time. Therefore, staff recommends that the request by the Lost Island LC to rezone approximately 159 acres from "A-1" Agricultural District to "C-P" Planned Commercial District be approved for the following reasons: 1. The request would appear compatible with existing development in the area with the existing Lost Island Water Park, Isle Casino and Bamboo Ridge Campground located on the north side and northwest sides of Shaulis Road from the proposed rezone. 2. The project brings additional economic development and jobs to the area. 3. The project will increase tourism to the City and the entire Cedar Valley. 4. The request would bring additional family activity to the area, which is a need identified by Experience Waterloo. 5. The project is easily accessed from US Highway 218 and US Highway 20, with improvements planned to Shaulis Road for traffic and drainage purposes. East of 2546 Shaulis Road —Al to CP PgDge24f bf 319 July 23, 2019 And subject to the following conditions: 1. 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IIVVliiu 'um IIIIIIIIIIIIIII1111II 1, u,mVVuNVtl11,I1V �mW„„1 uu � �,VVlil tl� °IIIIIII µ11Tll RIIIIIp11 IIIIIII 11 y1 1°1 N`" ((IIIII I,y IliiiIlllgl {d :m mI lullu 11,11111111111111111111111111111111111111111 NijIIIIIII111iMI1II i ImWuumi11um IoIl1 1 uuIIVI1IIIIII VV1 I1u,11, VII �lI V_ x uuuuuguNV 11 East of 2546 E. Shaulis Road. Rezone from "A-i" to "C-P" Lost Island Real Estate, LLC Page 28 of 319 Page 29 of 319 225 1 INCH = 150 FEET Page 30 of 319 c co tri 0 V A: FRONT GATE COMPLEX ELEVATION SCALE: 1/16"= V-0" RONT SATE COMPLEX ELEVATION 44‘-0"AFG - - - 231-6"AFG 19-6" AFG 8'-0"AFG FINISHED GRADE SCALE: 1/16"=1'-0" 0 4 8 1 6 32 ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 31 of 319 DRAWN BY: JUMH CHECKED BY: BDR TAMARIKI KIDS AREA VIGNETTE NOT TO SCALE NOTE: VIGNETTE DEPICTS DESIGN INTENT CONCEPT ONLY. ALL DRAWINGS &DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUO7ON. Page 32 of 319 DESIGN GROUP " ST TAMARIKI KID'S AREA VIGNETTE SCALE: AS NOTED DATE: 03.081 9 DRAWN BY: BD/TS CHECKED BY: BDR JOB # 214120 SHEET # DD-2-0.0.2 R DESIGN GROUP ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 33 of 319 ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 34 of 319 DESIGN GROUP AWA WATER NOMADS VIGNETTE SCALE: AS NOTED DATE: 03.08.19 DRAWN BY: BD / TS CHECKED BY: BDR JOB # 214120 SHEET it DD-4-0.0.2 02017 BDR DESIGN GROUP ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 35 of 319 ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 36 of 319 DESIGN GROUP SCALE: AS NOTED DATE: 03.08.19 DRAWN BY: BD/TS CHECKED BY BDR JOB # 214120 GATE COMPLEX * PARK ENTRY SIGN 29'-3"AFG 25,-0"AFG 13'-0"AFG FINISHED GRADE PARK ENTRY SIGN FINISH DETAILS SCALE: 3/16"= V-0" SCALE: 3/16". 1'-0" 0 2 4 8 ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 37 of 319 PARK ENTRY SIGN FINISH DETAILS SCALE: 3/16'. DATE: 04.19.19 DRAWN BY: JUTS CHECKED BY: BDR JOB it 214120 SHEET # DD-1-7.3.1 2 19 BDR DESIGN GROUP WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.D. BOX 898 WATERLOO, IOWA 50704-0898 1 INCH = 400 FEET 0 1 - co l; igloo - 0 •P 0 0 0 co N z2CO Lo p et CO z I a • c ,-,4 Et v,3 E La c1 0) CO I Q Cr -7 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION a SKETCH Zone Change From A-1 to (Agricultural District to Planned Commercial District) Part of the NE 1/4 & the NW 1/4 of Sec. 13--TBBN--R13W, Waterloo, Black Hawk County, Iowa Proprietor: Lost Island Real Estate, LC zffizmt 1'00Z —z o 0 z cia 0 0 (sr L9-EL) (,LB'L92) — —(X6G 6) r/ke °DiJ 4 -‘41: ab'all SS3H SHEET 2 OF� n. 07.0 CO 141 o 0 0 z. o n U E} .-- M Cs-6 L 1) 12-4=W2 4 4 9 J CD 61-C 40 6c abed INDEX LEGEND General Description: Part of the NE 1/4 & the NW 1/4 of Sec. 13--188N—R13W, Surveyor. David L Schell (#16775) Surveying Company: Wcyne Claasser Engineering & Surveying, Inc. 2705 University Avenue (P.O. Box 898) Waterloo, Iowa 50704 (319)235-6294 Proprietor: Lost Island Real Estate, LC u>° � E L � a v cb D"• c U 0 f .. LEGAL DESCRIPTION & SKETCH Zone Change From A-1 to C—P (Agricultural District to Planned Commercial District) LEGAL DESCRIPTION Zone Change From A-1 to C—P SHEET 1 OF--":\\\ All that part of the Section Thirteen (13), Township Eighty—eight North (TB8N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County. lows, described as follows: The Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND The Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND All that part of the Northwest Quarter (NW 1/4) of aforesaid Section Thirteen (13) lying Southeasterly of existing centerline of creek described as follows: Commencing at the North Quarter corner of aforesaid Section Thirteen (13); thence S88'55'52"W Three Hundred Sixty—seven and Eighty—seven Hundredths (367.87) feet along the North line of aforesaid Northwest Quarter (NW 1/4) to the point of beginning; thence S26'02152"W One Hundred Sixty and Seventy—one Hundredths (160.71) feet; thence S40'49'13"W One Thousand Three Hundred Seventy—three and Seventy—nine Hundredths (1373.79) feet; thence 52T46'02"W One Thousand Six Hundred Seventy—two and Seventy Hundredths (1672.70) feet to the South line of aforesaid Northwest Quarter (NW 1/4) and to the point of termination. EXCEPT All legal right—of—ways. Containing 159 acres. C E S SURVEY LEGEND: A DENOTES SECTION CORNER 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION :t�llfll&rt:oo/r) )fv Nanr...r*'ice lf`r LICENSEE) r r r 16775 - ccr IOW/ slYAL CERTIFICATION l 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 l am a duly Licensed Land Surveyor under the laws of the State of Iowa. Signature. Dad"CSchell. L.S. Date' , 20 4 License No 16775 Pages or Sheets Covered by this Seal• 2 My license renewal date is December 31, 2020 'ON 31HH S30 0 • All that part of the Section Thirteen (13), Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: The Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND The Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND All that part of the Northwest Quarter (NW 1/4) of aforesaid Section Thirteen (13) lying Southeasterly of existing centerline of creek described as follows: Commencing at the North Quarter corner of aforesaid Section Thirteen (13); thence S88°55'52"W Three Hundred Sixty-seven and Eighty-seven Hundredths (367.87) feet along the North line of aforesaid Northwest Quarter (NW 1/4) to the point of beginning; thence S26°02'52"W One Hundred Sixty and Seventy-one Hundredths (160.71) feet; thence S40°09'13"W One Thousand Three Hundred Seventy- three and Seventy-nine Hundredths (1373.79) feet; thence S27°46'02"W One Thousand Six Hundred Seventy-two and Seventy Hundredths (1672.70) feet to the South line of aforesaid Northwest Quarter (NW 1/4) and to the point of termination. EXCEPT All legal right-of-ways. Containing 159 acres. Page 40 of 319 APPLICATION FOR ZO CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 L APPLICATION INFORMATION: I G a. Applicant's name 1 ase print): Lost Island, Real Estate, LC Address: 2225 L Shaulis Rd. Phone: 31 City: Vat erioQ State: IA Fax: Zip: 5070_1 b. Status of applicant: (a) Owner X (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INWORAINTION: a. Generallocatioi of property to be rezoned: southeast of 2225 E. Shaulis Rd. b. Legal description of property to be rezoned: See Attached Dimensions of Proposed Zoning Boundary (Excluding Right of Way):3 4 60_ 'x2580 Fx16 20 x3100 d. Area of Proposed Zoning Boundary (Excl ding Right of Way): 159 Acres ' e. Current zoning: ( Requested zoning: C—P Commercial i Reason(s) for rezoning and proposed use(s) °f property: Cormer cial development 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 si ature 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 fro if 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-reftaidable. 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 fling fee. Utile request is denied no ew 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 a information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo P1 ruling, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersi ed authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Sinature of Owner Date Page 41 of 319 All that part of the Section Thirteen (13), Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: The Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND The Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of aforesaid Section Thirteen (13) AND All that part of the Northwest Quarter (NW 1/4) of aforesaid Section Thirteen (13) lying Southeasterly of existing centerline of creek described as follows: Commencing at the North Quarter corner of aforesaid Section Thirteen (13); thence S88°55'52"W Three Hundred Sixty-seven and Eighty-seven Hundredths (367.87) feet along the North line of aforesaid Northwest Quarter (NW 1/4) to the point of beginning; thence S26°02'52"W One Hundred Sixty and Seventy-one Hundredths (160.71) feet; thence S40°09'13"W One Thousand Three Hundred Seventy- three and Seventy-nine Hundredths (1373.79) feet; thence S27°46'02"W One Thousand Six Hundred Seventy-two and Seventy Hundredths (1672.70) feet to the South line of aforesaid Northwest Quarter (NW 1/4) and to the point of termination. EXCEPT All legal right-of-ways. Containing 159 acres. Page 42 of 319 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 5, 2019, to approve the request by Reg Drew Investments, LLC, to vacate, sell and convey a portion of Fairview Avenue and alleys in Campbell's Addition, in the amount of $1.00, along with a Development Agreement, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue, and instruct the City Clerk to publish notice. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department P lanning ing Clerk O ffic ATTACHMENTS: Description ▪ Stall O Overview ai O Aerial _ ap O Application. ▪ ctures ▪ Develop SUBJECT: Submitted by: Reviewer Schiroed.er, . .ric ��ryyNany. -lent ee lent Recommended Action: Summary Statement: Action Approved. Approved Type 1 'i ackUp 13 ack.up a,ck:up i3 ac kup 13 c k up E.3 ack u:p at r_ui.ai. ateric 1. ateria i. a. te�riai. ..aterial aterial Date 7 1 I/", e ,,,,,, 0:A 7 17 2. 1 ( 1:1 2A Resolution setting date of public hearing as August 5, 2019, to approve the request by Reg Drew Investments, LLC, to vacate, sell and convey a portion of Fairview Avenue and alleys in Campbell's Addition, in the amount of $1.00, along with a Development Agreement, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval with the retention of a utility easement over, under and upon the portion of Fairview Avenue located south of Clark Street. Transmitted is a request to set the date of public hearing as August 5, 2019 to approve the request by Reg Drew Investments LLC to vacate, sell and convey a portion of Fairview Avenue and Alleys in Campbell's Addition in the amount of $1.00, along with a Development Agreement, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. This was initially requested in 2017, and it was recommended for approval by the Planning and Zoning Commission on June 6, 2017. However that request was tied to a Special Permit request for a salvage yard, which was subsequently denied by the Board of Adjustment, and the vacate request was Page 43 of 319 never sent to the City Council. The applicant is now moving forward with plans to construct mini -storage units on the property, and would like to proceed with the vacate. At their July 2, 2019 meeting the Planning and Zoning Commission again recommended approval of the vacate request. There are no known utilities in the areas to be vacated, but there is plans for storm water drainage improvements in the portion of Fairview Avenue south of Clark Street, therefore an easement will need to be maintained over that portion of the vacate area. The portion of the alley adjacent to Huff Rentals at 118 Clark St will be vacated but not conveyed at this time, as an agreement for acquisition is worked out with that adjoining property owner. Expenditure Required: None S ource of Funds : N/A Policy Issue: Right -of -Way Description — Fairview Avenue and Alleys vac ate : Legal Descriptions: The Fifteen foot (15') north -south alley as platted in Campbell's Addition lying adjacent to Lots 8, 9 and 10 of said Addition; the Fifteen foot (15') north -south alley as platted in Campbell's Addition lying adjacent to Lots 11 thru 21 of said Addition; the Fifteen foot (15') east -west alley as platted in Campbell's Addition lying adjacent to Lots 20 thru 26 of said Addition; the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Northerly of an Easterly extension of the South line of Lot 10 of said Addition; and the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Southerly of an Easterly extension of the North line of Lot 11 of said Addition, all in the City of Waterloo, Black Hawk County, Iowa, subject to the retention of a utility easement over, under and upon the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Southerly of an Easterly extension of the North line of Lot 11 of said Addition. Description — Conveyance to Reg Drew Investments LLC: That part of the Fifteen foot (15') east -west alley as platted in Campbell's Addition lying Easterly of a Southerly extension of the East line of Lot 23 of said Addition; the Fifteen foot (15') north -south alley as platted in Campbell's Addition lying adjacent to Lots 8, 9 and 10 of said Addition; the Fifteen foot (15') north -south alley as platted in Campbell's Addition lying adjacent to Lots 11 thru 21 of said Addition; the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Northerly of an Easterly extension of the South line of Lot 10 of said Addition; and the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Southerly of and Easterly extension of the North line of Lot 11 of said Addition, all in the City of Waterloo, Black Hawk County, Iowa, subject to the retention of a utility easement over, under and upon the Thirty foot (30') Fairview Avenue as platted in Campbell's Addition lying Southerly of an Easterly extension of the North line of Lot 11 of said Addition. Page 44 of 319 July 2, 2019 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: DEVELOPMENT Request by Reg Drew Investments, LLC to vacate a portion of Fairview Avenue, and the alleys located in Campbell's Addition, located adjacent to 139 Clark Street Reg Drew Investments LLC 139 Clark Street Waterloo Iowa 50703 The applicant is requesting to vacate a portion of Fairview Avenue and the alleys located in the Campbell's Addition located adjacent to 139 Clark Street. The request to vacate the alleys and Fairview Avenue would not have a negative impact on the surrounding neighborhood as they have never been used, would dead end at the Canadian National Railroad tracks to the south and private property to the north, and is in an industrial area made up largely of salvage yards and storage. The request to vacate the alleyways would not appear to have a negative impact on vehicular or pedestrian traffic conditions. There are no sidewalks in the area. There are no recreational trails in the area of the request and there are no current plans for sidewalks or trails in the area. The site has been zoned "M-1" Industrial District since the adoption of the Zoning Ordinance in 1969. North — Salvage Yards zoned "M-1" Light Industrial District. South — Vacant Land, Canadian National Railroad and Broadway Street zoned "M-1" Light Industrial District. East — Industrial Development zoned "M-2" Heavy Industrial District. West — Industrial Development, Vacant Land and Canadian National Railroad zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate of the alleys would not appear to have a negative impact on drainage. Storm water improvements are planned within Fairview Avenue and Clark Street which would improve drainage conditions in the area. An easement for drainage and utilities would need to be retained over vacated Fairview Avenue. The area to be vacated is principally industrial with structures Vacate- Fairview and alleys of Campbell's Addition located adjacent to 139 Clark Street Pgegle4-t of 319 July 2, 2019 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 built between 1903 to present with a majority built between 1960's to present. This area is located in Zone X: Protected by levee as indicated by the Flood Insurance Rate Map No. 1900025 0188F George Washington Carver Middle School is located approximately 1/4 mile to the Northeast. There are no known utilities located along in the alleys proposed to be vacated but there are overhead utilities located along the Fairview Avenue. A utility and drainage easement will need to be retained along the entire portion and width of Fairview Avenue to access those utilities and future storm water improvements. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The request to vacate Fairview Avenue and the two alley ways would not appear to negatively affect the area or traffic conditions. Clark Street is currently a dead end and Fairview Avenue has never been completed. The area is currently industrial made up mostly of salvage yards and storage uses. On August 4, 2009 Pauline Company made a similar request but also requested the vacation of Clark Street. At that time the Planning Programming and Zoning Commission approved the request to vacate the alleys but denied the request to vacate Clark Street and Fairview. This vacate request originally came before the commission on June 6, 2017. At that time the Planning, Programming and Zoning Commission voted to recommend approval of the vacate request. However, that request was tied to a Special Permit request for a salvage yard by the applicant which was subsequently denied by the Board of Adjustment on January 23, 2018. The vacate request was never sent to city council as the applicant decided what his next steps would be. The applicant has decided to proceed with the vacate request although he does not intend to use the property for a salvage yard. There would be no platting required in relation to the request. Vacate- Fairview and alleys of Campbell's Addition located adjacent to 139 Clark Street Pgeg2e4t of 319 July 2, 2019 RECOMMENDATION: Therefore, staff recommends the request to vacate Fairview Avenue, and the alleys of Campbell's Addition comprising of approximately 33494 sf be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area, and would help prompt infill development. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. Subject to: 1. Retention of easement for drainage and utilities would need to be retained over vacated Fairview Avenue south of Clark Avenue. Vacate- Fairview and alleys of Campbell's Addition located adjacent to 139 Clark Street Pgeg3e437 of 319 City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 139 Clark Street Vacate Request Reg Drew Investments, LLC erloo Page 48 of 319 City of Waterloo Planning, Programming and Zoning Commission July 9, 2019 f�/� � u ��V�n V V III IIIIIIIIIIIIII IVII u N JI„ I I � I A / I( I i 11111Vm II uuuuuu III ml�l RIVuUum VVVVVuP uu u II WV M IIII II 1 �111 IIIII IIII�IllllllllNNlIIIINNNIIImll�llllll 111111111N11111I �r RII, I 1 wr � II // / I I I IIIIIIII 1 / IIIR rlIll1 I I M III III I I m / � / iiiilulllVlgll u / uau IIIIIIIII I /, r / I m / u1 / s Ir / r / III r u I � d / I r IIIIIII ( l II ll ill I 1 IIII III II luau 111 Iu 1 I / ulllll IIII ° r I 1 �1 A �l ,r 11111111 N �W uuuVI1 IIIII I Iuu1° I�' �IuuuIW 11 � Nli 11,, ),ll m�00f0 '2/,;,/,(;///;///7//,;,/, WW4i-i'///'//�/�/%// ;,,,„,, % / �r t ir/ r/ /IW1MpIIINIWIIIIIINIIIIIIIIII�I�NIIIIIIIIIIIN�hll n "jrm��,11W000W.IIWIIII„,IIIINIIIIIIIIIIIIIIIINIIII IIIIIII 1 1 I �I II I�uI kl� /�// I a/refr%irw ,IIIIIIIIIIIIII 11111 IIII V11, IVI VI 1u I II "T I uu1W I I I 11 1 ullhdln I dl I N mulutl6uuVl 11 ' N M I II a u�,uuuuu,Wuuuuuuuuuuuuuuuuuuuuuuuuuuluuuul mIIIIIIWuu IVu, IIV pp " IIu IIIIIIII I IIII uu„WIIIIIIIIIIIIIIIIIIIIu„IIMNNm°IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ,IIIIIIIIM'N,IIIIIuIIIIIIIIIiV1111IIIIIIIIIIIIIII llllll II 11111111111V1 1 11I1 IIII 1jj11111 uuuu I 11 1 ullllllllllllllllllllllV,1 Vm m111 1 �111VIIiV1 ,� /I IVI uum 1 IIIVV uuuuu III N ��Wm,mIm1W1WA II a llllll ii,1✓i� 1 110 u� 111 pV�Vllll iiM6V1III11uuumiiiiNM�Mau ° """"IIIIIIIIIIIII lI 1lbpplplN11111 Illllululll°IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII11NNN°11' N ,INII ,IW III I IIII III p1111 �I d11111111,1 llpu 1, Vm UU1111Vuu111uu uu1111111111111111111111111 IIIIIIIIIIIIIIIIIIII II1111111 III V191 uu11111u II ,III IIIIIIII°NIIIIIII 11 u1 my1V11 11 1 II 1,1 011 ,lU!IIII!!111111111111111111111W1.. 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A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar r $17 . Filing Fee City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement LI Sale of City -Owned Property TAW ��f�l'� • ddress:3 ri (JrJ( Phone No.: 3'I 2. 3 15. - 13)- v3z7 • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar l 0.00 Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar $100 0 Fee 2. offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs yrs inside of the CU A : • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: -CO Note: The above inforr ation is a sur mary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way rust be accompanied by a signed "Intent to vacate" form for each abutting property 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 and 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: 5. Other: Please provide a site plan and/or aerial photo of the area to e vacated if the request involves additional construction s the reason for the request. Applicant f- -70 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 50 of 319 Ull°i 111IIi1liilo1i1I11I1Nlllllliil�l 111W � n� nuaG� r mu I 1111. 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Page 51 of 319 Prepared by Noel Anderson, 715 Mulbermistreet Waterloo IA 70 Phone (3.119 291-4366 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2018 by and between Drew Reg investments LLC (the "Company') and the City of Waterloo, Iowa (the "City'). RECITALS ITALS 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 goat, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct buildings and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, consisting of approximately 30,000 square feet and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT T 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 Property 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, servitudes, 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 (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall Page 52 of 319 have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does riot remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a commercial building 2,500 square feet, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "improvements"). . The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law, The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Cor pan ,s purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Compan s commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. Company must obtain a building permit and begin construction within six 6 months from the date of this Agreement (the "Project Start Date") and substantially complete construction within 12 months thereafter (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as may be provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty 3 days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 2 Page 53 of 319 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment oAttorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney - in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Co rpanys failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Compan s duties of indemnity pursuant to this Section shalt survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the improvements. 6. Reserved. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shalt be fixed for assessment purposes, below the amount of $100,340 (the "Minimum Actual Value"), through: 3 Page 54 of 319 either; (i) willful destruction of the Property, the Improvements, or any part of (li)a request to the assessor of Black Hawk County; or (iii)any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. 9. Tax Abatement. The project is located within the Consolidated Urban Revitalization Area, so the applicant may apply for CURA tax abatement schedule as allowed by the program. 10. Representations and Warranties of City. City hereby represents and warrants as follows A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved 4 Page 55 of 319 by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or: incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 13. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291- 571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1913 Upton Avenue, Waterloo, low 50701, facsimile number 319- , Attention: Craig Lindsey. Delivery of notice shall be deemed to occur i) an the date of delivery when delivered in person, (ii) one 1 business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, iii three 3 business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such 5 Page 56 of 319 transmission was successful. A party may change the address for giving notice by any method set forth in this section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other' person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 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, 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. 20. Binding Effect. This Agreement shall be binding 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 an original and all of which, taken together, shall constitute one and the same instrument. 22. 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. 23. Time of Essence. Time is of the essence of this Agreement. 6 Page 57 of 319 IN WITNESS LESS WHEREOF, F, the parties have executed this evelopn ent Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 7 Page 58 of 319 CITY OF WATERLOO, IOWA Drew Reg Investments LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Title: PERSONAL GUARANTY. The undersigned members ardor managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guara rt - - nder is joint and several. Craig Lin 8 Page 59 of 319 EXHIBIT 'A Legal Description of Property Page 60 of 319 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2018, by and among the CITY OF WATERLOO, IOWA ("City"), Drew Reg Investments LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area "Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to lowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the buildings) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $100,340 (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, 2019. 2. The iinimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2027. Nothing herein shall be deemed to waive the Company's rights under Iowa Code 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. in no event, Page 61 of 319 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN IIITf ESS WHEREOF, F, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITYOF WATERLOO, IOWA Drew Reg Investm By: y: Quentin M. Hart, Mayor By: Kelley Felohle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ss. Title: On this day of , 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 2 Page 62 of 319 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on nn6[,p Yt(�� as OWfr1JY `� of Drew Reg vt.c. 6 Investments LLC. Notary Public 3 1 , 201if by )\'' Page 63 of 319 CERTIFICATION i F ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Hundred Thousand Three Hundred Forty Dollars ($100,340) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA )ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2018 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 64 of 319 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 5, 2019, to approve a request by Mike Brustkem, to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located west of 3221 Osage Road, and instruct the City Clerk to publish notice. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department Reviewer Action Date Planning ning S chr oeder„ Aric .Approved 1/1 //. ( 1 3 A Clerk Office y �. i (l1 i .�.h Nand . p � ovC(„J. ,�1. 1 //)()1.. ,,,,,, 1.. 1 P �� �'vy ATTACHMENTS: Description Type w O C ou.�.r� c a�..l Packet Cover O 1..,c p 1 Description Cover a ..c SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution setting date of public hearing as August 5, 2019, to approve a request by Mike Brustkem, to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located west of 3221 Osage Road, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a resolution setting date of public hearing as August 5, 2019 to approve a request by Mike Brustkem to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District located west of 3221 Osage Road, and instruct the City Clerk to publish notice. At their July 2, 2019 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. None N/A Zoning, Land Use and Economic Development. The proposal would not appear to have a negative impact on the surrounding area as it would be one single family home in a developing area of the city. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by Osage Road Page 65 of 319 Background Information: which is a local road. The nearest recreational trail is the Cedar Valley Lakes Trail which is located approximately 0.65 miles to the southwest. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Agricultural zoned "A-1" Agricultural District. South — Agricultural zoned "A-1" Agricultural District. East — Agricultural and one single family home zoned "A-1" Agricultural District and "R-1" One and Two Family Residence District. West — Agricultural zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. The area is comprised of farm houses and residential built No buffers would be required for this request. Rezoning the land will not appear to have a negative impact on drainage in the area. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0306F, dated July 18, 2011. Highland Elementary School is located 1.82 miles to the northwest, Bunger Middle School is located 0.86 miles to the south, and East High School is located 2.95 miles to the northwest. The nearest open space is Maywood Park located 0.75 miles to the west. There are no known underground utilities located in Osage Road. There is overhead power lines located on the south side of Osage Road. It is anticipated that the home would be served by a private well and septic system. The Future Land Use Map designates this area as Agricultural. The applicant is requesting to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residential District in order to build a single family home. There is precedence for this rezone as a lot just to the east on the south side of the road was rezoned to "R-1" One and Two Family Residence District by Ordinance 4984 on February 22, 2010. The applicant originally requested the lot to be rezoned "R-R" Rural Residential but staff feels that the "R-2" zoning is more in line with the residential zoning in the area. During Tech Review Glover asked if the land is being used for agriculture and about a LES A score. The land is largely made up of trees and appears to not have been used for agriculture for some time and the city does not do LESA scores. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Mike B rus tkem to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of a single family home located West of 3221 Osage Road be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 3. There is precedence for the rezone. Page 66 of 319 Legal Descriptions: That part of the Southwest Quarter of the Southwest Quarter (SW1/4 S W 1/4 ) of Section No. 28, Township No. 89 North, Range No. 12 West of the 5th Principal Meridian, Black Hawk County, Iowa, described as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter (SW 1/4 S W 1/4 ); thence S 89° 12' 18"E along the South line of said Southwest Quarter of the Southwest Quarter (SW1/4 S W 1/4 ) 996.55 feet; thence NO°47'42"E 33.00 to the North right-of-way of Osage Avenue; thence continuing NO ° 47' 42"E 259.95 feet; thence S 8 9 ° 12' 18"E 255.14 feet, thence S 1 ° 5 5' 41 "W 260.00 feet to said North right-of-way of Osage Avenue; thence N89° 12' 18" W 250.00 feet along said North right-of- way line of Osage Avenue to the point of beginning, containing 1.50 acres. Page 67 of 319 REQUEST: APPLICANT: GENERAL DESCRIPTION: May 9, 2019 Request by Mike Brustkern to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District located west of 3221 Osage Road. Mike Brustkern, 755 Skyview Road, Waterloo, IA 50703 The applicant is requesting to rezone property in order to build a single family home. IMPACT ON The proposal would not appear to have a negative impact on the NEIGHBORHOOD & surrounding area as it would be one single family home in a SURROUNDING developing area of the city. 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 Osage Road which is a local road. CONDITIONS: RELATIONSHIP TO The nearest recreational trail is the Cedar Valley Lakes Trail which RECREATIONAL is located approximately 0.65 miles to the southwest. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area is zoned "A-1" Agricultural District and has been zoned as FOR SITE AND such since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Surrounding land uses and their zoning are as follows: North — Agricultural zoned "A-1" Agricultural District. South — Agricultural zoned "A-1" Agricultural District. East — Agricultural and one single family home zoned "A-1" Agricultural District and "R-1" One and Two Family Residence District. West — Agricultural zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. DEVELOPMENT The area is comprised of farm houses and residential built between HISTORY: 1910 and 1972. BUFFERS/ No buffers would be required for this request. SCREENING REQUIRED: DRAINAGE: Rezoning the land will not appear to have a negative impact on drainage in the area. FLOODPLAIN: The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0306F, dated July 18, 2011. PUBLIC /OPEN Highland Elementary School is located 1.82 miles to the northwest, SPACES/ SCHOOLS: Bunger Middle School is located 0.86 miles to the south, and East West of 3221 Osage Road —Al to R2 PgDge 68f 6f 319 May 9, 2019 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: High School is located 2.95 miles to the northwest. The nearest open space is Maywood Park located 0.75 miles to the west. There are no known underground utilities located in Osage Road. There is overhead power lines located on the south side of Osage Road. It is anticipated that the home would be served by a private well and septic system. The Future Land Use Map designates this area as Agricultural. The applicant is requesting to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residential District in order to build a single family home. There is precedence for this rezone as a lot just to the east on the south side of the road was rezoned to "R-1" One and Two Family Residence District by Ordinance 4984 on February 22, 2010. The applicant originally requested the lot to be rezoned "R-R" Rural Residential but staff feels that the "R-2" zoning is more in line with the residential zoning in the area. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Mike Brustkern to rezone 1.50 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of a single family home located West of 3221 Osage Road be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 3. There is precedence for the rezone. West of 3221 Osage Road —Al to R2 PgDge69f 6f 319 City of Waterloo Planning, Programming and Zoning Commission July 2, 2019 M-2,P R-4 A=1 R-1, R- P CjlICLZ 14-2,C-Z IT II II II II II M-2,P III II l'h\ 0000000 orloo West of 3221 Osage Road Rezone from "A-i" to "R-2" Mike Brustkern Page 70 of 319 City of Waterloo Planning, Programming and Zoning Commission July 2, 2019 rn�,"Vr yyrru„ n dtt dwl, INII11 ➢r ��Ilxrn IIII�UIVnI u1,1111IV1„01 '111 upmI pb MIS u1.�J 1 11 I III I I I I I I 1i 1, d V4' , IdluUm 1 m 1 „ <��v riii�r ��a�n �, it%�ij iP1///�rl/�✓Ili%///l�lll� �I IWI lI„, rtll'b, „ OI�I4JP"�1 aI�j1,Vfl4 VI°Nd ^''". wK 11 °a ! 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J� Imu11u West of 3221 Osage Road Rezone from "A-i" to "R-2" Mike Brustkern Page 71 of 319 Brustkern Rezone Legal Description That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1 of Section No. 28, Township No. 89 North, Range No. 12 West of the 5th Principal Meridian, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1 / ; thence 889°1218"E along the South line of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) 996.55 feet; thence NO°47'42"E 33.00 to the North right-of-way of Osage Avenue; thence continuing NO° 7' 2"E 259.95 feet; thence S89112118"E 255.14 feet; thence S1 ° ' "W 260.00 feet to said North right-of-way of Osage Avenue; thence N9°121 "W 20.00 feet along said North right- of-way lire of Osage Avenue to the point of beginning, containing 1.50 acres. Page 72 of 319 Rezone — West of 3221 Osage Road 1.1111111111,11111,11,16,11111111111,,,,, III. 1,11 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII w�,uV,l II m11 lllllllllll lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll IIIII �IIIIII ����AI `I uumill u,llllglll Illll"II lillllldddpI Ilupuullluupglllullp°I llluudllllllllllllllplp molt mll lllllluu„ p� uulll llll �, mllllmi u91111 m III N, I III IIIIIIIIIIIVI IIu �II p p ' 11 qVu a uu Looking northwest from Osage Road. ill II I 111 Looking north from Osage Road I1111lllllllllllllllllllllllhmhmNil 3221 Osage Road 01‘ Looking west along Osage Road. IIII') llllllliuul°li,uil, �"1uiIIIIIIIIItlJIi, 'id'',,, a IIII �IIIIIII IpV u,� Page 73 of 319 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZON G COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print). Mike Brustkern Address; 755 Skyview Road City: Waterloo Phone: 319-239-8357 Fax: State: IA Zip: 50703 b. Status of applicant: ( Owner ./ (b) Other (CHECK ONE): If other explain: 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: North of Osage Avenue approximately 1 000 feet East of the intersection of Skyview Road and Osage Avenue b. Legal description of property to be rezoned: See Attached c. Dimensions of Proposed Zoning Boundaiy (Excluding Right of Way): Approx. 260x 255" d, Area of Proposed Zoning Boundary (Excluding Right of Way): 1.5,0 Acres e. Current zoning: A-1 - Agricultural District Requested zoning: c ei4 Reason(s) for rezoning and proposed use(s) of property: To create a residentia g. ResidentiaI District Co ditions (if any) agreed to: h. Other pertinent information (use ieverse 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 througha platting process (separate from rezone request). The .filing fee of $300 + ,$1.0 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, Program . Ing, 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 petjury that all information on this request and submitted along with it is true and correct, Alt 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 Owner Date Page 74 of 319 Legal Description That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section No. 28, Township No. 89 North, Range No. 12 West of the 5th Principal Meridian, Black Hawk County, Iowa, described as follows: Commencing at the Southwest comer of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4 ); thence S89° 12' 18"E along the South line of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) 996.55 feet; thence NO°47'42"E 33.00 to the North right-of-way of Osage Avenue; thence continuing NO°47'42"E 259.95 feet; thence S89° 12' 18"E 255.14 feet, thence S 1 °55'41 "W 260.00 feet to said North right-of-way of Osage Avenue; thence N89° 12' 18" W 250.00 feet along said North right-of-way line of Osage Avenue to the point of beginning, containing 1.50 acres. Page 75 of 319 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 5, 2019, to authorize the sale and conveyance of property located north of 3105 Airport Boulevard, to Hartel Properties, LLC, in the amount of $1.00, with a Development Agreement and Minimum Assessment Agreement for the development of a new dog daycare building, and instruct City Clerk to publish said notice. City Council Meeting: 7/22/2019 Prepared: 7/18/2019 REVIEWERS: Department Reviewer Action Date Planning & / r.in. g. Anderson, Noel. A prov d. 7/ W /2 1.. ;:12 P Clerk affic- g..y, a„®y Approved..7 PI ATTACHMENTS: Description Type O Development Cop: . ent - ,g)re Cent Cover_ . ▪ ap Cover e .0 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution setting date of public hearing as August 5, 2019, to authorize the sale and conveyance of property located north of 3105 Airport Boulevard, to Hartel Properties, LLC, in the amount of $1.00, with a Development Agreement and Minimum Assessment Agreement for the development of a new dog daycare building, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval The City of Waterloo started the MidP o rt America Business Park in the late 1990s to foster new development around the airport. The developer, Hartel Properties, LLC, will build a new 9,792 square foot dog daycare with a minimum assessed value of $240,000, and they look to begin construction at the end of August or first week of September. Since the project is less than $1, 000, 000, the incentive they will receive is the land for $1.00. None NA Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. N/A Page 76 of 319 Legal Descriptions: Tract "I" and Lot 4 of MidPort America Park Plat No .1, except that part of Lot 4 described as follows: Beginning at the northwest comer of Lot 4, MidPort America Park Plat No. 1; thence South 00°00'00" West 73.12 feet along the west line of said Lot 4 to the southeastern most comer of Tract L, MidPort America Park Plat No. 2; thence North 90°00' 00" East 111.00 feet along an easterly extension of the south line of said Tract "L"; thence North 00°00' 00" East 69.72 feet along a line 200.00 feet normally distant from and parallel with the west line of said Tract "L" to the north line of said Lot 4; thence North 88°14'49" West 111.05 feet along the north line of said Lot 4 to the point of beginning containing 7,901 square feet. The west line of lot 4, MidPort America Park Plat No.1, as shown on the final plat of this subdivision, was assumed to bear North 00°00' 00" East for the purpose of this description. Page 77 of 319 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2019 by and between [Hartel Properties, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct a building and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). 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 Property 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, servitudes, 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 (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall Page 78 of 319 have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a 9,792 square -foot commercial building and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the drawings attached hereto as Exhibit "B" and 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 as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. Company must obtain a building permit and begin construction within six (6) months from the date of this Agreement (the "Project Start Date") and substantially complete construction within twelve (12) months from the date of this Agreement (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed 2 Page 79 of 319 within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney - in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Easement. The parties acknowledge that equipment in support of Waterloo Regional Airport operations may be situated upon an area at the northwest corner of the Property. If City determines that an encroachment of such equipment or related easements or interests affects the Property, Company agrees to execute an easement agreement reasonably acceptable to City for the continued existence of such encroachments and related rights of reasonable ingress and egress. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 80 of 319 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $240,000 (the "Minimum Actual Value"), through: (i) either; willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "C" at the closing. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 4 Page 81 of 319 11. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 12. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 13. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1479 Oakcrest Drive, Waterloo, Iowa 50701, Attention: Stefanie Hartel. 5 Page 82 of 319 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 6 Page 83 of 319 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 7 Page 84 of 319 CITY OF WATERLOO, IOWA Hartel Properties, LLC By: By: Quentin M. Hart, Mayor Stefanie Hartel Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Stefanie Hartel James Hartel 8 Page 85 of 319 EXHIBIT "A" Legal Description of Property Lot 4 and Tract "I", in MidPort America Park Plat No. 1, City of Waterloo, Black Hawk County, Iowa. Page 86 of 319 EXHIBIT "B" Project Drawings See attached. Page 87 of 319 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019, by and among the CITY OF WATERLOO, IOWA ("City"), Hartel Properties, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $240,000 (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 June 30, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2027. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 88 of 319 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Hartel Properties, LLC By: By: Quentin M. Hart, Mayor Stefanie Hartel Managing Member By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2019, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 2 Page 89 of 319 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2019 by Stefanie Hartel as Managing Member of Hartel Properties, LLC. Notary Public 3 Page 90 of 319 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Hundred Forty Thousand Dollars ($240,000) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2019 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. 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0,,,,,,01111,000,1111111100,,,,,,,,,,,,,,,,,,111,1,111,111,111,11.11,11,11,11,11,1110,00,100,11,1,1,11111,1„1,11,111111111 00 1"1"1"1"1111111110.10111,......11.111111. , 1,,,,,,,,,,,,,00po1110,0oo0111111111111111110000100, .0011 ..........10.1111111,1111111,1'1101,00111 11111111111111111111,1111111111111 ^ 1111 111111111111 1 11111111111 11 10 ,111111 1. 11.. 11,1 .111110,1111,1 11111.0011 011,111 1,11,1100, 1 „II 111001 III' 001 „ III 11 111 1 Building 1111 011,111.101.1110,1111101, 0,011 0 1111 1,11 111, 1,11,...111110,10,11110,11 00011111 0111,1 111111111111111111111011 111111100,0001,11,0 11,01,11,11, 111 1,111 00000000000000,111111111111111111111111111111111111111110000111111111111111111111111111111111111011111111111111111110000100 „III 0 01,111 10010 0000 111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111.1 „„„„„, 1111,00000000011011110000000 „1„1„1„,„„010°IIIIIIIIIIIIIIIIIIIII°11111111111111111111111000,1 01,11 1111111010,011110,111111111110101„1„101,00,01111,1111111111111111,010,11111,1011010101,101,10101,111110'11111111 100000000000000000 0000000 II 11111111111111IIIIIIIIIIIIIIIIIIIIIIII0poo0000000000000„0„00101101,01111 III° 0011110 000 1011 0010,000 01.0 1,0,00011 1,11011,11111111111111111111111111111111111111111111111111111111111111111111111111111111111 1„ 01,11,11,11, 1011 ...................0000000000000.00 1001 111111111 11111111 1, 1111111111 11,01 00, 111, 1, II 1 100 111111111111 11 101,10111,111,11,00001,11,11,1111,01,11 10, 11111111111 „111111111110D000000pol11,1111,101111111,111 1111,111111 , 1 111111110 0011111pH, 11111100111, 1111111111111, 1 11, 11111 111 III , „0,1"11,1111 11 1 11 11,0111111 11 1 111111 11 01. 11,11.01100 11,, 1.010, 111111111111111 .1111111111 110,111,101 „1001,1111,11,11 1100,1„11 11 II 1111 '1111111 1 1 III 11 11111111 10,11,1111,11,11 01011,11 11 0110111 111 00000000000000010000001000010001„1110100000, 0 11,01111111111111 1011111 00111101000111101011,0111101101101„0 11.0010111111.1.1 1100,1 , 1111110, 1111 000,100,11, IIIIII1110101010101010101010101111IIIIIII1 11,11,000000110,00.01 1,1111 11111 0,00.0111.111111111111,„ I.., 001111 Ill, 1 , 0110101 11111111111111111111111111 11111111111111111 1111111111111111111111111111111111111111111111111111111111111111111111111111 000000000000000000000000000000000 101,10001 11 111101010101010101,,,,,,,,, 1000011010101010101101,11111111, 0111.1111111111111111111111.11.1 11111 „ 101.111111111111111,10 0,0111*;011111,11011 10,00 , I 00000110100011111111111' 0'11100 111111111111111111111111111111111111111111111111 111111110,11111„. 01100110101010101010101010111111111111111111111 1„,,,,,,00101101010101010101011 111111 11111111 1010000loo0000000000000000000001111111111110 100 01, 1111111111111111111111111111111 10.00111,10 1111111111,111111111110,10,11, ill) 1 1,10 II 11, 11111 11111111110,,,, 11 111111111111111111111 11 1111111'11111111111 11111111111111111 I I 0 I III' 1 1 11 111111111111111111111111111111111111111111111 11 111111111 111 1 01 ,110,01111011,110111111111111111111111111111111111111 11 1 1,14,11,001111111111111011001 I 00 III. ,, 001101 0,11,11,11.0.0.0.0.0,000000111111111111111111111 11 11111111111111111111111 0010011.00000.00„. 11111, 1 1 111,1 1110001111111.1.000,000,111101011010111111111110011111.011101,1 11101 11 11111111 1111111111111111111111111111111111111111111111111111,00,000 110, 111111111111 11 11 10 11 11 1 111111111110111011111111,11,10.00,01,10, 1111 I, III 11 III 101 I, 111111111111 111,11 11 „ 1111 I 1,111111111111111 ( i,pAr4 I001°11 000 .1.01111111111111111111111111111111111111111111,111111111111...11„1„1„0,00,00,01„1„1„1„1„1„1„1„110,1„„l000000000000 1111111111111111 1111111111 1 11„,101111111110000000000000000111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,i) .111111111111111111111111111111111111111111111111111111111,11111111111111111111111111111111111,11, 100100000000000,0000011111111111,1111111111111111111111111111111111 1,0 111 111,11111110,10010010001111111110111.0. 101 II 1111 10 001010101 1111111111111111111111111111 11111111 000111,111;11,11,11,11,11,11,11,11,11,11,11,11,11,11,11,111,111,11,1111,11,11,1111,11,11111111101111011111111'111,1,1 11, 1111111111111111111111111111111111111111111111111 11,110101010101010101010110101010100101011110 1011110 1,0 11 'll0000lill00111111100piool 11111011111111111 1111 0000000000000000000000o0r0 1 1 1,11 111111111,11,111,11,111,111!111,11,11,1!!!,,,11,1101101„„„„0„1„,„ 1,111111111110,,,0000 111111111111111 11.1,0, 11, 0000000000. 0111 S of 3289 Airport Blvd Site Plan Amendment and Special Permit to "M-2,P" Stefanie Har-tel Page 92 of 319 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Koinonia Ministries Full Baptist Church, in conjunction with the annual church and family neighborhood picnic, to be held at 2222 Falls Avenue on July 28, 2019 from 9:00 a.m. to 5:00 p.m., including music, singing and children's games. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department Reviewer Action Date p()lice pai ent i 1 igby, Approved 7/1 7/2(01 9 SUBJECT: Resolution approving Variance to Noise Ordinance request from Koinonia Ministries Full Baptist Church, in conjunction with the annual church and family neighborhood picnic, to be held at 2222 Falls Avenue on July 28, 2019 from 9:00 a.m. to 5:00 p.m., including music, singing and c hildren' s games. Submitted by: Submitted By: Corbin Payne, Police Lieuteant Page 93 of 319 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from David Adams, in conjunction with the annual Dearborn Street Block Party, to be held on Dearborn Street between Colorado and Indiana Streets on September 14, 2019 from 12:00 p.m. to 10:00 p.m. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department Reviewer Action Date p : ) r ;,1. cii i1d I 1 igby,a c Approved 7/1 7/20 9 . SUBJECT: Resolution approving Variance to Noise Ordinance request from David Adams, in conjunction with the annual Dearborn Street Block Party, to be held on Dearborn Street between Colorado and Indiana Streets on September 14, 2019 from 12:00 p.m. to 10:00 p.m. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 94 of 319 CITY OF WATERLOO Council Communication Recommendation of appointment of Richard Strange to the position of Fleet Maintenance Director in the Central Garage with a starting date of July 24, 2019. City Council Meeting: 7/22/2019 Prepared: 7/18/2019 REVIEWERS: Department f ' u hi ; ojo k s Depart Reviewer v et i hpbyy N iiricy ATTACHMENTS: Description 0 Fleet aintenance Job Description O 1Fleet Personnel "Requisition o Fleet c t, Question:n mare SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Type Cover er ,10 B',acku. terial Backup t ,ri.:.. Date 7/19/20 is Recommendation of appointment of Richard Strange to the position of Fleet Maintenance Director in the Central Garage with a starting date of July 24, 2019. Submitted By: Randy Bennett, Public Works Manager Approve appointment This is a new position to manage fleet maintenance in the Central Garage. This position is budgeted for the current fiscal year. Regular Salary - $72,571.20 Hourly - $34.89 Benefits - $102,315.20 Hourly - $49.19 ($14.30 per hr. for benefits) General Fund Strategy 2.2: Enlist all City departments and staff members to promote a safer community. Page 95 of 319 Go to www.cityofwaterlooiowa.com, click on Job Openings, review Fleet Maintenance Supervisor description and follow directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Do not send resume directly to Public Works. Deadline to submit resume is Noon on Friday, March 29, 2019. CITY OF WATERLOO, IOWA FLEET MAINTENANCE SUPERVISOR DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT PUBLIC WORKS — CENTRAL GARAGE $70,000-$80,000 annualized based on experience EXEMPT EXCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Supervise and coordinate the equipment and vehicle maintenance services, activities and operations within the Vehicle Maintenance Section of the Public Works Department; coordinate assigned activities with other City departments, divisions, units and outside agencies; provide highly responsible and complex administrative support to the Division Manager of Public Works. The work is performed under the general direction of the division Manager of Public Works but considerable leeway is given for the exercise of independent judgement. This is a technical, hands-on inspections and maintenance position. Exercises direct supervision over Garage Mechanics and Parts & Supply Inventory Clerk. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Supervise all services and activities of the City equipment and vehicle maintenance activities and operations; assign and oversee work of staff assigned to equipment and vehicle maintenance within the Vehicle Maintenance Section of the Central Garage. 2. Manage and participate in the development and implementation of goals, objectives, policies and priorities for equipment and vehicle maintenance services, including the maintenance and repair of all light and heavy vehicles and emergency Fire Rescue vehicles, and all appropriate non -rolling equipment. 3. Recommend, within departmental policy, appropriate service and staffing levels; recommend and administer policies and procedures. 4. Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor work load; identify opportunities for improvement and review with the Division Manager of Public Works; implement improvements. 5. Train, motivate and evaluate equipment and vehicle maintenance personnel; provide or coordinate staff training; work with employees to correct deficiencies; recommend discipline and termination procedures; participate in the hiring and orientation process for new employees. 6. Plan, direct, coordinate and review the work plan for the vehicle maintenance unit; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures. 7. Participate in the development and administration of the vehicle maintenance budget; forecast funds needed for staffing, equipment, materials and supplies; monitor expenditures. 8. Serve as liaison for the vehicle maintenance unit with other City departments, divisions, units and outside agencies; help negotiate and resolve significant and controversial issues. 9. Provide responsible staff assistance to Division Manager of Public Works; prepare and present staff reports and other necessary correspondence. 10. Develop and monitor schedules for maintaining and repairing vehicles and equipment; work with various City staff members to schedule vehicles and ensure appropriate turn around for repairs and maintenance. 11. Make recommendations for new equipment purchases; prepare specifications for new purchases as assigned; assist in the preparation of Page 96 of 319 specifications for new vehicles and equipment for other departments, divisions and units; order and purchase supplies and equipment as appropriate. 12. Establish and monitor complete, accurate, and accountable controls for all fuel, parts, supplies and tools used. 13. Maintain records and inventory of all repairs and maintenance completed on City vehicles and equipment; maintain records and inventory of all parts and supplies procured for vehicle and equipment maintenance operations. 14. Participate in union contract negotiations; participate in the resolutions of employee grievances. OTHER DUTIES AND RESPONSIBILITIES 1. Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of fleet maintenance and repair. 2. Respond to and resolve difficult and sensitive inquiries and complaints. 3. May participate in supervision of other units within Public Works as assigned. 4. Perform other duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Operational characteristics, services and activities of a municipal vehicle and equipment maintenance and repair program. 2. Materials, methods, practices and equipment used in the maintenance and repair of a wide variety of light and heavy vehicles and other equipment. 3. Occupational hazards and standard safety precautions necessary in the work environment. 4. Operating and repair characteristics of the entire range of City -owned vehicles and equipment. 5. Organizational and management practices as applied to the analysis and evaluation of vehicle and equipment maintenance services, policies and operational needs. 6. Modern and complex principles, practices and procedures of automotive and equipment maintenance and repair. 7. City and State purchasing procedures and policies. 8. Advanced principles and practices of budget preparation and administration. 9. Principles of supervision, training and performance evaluation. 10. Pertinent Federal, State, and local laws, codes and regulations. 11. Analyze problems; identify alternative solutions and implement recommendations in support of goals. 12. Interpret and apply Federal, State, and local policies, procedures, laws and regulations. 13. Communicate clearly and concisely, both orally and in writing. 14. Establish and maintain effective working relationships with those contacted in the course of work. 15. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma or equivalent, supplemented with advanced training in automotive and equipment maintenance and repair. 2. Six years of increasingly responsible experience in the maintenance and repair of all types of light and heavy automotive and other equipment including one to two years of lead supervisory responsibility. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Possession of, or ability to obtain, an appropriate, valid commercial driver's license with tank, air brake and tractor trailer endorsements from the State of Iowa. 3. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for Page 97 of 319 OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at - fault accidents within a three-year period while driving on City business. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without reasonable accommodations. 1. Sufficient strength to perform assigned tasks including lifting and carrying up to 40 pounds alone or additional weight with assistance. 2. Sufficient strength and ability to work from ladders, scaffolding or man -lift up to twenty feet in the air. 3. Sufficient stamina to perform strenuous activity up to eight hours per day including carpentry, HVAC, electrical, plumbing and other maintenance duties. 4. Sufficient speech and hearing that permits the employee to communicate effectively with other workers, tenants and vendors in person or over a telephone, to understand verbal instructions, respond to questions from the public, diagnose equipment malfunctions and to safely operate equipment and tools. 5. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient dexterity to safely operate powered and manual construction tools and equipment. 6. Sufficient color vision to identify indicator lights on electronic control panels, electrical wiring, heating, cooling and plumbing pipes. 7. Sufficient personal mobility that permits the employee to move physically from one City facility or property location to another with tools and equipment and to work for extended period of time in cramped or difficult to reach areas. MISCELLANEOUS 1. Office/vehicle repair shop environment; exposure to heavy equipment, dust, dirt, noise (>85dB), and grease; exposure to hazardous materials and waste, electrical hazards, flammable materials, gas fumes, and other potentially harmful vapors, outdoor and extreme weather conditions; irregular hours; confined spaces; working alongside moving traffic on roads. 2. Must wear personal protective equipment such as safety shoes, safety glasses and hearing protection. 3. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within ten -mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by Division Manager of Public Works). 4. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. Following a conditional offer of employment, the City of Waterloo requires a physical examination including a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 6. The City of Waterloo will conduct a background investigation including employment, education, driving and criminal history checks on any applicant being considered for this position. 7. Must submit to and pass interview process as determined by Division Manager of Public Works. WORK SCHEDULE Will generally work Monday -Friday 8:00 a.m. - 5:00 p.m. with a one hour unpaid lunch. May be required to work occasional evening and weekend hours. Must respond to emergency calls on weekends, evenings and holidays. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. FLEET MAINTENANCE SUPERVISOR DESCRIPTION 19 March 2019 Page 98 of 319 Check as applicable: PERSONNEL REQUISITION FORM RECEIVED JAN 16'M (2" EJ To start recruiting or civil service process and/or n To fill a vacancy D Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position. Title: Fleet Maintenanc Department: Central Garage — - - - Reports To: Public Works Director- Work Location: Central Garage Public Works Employment Status: E Regular Full Time r Temporary Full Time from to Regular Part Time LI Temporary Part Time from. to El Regular 7-Month Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: Ej C Yes 0 No 0 Internal Posting Only Bargaining Position: rl Yes n No Z Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ' N Yes LI No Complete the following if the requisition is to fill a vacancy: Z New Position or 11 Replacement Position for: (Specify M iittp of fonner incumbent)Date incumbent terminated employment: Date of final payout: Anticipated start date: ASAP No. of hours/week: 40 Work schedule: TBA Justification of need for position: Position is proposed to be budgeted for FY2O. This positions replacement for retiring Garage Foreman. Recommend position be a non -bargaining, management position, capable of making departmental decisions in the best interest of the City. Oversees the planning, assignment and supervision of mechanics. Review and prioritizes daily workload. What are the likely consequences if the position is not filled? Critical position in the delivery of vehicle and equipment services to all departments and citizens. APPROVALS Annual salary requirements: $72,571.20 Hourly Rate: $34.89 - -- Benefits: $49.19 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? fl Yes M No If no, how will position be funded? Approved subject tol the following conditions: ii‘c\m, J Sulimitting Depairtment Head Date ,464-16 �9 WeI2n__-- ChieTFinancial Officer Date -GYM' 77 of Mayor «.v :..Re5pgrc.e,s Page 99 of 319 PERSONNEL REQUISITION {Fleet Maintenance Supervisor) The following questions are provided as guidelines to assist you in developing your rational for the position of (Fleet Maintenance S ape v sor"rin the {Central Garage) Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Oversees the planning assignment and supervision of mechanics in the repair and maintenance of the it's fleet of vehicles and equipment. Reviews and prioritizes daily and weekly work assignments based on staff, equipment and parts availability. Monitors maintenance qf all departmental equipment Assists Public Works Director or in accomplishing both short and long term objectives for the department. Assists the Director in hiring, evaluating and counseling of employees. Works under the general direction of the Public Works Director. Position is non -bargaining. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No — mechanics are union employees and cannot assume some of the responsibilities allowed to rddr ss any type personnel issues. (3) How is the work of this position being accomplished now? It is not. The working foreman is not allowed to address personnel issues and does not have the time to schedule and prioritize workloads. (4) Are the filled positions in your department currently being utilized to their maximum . potential? Yes (5) How would filling this position meet the needs ofyour department or the City on either a short-term basis if temporary position) or a long-term basis (if a regular position)? This position is vital to the cohesion of the department and vital to the department accomplishing the departmental goals and objectives. What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position is responsible to insure that the man-hours available within the department are utilized to their maximum potential. If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? N/A Page 100 of 319 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The Garage's mission is to reduce equipment downtime and to strivefor zero defect maintenance. With over 450 vehicles and pieces of equipment to maintain and 7 mechanics the workload at times is overwhelming and priorities need to be in place. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. This position is crucial to the overall management of the department. 00 How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Responsibilities All on the Public Works Director. (11) Is it possible that the City could outsource this position to an outsi se agency? If so, what savings, if any, would the City realize as a result of this change? No (12) Flow would you rank this position in temis of its contribution to City business in comparison with other positions reporting to you? This position is critical to the overall management o the maintenance of the City's leet of vehicles and equipment. (73) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position is responsible to insure that the department provides the services to departments as outlined by the City Council goals and objectives. ote: orward completed questionnaire to H an Reso rces Department with original copy of Personnel Requisition form. Page 101 of 319 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer ATTACHMENTS: Description .for coin , m approval / 2,2. 1 9 SUBJECT: Bonds. Action Date Approve '4 7/1 7/2 Type Back upii Page 102 of 319 BONDS FOR COUNCIL APPROVAL July 22, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 55-193385 64662883 DONNA L NELSON AND VERNER D. NELSON VERACITY EXCAVATING LLC WATERLOO, IA LA PORTE CITY, IA Page 103 of 319 CITY OF WATERLOO Council Communication Asphalt Emulsions for the City's Recycled Asphalt Paving Program. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department Reviewer P . arks . . :nc Even., ATTACHMENTS: Description 0 20 19 13 id la SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Date Approve '4 1/1 7/2 Type 13 ack up aerial Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of bid documents, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution awarding bid to Bituminous Materials & Supply of Des Moines, Iowa, in the amount of $152, 500 in conjunction with Asphalt Emulsions for the City's Recycled Asphalt Paving Program, and authorize the Mayor to execute said documents. Submitted By: Randy Bennett, Public Works Manager Approve Motion This program consists of cold, in place mixture of liquid emulsified asphalt with crushed hot mix product. $220,000.00 Local Option Sales Tax - 205-19-7110-1513 Goal 2 - Strategy 2.2 - To enlist all City Departments and staff member in efforts to promote a safer community. Emulsified asphalt is used in out recycled paving program yearly for unimproved streets. Page 104 of 319 Asphalt Emulsions for the City's Recycled Asphalt Paving Program Bid Tab: July 18, 2019 Estimate: $220,000 Bidder Bid Security Bid Amount Bituminous Materials & Supply Des Moines, IA None $152,500.00 Page 105 of 319 CITY OF WATERLOO Council Communication Resolution approving Fiscal Sponsorship Agreement with the Waterloo Youth City Council. City Council Meeting: 7/22/2019 Prepared: 7/12/2019 REVIEWERS: Department 11� dyo l O rr i c e SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Policy Issue: Reviewer Even, Action Date Approve 19 Resolution approving Fiscal Sponsorship Agreement with the Waterloo Youth City Council. Submitted By: Mayor Quentin Hart Recommend the Council approve the Fiscal Sponsorship Agreement between the Waterloo Youth City Council and the City of Waterloo, Iowa. The Waterloo Youth City Council is a leadership program that teaches civic participation in conjunction with Waterloo Community Schools. Each school will have a selected number of students that will represent the City. Activities will provide leadership training, community service and advocacy. Grants, donations and in -kind support will be requested. This agreement supports the Strategic Plan Strategy 4.5: Maintain and develop community services and City facilities that support quality of place. Page 106 of 319 CITY OF WATERLOO Council Communication Resolution awarding contract to Electronic Engineering of Waterloo, Iowa, in the amount of $10, 886, per patrol vehicle, with an hourly service rate of $75 per hour, in conjunction with the purchase and installation of FY 2020 Police Vehicle equipment, and authorize the Mayor to execute said document. City Council Meeting: 7/22/2019 Prepared: 7/11/2019 REVIEWERS: Department Reviewer Action Date Police Depal tint ohlis, Iiave Approvc 1 7/ 1 1 / 01 Q : ,9 A Clerk -Mee Even., I c. .nn. Approved 7/1 6/ '01 : 7 P SUBJECT: Resolution awarding contract to Electronic Engineering of Waterloo, Iowa, in the amount of $10, 8 8 6, per patrol vehicle, with an hourly service rate of $75 per hour, in conjunction with the purchase and installation of FY 2020 Police Vehicle equipment, and authorize the Mayor to execute said document. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Authorize the Police Department to accept the bid. The Police Department did seek bids from 4 vendors for the purchase and installation in the marked and unmarked squad cars for FYE 20. Three venders submitted timely bids: Electronic Engineering: $10,886.00, service rate $75.00 per hour Summary Statement: RACOM: $12,213.25, service rate $105 per hour RC Systems: $12,771.47, service rate $85.00 per hour Electronic Engineering being lowest responsible bidder. We recommend the approval of Electronic Engineering's bid of up to $10, 886 per squad car, and an hourly service rate of $75.00 per hour. Expenditure Required: $10, 8 8 6 per patrol vehicle. S o urc e of Funds : General Obligation Bonds & General Funds Policy Issue: None Alternative: None Background Information: There were three bids: Electronic Engineering: $10, 886.00, service rate $75.00 per hour RACOM: $12,213.25, service rate $105 per hour RC Systems: $12,771.47, service rate $85.00 per hour Legal Descriptions: N/A Page 107 of 319 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of $16,774.70 for the FY 2017 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 914, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/22/2019 Prepared: 7/15/2019 REVIEWERS: Department Reviewer Action Date n gincerin . Knutson, , Jamie Approvc(1 7/1 6r 01 9 `1 Clerk Office Even., I eAnn Apip.:oved. SUBJECT: Submitted by: Summary Statement: Source of Funds: 7/ 1 7/2019 ,,,, 12:12 I) Motion approving Final Quantity Summary for a net decrease of $16,774.70 for the FY 2017 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 914, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, P L S , PE, Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a decrease to the total project cost. GO Bonds Page 108 of 319 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by B & B Builders & Supply of Waterloo, Iowa, at a total cost of $265,612.93, for the FY 2017 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 914, and receive and file two-year maintenance bond. City Council Meeting: 7/22/2019 Prepared: 7/15/2019 REVIEWERS: Department Reviewer Action Date e Approved oved 7./ 1 6/2 ( 1.9 5:1 8i. g y i i ,,,,,m c ... �.�i n Approved d,: �, � c.. ,,,,, : 1 Clerk.Office ,vc�,�mm i i SUBJECT: Submitted by: Summary Statement: Source of Funds: Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by B & B Builders & Supply of Waterloo, Iowa, at a total cost of $265,612.93, for the FY 2017 Sidewalk Repair Program - Zone 7 and Trail Repairs, Contract No. 914, and receive and file two-year maintenance bond. Submitted By: Jamie Knutson, PE, City Engineer B & B Builders & Supply has completed the above referenced project in accordance with the plans and specifications. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. GO Bonds Page 109 of 319 CITY OF WATERLOO Council Communication Resolution approving the Contracted Education Proposal for the Hartman Reserve Stormwater Education Program in the amount of $2, 570.31, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/22/2019 Prepared: 7/16/2019 REVIEWERS: Department Reviewer Action Date E l g g , Ir A..pproved 7/ 16/2 11� 6 :02 1 1 �m m��m c,,emrmmm�� i�. m��:�,.�t�,�c:� �:�. .� a���m ic�;� � ,,,,, e k: ()Rice 1.Aven. l icA,rm A,pprove 11 12( v 1 03 r ATTACHMENTS: Description 0 1.... artm an.. Contra. SUBJECT: Submitted by: Summary Statement: Expenditure Required: Ec.h,.u..cat .on.. f:' roposal.. 2021) Type Cover Resolution approving the Contracted Education Proposal for the Hartman Reserve S to rmwater Education Program in the amount of $2, 5 7 0.31, and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, P L S , PE, Associate Engineer S to rmwater outreach and education is a required part of the c ity' s s to rmwater discharge permit. The attached is a partnership program with the surrounding communities and the Hartman Reserve Nature Center to conduct a series of s to rmwater education events and programs geared toward local students. This is a renewal of a program that began in FY 2017. $2,570.31 S ource of Funds : Stormwater F ee Background Information: The cost of the program as proposed is distributed among partners by assigning a minimum $2 5 0 charge to each partner, with the remaining cost being distributed according to population size. Funds for this program would be allocated from the existing education line item, with funds previously allocated to brochure printing and distribution. Page 110 of 319 Contracted Education Proposal July, 9 2019 This proposal is between Black Hawk County Conservation Board (BHCCB) and the Cities of Cedar Falls, Elk Run Heights, Evansdale, Hudson, Raymond and Waterloo. Black Hawk County Conservation's Hartman Reserve Nature Center will partner with the cities of Cedar Falls, Elk Run Heights, Evansdale, Hudson, Raymond and Waterloo to organize and conduct storm water education sessions. This effort will occur under the direction of city staff and BHCCB. Education sessions will occur throughout FY 2020 (July 1-June 30) consisting of school groups, field trips, public programs, and summer camps. Overview • BHCCB will provide a wide range of hands on water quality and storm water themed programs to classrooms, and visitors to the Nature Center who come for school trips, summer camps, as well as public and private programs. • This program will allow the participating municipalities to remain in compliance with their DNR issued NPDES (National Pollutant Discharge Elimination System) general permit #2, which contains a public education and outreach program requirement. • The partnership provides a cost effective way for the surrounding communities to meet the federal requirements. • Programs can include; stream table lessons which demonstrate the watershed concept and provides appropriate lessons on the forces of erosion. Live animal exhibits where children get to meet some of the animals that depend on clean water, while learning how water quality affects them. Fishing/canoeing/kayaking where we teach a lifelong appreciation of recreational activities that are directly impacted by water quality. These activities and many more are available to teachers, child care centers and the public. • This initiative will help BHCCB build additional water quality lessons into existing programs and curriculum as well as allow us to provide new and innovative programs. Project Coordination BHCCB will provide program planning, set up, equipment, maintenance and storage of equipment, along with billing and registration. Reports will be submitted at the end of FY2020. Staff BHCCB has two full time naturalists who plan, organize and implement education programs for children and adults. These staff will lead the watershed education initiative. Page 111 of 319 Budget The incorporation of water quality lessons into existing programs, city specific programs, and cost share matching from each of the participating municipalities allows this to be a cost effective education program. BHCCB staff program budget: $5,504.00 City Population Min. Contribution % of total Cost share by pop. Cost share including min. contribution Waterloo 68366 $250.00 57.95% $2,320.31 $2,570.31 Cedar Falls 40566 $250.00 34.38% $1,376.57 $1,626.57 Evansdale 4770 $250.00 4.04% $161.76 $411.76 Hudson 2353 $250.00 1.99% $79.68 $329.68 Raymond 795 $250.00 0.68% $27.24 $277.24 Elk Run Heights 1133 $250.00 0.96% $38.44 $288.44 Total 117,983 $1,500.00 100% $4004.00 $5,504.00 Deliverables BHCCB will provide field trips, classrooms, and visitors with hands on water quality themed programs that will meet the required education component of the Iowa DNR MS -4 Storm water mandate. FY2019 over 3,300 individuals received this instruction. BHCCB will track the numbers and provide a final report at the end of the year or when requested. Invoice: BHCCB will invoice the cities at the beginning of FY2020 and it will be payable within 60 days. Page 112 of 319 CITY OF WATERLOO Council Communication Resolution awarding bid to Miron Construction Co., Inc., of Neenah, Wisconsin, in the amount of $148,226, and approving the contract, bonds and certificate of insurance, in conjunction with FY 2020 Digester #3 Lid Removal, Contract No. 982, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department a.stent Clerk Office ATTACHMENTS: Description n. Oc . i:1) ocme. O id 113on.. o Contract SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer ho l �,� a�r� y bran.. even, :..e ..n... Action pprovc Approved Type i ackup ack up ackup atc riai.. ateriiai. ateriai. Date 7/ 1 7 /2 01 ,,, 9:0'°/ A� 7/ 17 2 01 ,,,,,, I :5 3 Resolution awarding bid to Miron Construction Co., Inc., of Neenah, Wisconsin, in the amount of $148,226, and approving the contract, bonds and certificate of insurance, in conjunction with FY 2020 Digester #3 Lid Removal, Contract No. 982, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve Resolution $148,226.00 S ewer Funds Page 113 of 319 MIRON CONSTRUCTION CO., INC. 1471 McMahon Dhve„. Neenclh„ W 5495,6-6305 PC Box 5091'"\le h „ 54957-0509 """" ffi1111111111 11111111111111111 Building Excellence FY 2020 Digester #3 Lid emoval RFP — City of Waterloo, Iowa Contract Number 982 July 11, 2019 1. WorkPlan PH 920.9691000 STRUCT1ON.COM a. Level the Digester #3 lid to free the lid from a bound position. i. Miron will use multiple porta-power rams to lift the lid in a sequence. Miron will use cribbing to support the lid as we apply pressure and lift the side away from the concrete. iii. iron will get the lid level and loose prior to bringing a crane on -site. b. Crane / Lift i. Use of 500 Ton crane to use a single crane to lift the digester lid. 1. Use of a single crane reduces the risk of the lid spri ging loose and damaging the lid or the crane. 2. Use of a single crane will be safer for the crew members lifti g the lid. 3. City of Waterloo will need to remove a minimum of (1) light post for the crane to set up. ii. Additional picking points to be added to the digester tube steel framing members to lift the lid. iii. Remove internal draft tube mixers from the cover. 1. City of Waterloo will need to disconnect all electrical. 2. Draft tube mixers to be set on cribbing to be provided by the City of Waterloo. Miron has not included inspection or repair. 3. Proposal does not include re -installation. c. Cribbing at Laydown Area. i. Cribbing to consist of crane at, in a configuration to support the Digester #3 Lid. 1. Miron has assumed the lid wi11 be structurally able to support itself on the skirt. 2. Miron has attached a proposed marked up photo of the laydow area. iron does not anticipate excavating any earth or providing any fill. Other Specific Project Exclusions: a. Sales tax. (project has been identified as tax exe b. E gineering. c. Modifications to the existing structure. d. emia ent materials or components. e. All repairs, concrete, steel, lid, other. f. 'e-installation. Neenah. \i'Vl VVCil u siLt IN/k,'„) d [via kee„ CE,:dat". RapidEt, Rage 114 of 319 E UA TY C SE (As provided ii Executive trder No. 11 ,6) AU contr ctors, subcontractors, vendors and suppliers of goods and ser-vices doi g business with t e City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: The contractors, subcontractor, vendor and supplier of goods and services will not SIscrm1nate against any e ployee or applicant for employment because of race, color, creed, sex, nati al origi economic status, age, mental or physical handicap, political o s or affiliations. The contractor, subcontractor, ven or and supplier will develo an Affirmative Action rogram to ensure that a plicants are employed and th t mployees are treated during employment it out re ard to their race, creed, color, sex, national origin, religion, economic status, age, ment I or physical sisabitity, potIticai o ions or affiliations. Such actio s shall include but n*t be Iimite to t e following: a. Employment b. pgrading c. Demotion or Transfer Recruitment nd Advertising e. Layoff or Termination f. R tes of Pay or Other Forms of Co pe sation g. Selection for Training Including Apprenticeship 2 The contractor, su contractor, ve dor and supplier of goods and s-rvices will, in all solicitations or advertisements for employees, state that afl cualified applicants wiU receive consideration for e ployment without regard to race, creed, color, sex, national origin, religion, economic status, age, ientaJ or physical discdisasilities, political opinion or affiliations. The contractor, subcontractor, vendor ans sup lier or his/her collective bargaining representative will send to each labor union or represe tative of workers which he/she has a collective bar 'ning agree ent r other contract or underst nding, a notice avising s labor union or workers' representative of the contractors commitment under this section. 4. The contractor, subcontractor, ven sor and s pplier of goods and services will corn ty with all published r les, regulations, directives, EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 PAGES Page 115 of 319 41, and order of t e City of Waterloo Affirmative Action Program Contract Compliance Provisio s. The contractor, subcontractor, vendor and supplier of ioods and services will furnish and file compliance reports within such time and u son 'suc f rms as rovided y the Affirmative Action Officer. Said forms will elicit information as to tHe policies„ procedures, patterns, and ractices of each subcontract r as eIi as the contractor hir self/herself and said contractor, subcontractor, v,ndor and su 'Hier will per: it access to his/her employ ,,,.ent books, records and accounts to the City's ,Aftimiativ ction Officer t for the purpose of investigati, in to ascertain compliance with this contract and, with Liles and regulations of the City's Affirmative Action Program — Contract C mpliance Provisions rel' live to :esolution o. 24664. 6. In the ev nt of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of such rules„ regulations and or'' ers„ this contract may be c,':..neeled, terminated or sus nded in whole or in part and the contractsr may be declared ineUgibie for further contracts in accordance with procedures aut ,orized y the City Council.. 7. The contractor, subcontractor, vendor and supplier of goods and servces wU include„ or incor orate by reference, the provisions of t ,e n iscriminati, 11 clause in every contract, subcontact or purchase or er u,nitss exempted by the rules, reg Iations or orders of the Citys Affirmative Acti,in Program, and will provide in every subcontract, or purchase order that said provisions will be bin upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are :morally a, comHitted to non-discrimination in employment. Any person who aR lies for era loyment with our corn any will not be discrimi ate against because of r ce, creed., col r, sex, national orkjin, econo ic status, age, m ntal or hysical (Signed) (Appropriate David G. Voss, Jr. President (Title EQUAL OP ORTUNITY CLAUSE PAGE 2 OF 2 PAGES Page 116 of 319 61-CloL14 MB BE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM MiConstruction Co., Inc. Prime Contractor Name: ron Proiect FY. 2020 Digester # Lid R Letting Date: 7 9 NO MBEWBE SUBCONTRACTORS: If you are NOT using any PABE/W E subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE( BE subcontractors will be used please use the bottom portion of this form. ontractor S' re: Title:President Date. 7/11/19 PaVOSS,JL SUBCONTRACTORS APPLICABLE You are required, in order for your bid to be considered responsive, to provide the normation informationon this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-791-4429_ You are required, in order for your bid to be considered responsive, to provide the information o, this Form showing your MBE/VVBE Business Enterprise contacts rnade prior to your bid submission. This information is subject to verification:- and confirmation. If you are unable to iden ify MBEMBE firms to perForm portions of the wor ease con act Rudy unes, Contract Compance 0 cer, for assistance at (319) 291-4429. In the event it is determined that the BE/WBE Business Enterprise goals are not me , then before awarding the contract the City of Watertoo make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. MB 'ANT_ Subcontractors TABLE OF INFORMATION SHOWING BIDDER'S PRE -BID MBEANBE BUSINESS ENTERPRISE CONTACTS notes Receive( Dates Contarte Dates Contaete iron will have no subcontractors on khLsproject. Pro cti only en ails the removat of th (Form CCO-4) Rev. 06-20-02 notation used in but es, o Dollar Amount Proposed to be Subcontracted i_xster Lid which Mirou will do itself. --- Oct Dates: Oct. Dates: Dates: dder Status Form To be completed by ail bidders Please answer "Yes" or "No" for each of the following: IN Yes 0 No Yes 0 No Yes 0 No LE Yes Or No Yes No Pa My company is authorized to transact business in Iowa. (T help you determine if your company is authorized, please review the worksheet on the next page. My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your co pany qualifies as a resident bidder. Please complete Parts B and 1 of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders y company has maintained offices in Iowa during the past 3 years at the following addresses: 2001 to Oct. 2016 Address: 9440 Atlantic Dr, SW, Suite 3 CityStateZip: Cedar Rapids, IA 52404 , , Preser4 Address 335 French Ct. SW City, State, Zip: Cedar Ra ids, A 52404 Address: City, State, Zip: 2016 to You may attach additional sheet(s) if needed. Part A ow To be completed by non-resident bidders 1. Nae of home state or foreipountry reported to the Iowa Secretary of State: Wisconsin Part C 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor Yes K:! No force preferences or any other type of preference to bidders or laborers? 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sh To be co pleted by all bidders s) if needed D I certify that the statements made on this document are true and complete to the best of my knowledge and 1 k ow that my failure to provide accurate and truthful information may be a reason to reject my bid. Fir Name: Miron Construe n o• Signature: Date: 7/1 9 You must submit the completed form to the governmental body requesting bids per 875 Iowa Administra lye Code Chapter 156. This form, has been approved by the Iowa Labor Co miSsioner. 309-6001 (09-15) Page 118 of 319 Worksheet: Authorization to Transact usiness This worksheet ay be used to help complete Part A of the Resident Bidder Status for If at least one of the following describes your business, you are authorized to transact business in Iowa. [3-il Yes 0 Yes Yes Yes 0 No My business is currently registered as a contractor h the Iowa Division of Labor. No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is a active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. IN Yes • No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. Yes 4 No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. Yes 1:11 No Yes No YesO No Yes td No O Yes la No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 3O960O1 (09-15) Page 119 of 319 A CONSTRUCT1 CONTRACTOR Nr ADDR (C FE I SS: ,ck le) E A 1D#: FOR ATI FO NEEDE 110 SALES TAX EXEMPTION CERTIFICATE E: Mtron ConstructionCo., Inc. _35 French C PRIME 9-0787083 RO CT NAME: FY Digester #3 Lid PROJECT CONTRACT O.: 982 CRiPTtI OF rickwork Carpentry Concrete Dr oil *laste -Insulation Electrical Excavation/Grading Floorin Heavy Construction eatini-V ntilatin -Air Cond eda 0 antds. IA 52404 SUBCO LovaJ Men T ACTO andse ing Paint' Pavin Plu ng oofing-Siding-Sheet etal Win ows WreckingDe olition Other lease s movai of Lid I Page 120 of 319 WISCOnSIn State of County of that: David G. Voss.. He is ,iron eing first d y sworn,. deposes and sa:s • ni n.strtAction .Inc.the Bidder that has ,- 'itted the aft:ached Bid; 2. He is fully info rill eid respecting the prepartion and contents of the attached Bid and of all pertinent eircurristatices respecting such Bid; 3. Such Bid sgetHuirre and is not 3 col US ve or stia rr 4. 4?,,,,,,ither the said Bidder nor any of" its officers, partners, o'..ners„ agents., representatives„ eniployees„ or parties in interest„ including this affiant, has in any ',ay co 1 tided on conn iv ed or a gre ed „ dire. ty or indirectly, wit h uiy other E3rdder„ firm or person to submit a collusive or sham Bid in coilnecti.on with the Contract for NhiCi tiiO it.tached Bidhas been submitted or to refrain, from bidding in connection with such Contract, or has in any rnanner, directly or indirectly„ sought ,by agreerrient or collusion or cornmtinicatic,n or conference with any oth'.,..r Bidder,. firrn or" pet -son to fix the price, or prices in the attached Elid or c>f any other Bidder, or, to fix any overhead, profit or cost elernent ofthe bid price or tile bid price of any other E3idder, or to s,'.clire, through any collusion„ 'conspiracy, onnivance, or unlawful ,agreernet.t. any advantage .against the ( ty of Watcroo„. Iowa, or any person interested in the Propo,sed Contract; and The price or prices quoted . in the ittached .Bid are fair. and proper and are riot t,..;....iinted by any collusion* conspiracy,. connivance or unlawful iagreement on the part of the Bidder or any of its agents, representatives, owners, erriployees, or wirt ies interest, including this affiant. fit le Suilscribed and suuiorn to before me th1 1 th.,is My commission expires otary tor Winnebago County, -esident Title Page 121 of 319 EXTRACT FROM BY-LAWS OF THE COMPANIES "A„rticle V, Section 8, Attorne„'„s, in -fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President ay, by written instrume t under the attested corporate seal, appoint attorneys -in -fact with authority to execute b nds„ policies, recognizances, stipulations„ undertakings, or other like instru„,',,ents on behalf of the 'Company and may authorize any officer or any such attorney -in -fact to affix the corpor te seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1„ the undersiged, Secretary of the ZURICH, ALTRICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FUSELITY A ID DEPOSIT COMANY OF MARYLAND„ do hereby certify that the foregoing Power of Attorney is still i, 'MI force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and bindi g on the Company," This Power of Attorney and Certificate lay be signed by 11.1csimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMiAr Y at a meeting duly called and held on the 5th ay of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF ,MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the 'facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary„ or Assistant Secretary of the Company, whether made heretofore or hereafter„ 'wherever' ,appearing upon a certified copy of any power of attor ey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. iN 'ESTIMO 'Y WHEREOF, I hav;;lereun „ subscribed my name and affixed the corporate seals of the said Companies, 114 this day of TO RE 0 T A CLAI IT REGA OF THE CLAIM INCLUDING T INFORMATION T Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1, 0.56 Nports Iinn iuildna 0 M 800-6264577 13y: Brian M. Hodges Vice President TO A SURETY BOND, PLEASE SU MIT A COL PLETE DESCRIPTION PRINCIPAL ON THE lOND, TrE BOND NUMBER, AND YOUR CONTACT Page 122 of 319 ZURICH AME ICAN INSURANCE COMPANY COLONIAL A ERICAN CASUALTY AN 1 SURETY COMPANY ELITY AND DEPOSI COMPANY OF MARYLAND POWER OF ATTOi 'EY KNOW ALL MEN BY THESE P'!: SENT'S: That the ZURICH AMERICAN 'INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SU' TY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a co '°ratio of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in purstrdi'',irce of authority granted by Article V. Section 8, of the, By -Laws of said ompanies„ which are set forth on the reverse side hereof and are hereby certified to be in full force and effect en the date hereof, do hereby nominate, constitute, and appoint Kelly CODY, Roxanne JENSEN, Trudy A. SZALEWSKI, Jeffrey S. MOW E, Brian KRAUSE and Christopher K. HOYDEN, all if ilw ,ukee, Wisconsin, EACH, its true and lawful agent and Attorney -in -Fact, to 'ake, execute, seal a„A deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these prese ts, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMR1CAN INSURANCE COMPA Y at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN iCASUA,LTY AND SURETY COMPANY at its office in Owings Mills„ Maryland., and the regul ly elected o icers of the FIDELITY AND DEPOSIT COMPANY OF MARYLA D at its o ice in Owings Mills, ,,aryland., in their own proper persons. The s id Vice President does hereby certify that the extract set forth on the reverse side hereof is a t e ropy of Article V, Section ' f the By -Laws of said Companies, and is now in force. I144 WITNESS WHE' OF, the said Vice -President h hereunto subscribed his/her n.), es d affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, CO ONIAL AME ' CAN CASUALTY AND SURETY COMPANY, and F 1 ELITY AND DEPOSIT COM ANY OF MARYLAND, this 19th day ofJune, A.D. 2019. ATTEST: ZURIC AMERICAN INS :RANCE COMPANY COLONIAL AMERICAN CASUALTY AND SU, '-TV COMPANY FIDELITY AND 1 EPOSIT .COMPANY OF .MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 18th day of Ju e, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, d ly commissioned and qualified, Robert D. Murray, Vice Pr 'Went nd Dawn E. rown, Secretary of the Comp,,Hies, to me personally known to be the individuals and officers described in d wh executed the preced g instru ent, . d acknowledged the execution, of s me„ d being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid„, that the seals ,4H i:xed to the preceding instrum nt e the Corporate Se s of said Comp ies, and that the sH.;d Corporate Se s and, the si .hiuLre as such officer w re duly affixed and subscribed to the said instruent by the au ority and direction of the said Corporations, , TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day a „d year first above written. Constance A. D nn, Notary P blic My Com ission Expires: July 9, 2023 Page 123 of 319 'DINNER!' In the penal SUM Dc 5% f Amount Bid gars BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, _ARTA ,c0N$TRUCT ON 0 as Principal! a FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety are held and firmly bound unto the JJJY QLWAIiEQJLowa, hereinafter called Five percent of arnount lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves., our heirs, executors, administrators, and successors, jointly and severally, 'firmly by these presents. The condition .of that whereas the Principal has submitted the accompanying bid dated the . July '2.0 19 for NOW, THEREFORE, (a) if said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver as contract in the form specified and shall 'furnish a bond for his faithful performance of said contract, a d for the pyment of all persons performing labor or furnishing materials in connection therewith„ and shalH,n all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be 'void, otherwise the same shall :remin n force and effect; it being expressly understood and agreed that the liability of itte, Surety for any and all claims hereunder shalt in no event, exceed the penal amount of this obligation as herein stated., By virtue of statutory authority, the MI am Lint of this bid bond shall he forfeited to the Owner in liquidation of damages sustained in the event that the Principal: fails to execute the contract and provide the bond as provided in the specifications or by laia The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time 'within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any_sucb extension‘ IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands arid seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this JjLh day of ju!Y A.D., '2019 Witness Witness al MIRON N, TRU 'T By Dav d G. Voss, President FIDELITY AND DE.OSIT COMPANY OF MARYLA RSeal) Surety By Attor eyrfac Kell9 Cody - (Title Page 124 of 319 w FO i i� '� � D OR PROPOSAL ///'' / r; rrr/� /� , /y�(W$erG%o , / r / r r / / 1 r r' r /r � r of D /% %/ r / / / i / r �/ i rrr 2$20 DIGESTER„ 1$O RE QVAL CONTRACT 982 CITY OF WATERLOO, IOWA, Council ////2%; �i/r jjj onsist i g of the low' xistin under die laws' the State of ray a r, N nets: having o, „/„rill i%i/,,, !,,,rrrr // r 7 /i , No n-C011us, n Afrulavftot 'rI prepre to. u a f' r a nc, ja1, i moo„ „ roio// /j//// %%/'/%%/ l ex er Il %ar%//i, /ilt ' rhe st.thcntractors Slibrrlit in writ it lg that they rniu ol fulhtl t1uu ubcont,ra,cts. 11. ,bidder has hflotl in ;at blanks on this proposal. tic blanks r,i-nYt applicable are marked "non' or " A. 12. Thib, kkieF tHr s attache :11 ,applicable forrns. The Owner reserves the right to select. alternates, 11 )tete line items, ,andior to reduce quan ties ,prior to the award of a contract due to budgetary Ilta IOflL non ConstructionCo., Inc, 7/11/19 ,# Name of Ridder) .,te David G. Voss, Jr. Iress: (Including Zip (od): President 5 Frcnch # 'edar Rapids IA 514()4 9-0787083 Page 127 of 319 1-1 ek 1- 0 A in 1- IN, t o , , BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, MIRON CONSTRUCT ON CO., INC. as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety are held and firrnly bound unto the CITY OF Five percent of amount bid. "OWNER." In the penal sum Dollars 5s,',4, or Amount Bid ERLQL Iowa hereinafter called ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the llth July , 20 19 for zaQJLLLwi NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, day of (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension . IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officer's this llth day of July , A.D. 201 g (Seal) itness av d G. Voss, Title) President FIDELITY AND DEPOSIT COMPANY OF MARYLAN Surety By Attorhyinfa Kelly Co Sea) Page 128 of 319 FORM OF CONTRACT CONTRACT OR TH CONSTRUCTION OF F.Y. 2020 DIGEST #3 LID EMOVAL CITY OF WATERLOO, IOWA CONTRACT NO. 982 This contract made and entered into this day of 20 ¶ by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and MIRON CONSTRUCTION CO. INC. of CEDAR RAPIDS,IA, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 Contractor agrees to build and construct the FY 2020 DIGESTER #3 LID REMOVAL Contract No 982 and furnish all necessary toots, equipment, materials,. and tabor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shal all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FORM OF CONTRACT PAGE 1 OF 5 PAGES Page 129 of 319 PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before September 6, 2019, unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with tights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shalt have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken FORM OF CONTRACT PAGE 2 OF 5 PAGES Page 130 of 319 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT PAGE 3 OF 5 PAGES Page 131 of 319 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractors unit bid prices, and for which 100% surety bond is required is $148,226.00. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100*/0 of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES Page 132 of 319 CITY OF WATERLOO, IOWA Mayor City Clerk on Construction Co.Inc. Contractor BY: Davit G. oss, Title: President Approved by the City Council of the City of Waterloo, Iowa, this day of 20 A EST: City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Page 133 of 319 CITY OF WATERLOO Council Communication Resolution approving Addendum No. 1 to the Professional Services Agreement with JCG Land Services, Inc., dated November 5, 2018, for right-of-way services, in conjunction with the Ansborough Avenue Widening Project, south of Downing Avenue, and authorize Mayor to execute said document. City Council Meeting: 7/22/2019 Prepared: 7/16/2019 REVIEWERS: Department Reviewer Phallic Operations Even., 1.. , e Arm ATTACHMENTS: Description O A._dd.endil o + Ian.. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Approve Type �,..,��Vel➢ro ..o Cover n.o Date 7/ 17/2 2:0 Resolution approving Addendum No. 1 to the Professional Services Agreement with JCG Land Services, Inc., dated November 5, 2018, for right-of-way services, in conjunction with the Ansborough Avenue Widening Project, south of Downing Avenue, and authorize Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer Approve resolution. The added services covers the acquisition of right of way and an temporary easement from Else property at 903 Downing Avenue. $2,700 Iowa Clean Act Grant (80%) City GO matching funds (20%) Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. A very small part of the comer of the property at south west comer of the intersection of Ansborough and Downing Avenues is needed to meet ADA sidewalk requirements and to install a new mast arm pole. This addendum covers professional right of way negotiations and acquisition services. Page 134 of 319 PROFESSIONAL SERVICES AGREEMENT ADDENDUM NO. 1 To the Existing Right -of -Way Services Agreement Between the City of Waterloo and JCG Land Services, Inc. Dated November 5, 2018 for the improvements to Ansborough Avenue, South of Downing This Amendment made on the day of , 2019 between the City of Waterloo, Iowa (hereinafter referred to as the "Acquiring Authority") and JCG Land Services, Inc., (hereinafter referred to as the "Consultant"), whereas the Acquiring Authority and the Consultant agree to amend the scope of services as indicated in the original Right -of -Way Services Agreement to include the following professional services: The acquisition of right-of-way and a temporary construction easement from the Else property at 903 Downing Avenue. The Acquiring Authority and Consultant agree to amend the Professional Services Agreement for providing the scope of services as described in the original Right of Way Services Agreement, to obtain the additional easements necessary for this project. Compensation to the Consultant for the performance of work described in this Addendum will not exceed $2,700, billed at the agreed -upon hourly rates of $85 for the Acquisition Specialist and $95 for any Project Management time. Reimbursement for expenses will be based on actual mileage and other out-of-pocket costs necessary to complete the work. This Amendment increases the total project to $12,460. This Amendment is subject to all the terms and conditions of the original Right of Way Services Agreement. Upon execution of this Amendment, this document shall become part of the original Right of Way Services Agreement. Approved By: JCG Land Services, Inc. Walton President City of WaterlooIowa, Page 135 of 319 JUSTIN L. ELSE 903 PROPOSE --85C - TEMPORARY CONSTRUCTION EASEMENT Hd 3 MAICFI EXISTING )NSTRUCTION EASEMENT SIA96+8043 T AND S PROPERTIES MANAGE II, LLC 1315-1325 PROPOSED ROW LINE 25 R I E.. S—A 7+ MATCH 3Pd 36d 311d 3Hd 0" CURB & GUTTER u � u OuGH AVENUE X W 2 1 0 1 2 .71, 59.26' 1ST NG �a� REMOVE HANDHOLE Z W c� z z 0 0 i z STA 97+15 - o CD 0 L REBECC ` J. BULVER 244 Control Point 3 / A N: 3645413.86 E: 5224184.62 ELEV: 855.38 PHE PHE OBERT P. DENNY 1237-1239 ROBERT P. DENNY 1237-1239 ge 1 36 AT 16LL�ELEVATIONS AF;E TOP OF SLAB, UNLESS NOTED OTM CITY OF WATERLOO Council Communication Resolution approving Addendum to Agreement No. 2019-6-018 with the Iowa Department of Transportation, in conjunction with Project No. NHSN-063-6(93)--2R-07, for the DOT to pay the City $5,500 towards two (2) detection cameras at U.S. Highway 63 and Airline Highway, and authorize Mayor to execute said document. City Council Meeting: 7/22/2019 Prepared: 7/16/2019 REVIEWERS: Department Reviewer r..[F1: a .l.ic t . ns :Even, :.. e n.. ATTACHMENTS: Description ▪ I) arnagedi::...,, oa O . )ar age SUBJECT: s ict, Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: re Action Approval Type Coverm Cover C over Date 7/17/ 1 9 ,,,, 1 , :; i:) Resolution approving Addendum to Agreement No. 2019-6-018 with the Iowa Department of Transportation, in conjunction with Project No. NHSN- 063-6(93)--2R-07, for the DOT to pay the City $5,500 towards two (2) detection cameras at U.S. Highway 63 and Airline Highway, and authorize Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer Resolution approving the Addendum. As part of this Addendum the DOT agrees to contribute $5,500 toward the purchase and installation of two traffic signal cameras to be installed at the intersection of U.S. 63 and Airline Highway. The City will be installing the cameras. Additionally the DOT agrees to install new detector loops on U.S. 63 northbound left -turn lane (3 loops) and southbound left turn lane (3 loops). $5,500 100% Reimbursable by the Iowa DOT (63 Reconstruction Funds) Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. DOT is resurfacing U.S. 63. Their construction activities has damaged 4 traffic detection loops. Cost of replacing the loops is $5,500. Traffic staff reviewed the situation and determined that installing detection cameras instead of replacing loops on Airline Highway is most beneficial to the City. Additionally DOT has been asked to replace 6 loops on US 63. Traffic Page 137 of 319 Operation will be installing the cameras. The cameras replace the loops on Airline Highways. Page 138 of 319 December 2010 IOWA DEPARTMENT OF TRANSPORTATION Addendum to Agreement No. 2019-6-018 County Black Hawk City Waterloo Project No. NHSN-063-6(93)--2R-07 Iowa DOT Addendum No. 2019-6-018A Staff Action No. N/A This Addendum, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 and 761 Iowa Administrative Code Chapter 150 as applicable; The DOT proposes to establish or make improvements to U.S. 63 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and The DOT and the LPA previously entered into the following agreement for the above referenced project: Agreement No. 2019-6-018 for construction was executed by the DOT and LPA on November 7, 2018 and September 17, 2019 respectively; and Subsequent to execution of the above referenced Agreement it was determined that the milling of the roadway impacted the LPA's loop detectors for traffic signals. In lieu of replacing the loop detectors, the LPA has requested to replace the loop detectors with camera detection. This Addendum reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Now, therefore, it is agreed as follows: 1. The DOT agrees to contribute toward the purchase and installation of two traffic signal cameras and hardware to be installed at the intersection of U.S. 63 and Airline Highway at a cost of $5,500. 2. The LPA shall be responsible for all costs associated with the installation of the cameras in excess of $5,500. 3. DOT will install new loop detection for U.S. 63 northbound left -turn lane (3 loops) and southbound left - turn lane (3 loops). 4. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 5. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability, be excluded from 2019-6-018A_Waterloo.docx 1 Page 139 of 319 December 2010 participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. 6. It is the intent of both (all) parties that no third party beneficiaries be created by this Addendum. 7. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Addendum cannot be fulfilled. 8. All previously executed agreement(s) and or addendum(s) will remain in effect except as amended herein. 9. This Addendum may be executed in (two) counterparts, each of which so executed will be deemed to be an original. 10. This Addendum, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements will remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2019-6-018A as of the date shown opposite its signature below. CITY OF WATERLOO: By: Date , 20 Title: Mayor I, , certify that I am the Clerk of the City, and that , who signed said Addendum for and on behalf of the City was duly authorized to execute the same on the day of , 20 Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20 E. 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City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department E,W rallic O p ; SUBJECT: Submitted by: Reviewer Even, Action Date Approve 7/17/2 11. Resolution approving a temporary crosswalk and stop sign mid -block in the 100 block of E. 4th Street. Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Approve Resolution Summary Statement: Policy Issue: Temporary crosswalk and stop sign requested during the Irish F est to allow attendees to cross the street safely. goal 2 - Strategy 2.2: To enlist all City Departments and staff members in efforts to promote a safer community. Page 143 of 319 CITY OF WATERLOO Council Communication Resolution approving Real Estate Purchase Agreement with the Bowlers Group II, LLC, for the City of Waterloo to acquire 1.408 acres of land, generally located south of 650 La Porte Road (Cadillac XBC), for the appraised price of $275,911.92, plus up to $2,000 in closing costs, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department lP lannii m ping Clerk Office lapping w on r Clerk Jerk OM. — ATTACHMENTS: Description o contract o 1....., e n ,�1 SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Ivemy 11....c,\..mmm vearm., I[.e '" mom mom Action Approved ectec,: . proved. Approved.. Type Cove] o�..�,..c. Cover cm ° Date 7/ .. 7 /2( 1.9 ,,,,,, 1.. 0 w5 7 7/1_7/ 019 1.2:15 7 17 2.0: 19 ,,,,,, 2:16 Resolution approving Real Estate Purchase Agreement with the Bowlers Group II, LLC, for the City of Waterloo to acquire 1.408 acres of land, generally located south of 650 La Porte Road (Cadillac XBC), for the appraised price of $275,911.92, plus up to $2,000 in closing costs, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approve the agreement The City of Waterloo is working to accomplish several actions with this approval: 1) Help an existing business that is investing and expanding their operations in Waterloo - through the Cadillac Lanes transformation into the Cadillac XBC with Laser Tag, Virtual Reality, Arcade, etc. for the residents of Waterloo 2) Continue to look at project potential sites in the City of Waterloo's three designated Opportunity Zones to allow investors nationwide the ability to bring projects to Waterloo 3) Acquire land for redevelopment along our major corridors and entryways for infill development - creating new tax base on sites where the infrastructure is already in p lac e 4) Look at redevelopment options along the La Porte Road corroder, for which we have over $10 million in place for the traffic reconfiguration and redevelopment of this corridor. Page 144 of 319 Expenditure Required: $275,911.92 plus up to $2,000 in closing costs Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Bond funds Infill Development Economic Development Transportation Not approve The City of Waterloo has dedicated approximately $10 million in federal road dollars over the next several years for the redevelopment of the La Porte Road corridor. As a part of that design and redevelopment, it would be advantageous for the City to be able to see some infill development along the corridor. This site represents a highly visible and marketable site for new development along this major entryway into the community. Cadillac XBC has also recently invested hundreds of thousands back into their center to help bring family oriented entertainment to Waterloo with the addition of the Laser Tag course, Virtual Reality rooms, and the arcade area within the bowling center. This corridor also represents one of the City's three Opportunity Zones, which is a 1- year cycle for investors from all over to be able to bring projects to the area for added tax breaks from the federal government. UNPLATTED WATERLOO WEST PART OF THE SOUTHWEST NORTHEAST SECTION 36 TOWNSHIP 89 RANGE 13 BEGINNING AT A POINT 739.8 FEET NORTH OF SOUTH LINE NORTHEAST 1/4 & 100 FEET WEST OF EAST LINE SOUTHWEST NORTHEAST THENCE WEST 265.31 FEET TO EAST LINE ROLLING ACRES 1ST ADDITION THENCE NORTH TO A POINT IN SOUTH LINE OF THE NORTH 419 FEET SOUTHWEST NORTHEAST THENCE EAST TO WEST LINE OF EAST 100 FEET OF THE SOUTHWEST NORTHEAST THENCE SOUTH TO BEGINNING AND UNPLATTED WATERLOO WEST PART SOUTHWEST NORTHEAST SECTION 36 TOWNSHIP 89 RANGE 13 DESCRIBED AS BEGINNING AT A POINT 739.89 FEET NORTH & 215.7 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTHWEST NORTHEAST THENCE WEST TO A POINT ON EAST LINE ROLLING ACRES FIRST ADDITION THAT IS 739.89 FEET NORTH OF SOUTH LINE OF SAID SOUTHWEST NORTHEAST THENCE SOUTH ALONG EAST LINE ROLLING ACRES FIRST ADDITION 105 FEET THENCE EAST TO A POINT THAT IS 634.89 FEET NORTH & 215.7 FEET WEST OF SOUTHEAST CORNER OF SAID SOUTHWEST NORTHEAST THENCE NORTH TO POINT OF BEGINNING ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA. Page 145 of 319 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: The Bowlers Group 11, L.L.C.("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as assessor parcel nos. 8913-36- 253-005 and 8913-36-253-007, , legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE CHAS PRICE. The Purchase Price, determined per appraisal, shall be $275,91 1. 2, of which $0 is on deposit as earnest money. The entire Purchase Price shall be due and payable in full at closing. 1. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at. closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 60 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. RTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Page 146 of 319 Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that 1 such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or 2 that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain from Black Hawk County Abstract & Title an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing z Page 147 of 319 reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the natter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $2,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid 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 Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. Reserved. 13. JOINDER BY SELLER'S SPOUSE. Reserved. 14. STATEMENT AS TO LLENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. Reserved. 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officers deed shall be used to convey tine. 18. REMEDIES IES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller, C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 3 Page 148 of 319 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or nailed by certified mail, addressed to the parties at the addresses given below. Seller: The Bowlers Group 11, L.L.C. 2608 University Avenue Waterloo, IA 50701 Attn: Managing Member Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreernent shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. B. Special continOencies to effectiveness of A • reement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. No later than closing, the parties shall execute an easement for the benefit of adjacent properties at 650 and 700 La Porte Road, for access to durnpsters at rear of building. D. No later than closing, the parties shall execute an agreement granting to Seller a 10-year right of first refusal to purchase the Property in the event that Buyer receives a bona fide purchase offer from a third party for development of the Property as an entertainment venue available to the public. In addition, Seller's deed to Buyer may include a restriction against use of the Property for bowling, laser tag, arcade games, or virtual reality games. 4 Page 149 of 319 23. ENT' • AG'' EMENT. This Agreement represents the entire agreement between the parties, su u erseding all prior or contemporaneous understandings, negotiations, discussions., or agreements between the parties with respect to the subject matter hereof. 24. ACCE.TANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2019 this Agreement shall be null and void. Dated UYER City of Waterloo, Iowa By: Mayor Attest: City Clerk Acceptea by Selle SELLER 0 L. 5 Page 150 of 319 COUNTER OFFER NUMBER (#) AN ADDENDUM to the Purchase/Sale Contract dated: in response to the offer to purchase the real property commonly known as PARCELS 8913-36-253-007 6/19/19 PARCELS 8913- 6-25 005 AND Made by CITY OF WATERLOO, IA the following Counter Offer is hereby submitted by: E Buyer Ei Seller 1. ITEM 21. SELLERS ARE REPRESENTED BY REAL ESTATE BROKERAGE, FUSION REA TORS OTHER TERMS: All other terms and conditions of the initial offer and any Counter Offers to buy shall remain the same. EXPIRATION: This Counter Offer shall expire by (date) , (time) - a.m./ U p.m. / /19 h 111 Sell lob Buyer -ati, _Date ACCEPTANCE OF COUNTER OFFE The undersigned accepts the above Counter Offer on (date) Seller Buyer Date (lime) LI a.m. El pm. COUNTER OFFER NOT ACCEPTED The undersigned rejects the above Counter Offer (date) , (time) a.m. El p.m. ADDITIONAL COUNTER OFFER The undersigned accept the above Counter Offer with EXCEPTIONS noted in the attached Counter Offer # (date) (time) El a.m. al p.m. Seller Buyer Date E Seller E] uyer Date Form 019 —Counter Offer ©Copyright Cedar Rapids Area Association of REALTORS 2019 Revised 3129/2018 Sal-WM: 052021-700156-0959560 Prepared by:Katherine Eighme Fusion REALTORS?? NewilonneByKathy©yahoo.com '4 Form eS tall 14* 3 1 9 Cadillac XBC legal descriptions: UNPLATTED WATERLOO WEST PART OF THE SOUTHWEST NORTHEAST SECTION 36 TOWNSHIP 89 RANGE 13 BEGINNING AT A POINT 739.8 FEET NORTH OF SOUTH LINE NORTHEAST 1/4 & 100 FEET WEST OF EAST LINE SOUTHWEST NORTHEAST THENCE WEST 265.31 FEET TO EAST LINE ROLLING ACRES 1ST ADDITION THENCE NORTH TO A POINT IN SOUTH LINE OF THE NORTH 419 FEET SOUTHWEST NORTHEAST THENCE EAST TO WEST LINE OF EAST 100 FEET OF THE SOUTHWEST NORTHEAST THENCE SOUTH TO BEGINNING AND UNPLATTED WATERLOO WEST PART SOUTHWEST NORTHEAST SECTION 36 TOWNSHIP 89 RANGE 13 DESCRIBED AS BEGINNING AT A POINT 739.89 FEET NORTH & 215.7 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTHWEST NORTHEAST THENCE WEST TO A POINT ON EAST LINE ROLLING ACRES FIRST ADDITION THAT IS 739.89 FEET NORTH OF SOUTH LINE OF SAID SOUTHWEST NORTHEAST THENCE SOUTH ALONG EAST LINE ROLLING ACRES FIRST ADDITION 105 FEET THENCE EAST TO A POINT THAT IS 634.89 FEET NORTH & 215.7 FEET WEST OF SOUTHEAST CORNER OF SAID SOUTHWEST NORTHEAST THENCE NORTH TO POINT OF BEGINNING ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA. Page 152 of 319 CITY OF WATERLOO Council Communication Resolution approving an Amended Professional Services Agreement with Main Street Waterloo for F Y 2020 in the amount of $40,000, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/22/2019 Prepared: 7/17/2019 REVIEWERS: Department Reviewer Action Date Panning n.». l 1, Sch.roe 'fer, Ads A..pproved 7/ 17/ n :1 n =:: � W - anon pn P° Mi r.-' e <: ()Rice 1 v gin, 1:.,cA,rm grove 11� 12( �. :.� �,. 1 �� . non, n,. ATTACHMENTS: Description 0 Ain ende . P SA SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Back ,..iMaterial Resolution approving an Amended Professional Services Agreement with Main Street Waterloo for FY 2020 in the amount of $40,000, and authorize the Mayor and City Clerk to execute said document. Submitted By: Aric Schroeder, City Planner Approval Main Street has been funded by the City of Waterloo in recent years through a professional services agreement. The proposed agreement for Fiscal Year 2020 is essentially identical to the agreement approved last year, with only the dates changed. $40,000 ($20,000 paid on or by July 31, 2019, and $20,000 on or by January 31, 2019). Downtown TIF and bond funds Economic Development and Downtown Revitalization. Strategic Plan goals 1, 3 and 4. When the Main Street Program was started in the City of Waterloo, there was a Self Supported Municipal Improvement District (55 MID) which paid for Main Street's annual contract. The S S MID was discontinued a number of years back. To keep the Main Street Program going in Downtown Waterloo, the City of Waterloo started to pay an annual amount for the program under a services contract. In recent years Main Street has also requested and were approved for an additional $10,000 that was paid out of Hotel/Motel Tax discretionary fund. Main Street intends to request from the Hotel/Motel fund again this year, but that will come as a separate request. Page 153 of 319 AME E PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of i , 2019, by and between Main Street Waterloo, whose address for the purposes of this agieernent shall be 212 East 4111 Street, Waterloo, Iowa 50703 (referred to as the "Client"), and the City of Waterloo (referred to as the "City"). WHEREAS, City desires to engage the services of Client to furnish technical and professional assistance in connection with the redevelopment of towntown Waterloo and including, but not limited to, implementing the "Downtown Urban Renewal Plan"; and the Client has indicated its willingness to provide such technical and professional services to the City. NO, THEREFORE, the parties mutually agree as follows: A. Scope of Client Services The Client agrees to perform in a good professional manner the "services outlined in Attachment "A"; a copy of which is attached and made a part of this Agreement. B. Materials to be Provided by the City In the event that any information, data, reports, records and maps exist, are available to the City, and may be useful for Client's carrying out the services of the Agreement, these materials shall be promptly furnished to the Client without its cost or expense. C. Meetings and Reports Upon reasonable notice, the client agrees to attend a reasonable number of meetings with the City of Waterloo, and staff during the life of the Agreement. In addition, the Client will produce reports, studies and memorandums in connection with canying out the services outlined in the Agreement with the City. Subcontractors Client may elect to use subcontractors to perform certain portions of the services. Client shall remain responsible for all services. E. Changes Any changes in this Agreement, including Scope of client Services and any modification of the amount of compensation, shall be first mutually agreed upon by City and Client and incorporated into a written amendment. Page 154 of 319 Page Two Professional Services Agreement F. Compensation and Payment Method For services to be rendered under this Agreement, the City shall pay Client's fee of $40,000 during the City's Fiscal year 2020, which commences July 1, 2019 and runs through June 30, 2020. Payments shall be made on or by July 31 in the amount of $20,000 and by Jan 31 in the amount of $20,000 of the respective year(s) in which said payment is due upon presentation of an invoice by client. This Agreement recognizes Main Street may apply for a $10,000Hotel/Motel Tax Grant program, a competitive grant program, for up to $ 1 0,000 in additional funds. C. Time of Performance and Dela s be and Client's Control The services of the Client shall begin upon receipt of an executed copy of this Agreement, and shall, except for causes beyond Client's control, be completed in a timely manner. The completion of services by client shall be contingent, among other things, upon the timely receipt from the City, data and reports described in Paragraph B above. Further, the Client shall not be in default by reason of any failure in terms, if such failure arises out of reasonable causes beyond the control and without the fault or, negligence of the Client. Such causes may include, but are not limited to, acts of government in its sovereign capacity, fires, floods, epidemics, strikes and unusually severe weather. This agreement shall begin upon receipt of an executed copy of this Agreement, and shall terminate June 30, 2020. Non-discrimination Client agrees not to discriminate by reason of age, race, religion, color, sex, natural origin, or handicap unrelated to the duties of a position of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. Extra Work If requested and authorized in writing by the City and approved by Client, Client will be available to furnish or obtain from others extra work and be compensated for said work beyond the lump sum amount fixed in Paragraph F above. Extra work can be work of the following type: 1. Extra Work, including, but not limited to changes in size, complexity, or character of the work items. Page 155 of 319 Page Three Professional Services Agreement 2. Additional or extended services including study administration due to: a) the prolongation of the Agreement time through no fault of Client b) the acceleration of work schedule involving services beyond normal working hours; or c) nondelivery of any materials, data or other information to be furnished by the City or others not within the control of Client 3. Other additional services requested and authorized by the City which are not otherwise provided for under this Agreement. The fee for any extra work shall be mutually determined by the City and the client and incorporated in written signed amendment to the Agreement, approved by Main Street and the Waterloo City Council. J. Notices All notices, communication and/or demands given pursuant hereto shall be in writing and shall be deemed sufficient if sent by certified mail, return receipt requested, addressed as set forth in the first paragraph hereto. The date of mailing shall be deemed the date of service. Either party may change the address for notice by the aforesaid procedure. K. Entire Agreement This agreement and the matter expressly referred to herein constitute the entire Agreement between the parties. No representations, warranties, undertakings or promises have been made by either, party hereto unless expressly stated herein. All amendments hereto, if any, shall be in writing and executed by the parties. Page 156 of 319 Page Four Professional Services Agreement IN TNESS 1 OF, Client and City have executed and delivered this Agreement all on the date first above written. CLIENT MAH STREET ATE 00 CITY CITY OF WATERLOO By: Quentin Hart, Mayor Witness: Date: Page 157 of 319 ATTACHMENT "A" Scope of Client Services A. Implement the Waterloo Main Street Program using the Four Point approach. B. Participate in events in the Downtown area. Attend quarterly meetings with Planning Staff and provide an annual report of those events including attendance and the economic impact of those events to the City. C. Make a minimum of 100 business contacts during the period of this contract. These contacts may include property owners, developers, or business owners etc. Provide a report of these contacts on the quarterly report to the City. D. Participate in 12 development projects during this contract period. This may include rehabilitation, new construction, or major facade improvements etc. (sign replacements are excluded). Provide a report of these projects on the quarterly report to the City. E. Track the capital investment made in the downtown each year. Provide a calculation on the increased taxable value and the number of new businesses and employees added or lost each year. Provide a report of this information on the quarterly report to the City. P. Devise and implement a retail and commercial marketing program in conjunction with existing and proposed downtown property owners and developers. Provide an annual report of this activity to the City. G. Coordinate the efforts of numerous Government agencies and Government • programs downtown. Provide an annual report of this activity to the City. H. Develop a program of economic restructuring including the conversion of upper floors for housing and offices. Provide an annual report of this activity to the City. Advise and assist with the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan. Provide an annual report of this activity to the City. • Page 158 of 319 CITY OF WATERLOO Council Communication Resolution approving the Memorandum of Understanding with INRC O G for the writing, preparation, and submittal of the Iowa Department of Transportation R.T. S . E . grant for improvements on Shaulis Road, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/22/2019 Prepared: 7/18/2019 REVIEWERS: Department Reviewer Action Date P . ling.Anderson, son, l oel. A p provc 7/ 1� 8/ 01 2:4.9 I a�� mom mmrm �� �� , � � � �� Clerk Office Even, I eAnn Approved 7/ 1 8/20 . 4„ : 7 is ATTACHMENTS: Description Ci RISE, 01, lis R..oaci SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Type Backup ria Resolution approving the Memorandum of Understanding with INRC O G for the writing, preparation, and submittal of the Iowa Department of Transportation R.T. S . E . grant for improvements on Shaulis Road, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Adopt resolution to approve The City of Waterloo applies for RISE funds to help road infrastructure to serve project areas. This application will be for imp ro vments for Shaulis Road associated with the proposed Lost Island Theme Park. Not to exceed $2,500.00 Source of Funds: Bonds Policy Issue: Alternative: Background Information: Legal Descriptions: Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new investment in Waterloo & T I F areas NA The City of Waterloo applied for RISE funds for other roads in this area of community, and has successfully used the State program to help pay for road infrastructure. N/A Page 159 of 319 GRANT APPLICATION EMORANDUM OF UNDERSTANDING This Memorandum of Understanding is between the City of Waterloo, Iowa hereinafter referred to as City, and the Iowa Northland Regional Council of Governments hereinafter referred to as IH RCOG. WHEREAS, the City of wishes to engage INRCOG's grant writing services for the following project: Type of Grant: RISE: Local evetopment Project Description: Lost Island Theme Park Roadway Improvements INRCOG will not charge the City in advance for grant preparation services; however, in the event that RISE funding is awarded to the City for this project, IN RCOG will submit a grant preparation invoice in the amount of one and one-half percent (maximum $2,500.00) of the funds awarded, to be paid by the City from local funds. IN WITNESS WHEREOF, INRCOG and the City of Waterloo have executed this Memorandum of Understanding as of this day of , 2019 City of Waterloo, Iowa BY: A EST: Mayor Iowa Northland Regional Council of Governments BY: Executive Director ATTEST: Page 160 of 319 CITY OF WATERLOO Council Communication Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment N o . 1 to remove properties from the TIF area. City Council Meeting: 7/22/2019 Prepared: 6/26/2019 REVIEWERS: Department r u Clerk () ff c e ATTACHMENTS: Description (..../ ossroa .s atem.r°doo . rT ems "nt No. final .Attachment 1:)esc re pt oiri [ eFf.o P ...ornmission Amend f en.t . .mend.me.m.t 2 to the C,,;rmossroa.ds 'ELF O O O Reviewer SC roe el A.ri Even. 1.. , eA mlm.f SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved A .prove Type rnoval Areas eas Back,.:D aterm.al.. and Backu. 131, mk: Date : 7/ 1 /20 ,,,,,, 2 :22 I 1 Motion to receive, file, consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. 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 the s e 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 Page 161 of 319 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: 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. The Planning, Programming and Zoning Commission unanimously recommended approval of the proposed amendment at their regular meeting on June 4, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. See Attached Page 162 of 319 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 amended and restated Crossroads Waterloo Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"). 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 Crossroads Waterloo Urban Renewal and Redevelopment Plan, as previously amended and restated, 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 I (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 163 of 319 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 164 of 319 _lin _. 111 __ _ EN NM Mum ME MN ME =MI mzi MEM MME =11 (III 1 IL _11 11 1 11 =I III 11-1 IZI 1 1 11 1 I__I 1-1 111111111 1 \\. \\ 2 II' II —I Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal n111111111 /111/1111 IIIIII I I II I II I I II I rl 1 ®IIIII 111 ®®® [1111 [M=1111111111 =MI E Ridgeway AI; LI 111 iti it iti iS IIII1111111111I — Flammang Dr Hill 2 0 E E —_ IIQI IIVI I@pI1111111NIV' 111 11111111 11, IIIIII High y 20 Np�;k�NagIIIIIIIVIIIIIIIIIIINIIIIIIIIIIIVI I@IURII!NNNNNNNI IIIIII I@IURI11U11U.'IUFNNNNNNNh'NINNW'1�7N,V'N�NUttNpNNNN�NNMUNN�^ Dd111lIII111Wttu!YNk'E4NINNiNNNNINNINNNNNNINNflNNiUNNNttttJi� IIIIIIIIVIIIIIIIIIVIIIVIIIIIIIIIII@1111111@IUI011111111@IUIIIIIIIIVIIINN11111VIIIIIi1111VWN E Shaulis Rd ' JJW Legend Removed Areas Existing TIF District Boundary O' I 1 Iti t 11 4 I l' 4 3 cc 11,111,111,1111 �!tlNNiIIXVINNIIIIIIV IIIV IIIV IIIIUgpW;INWRINNWNIXIX7%l'WRINNWNIXIX7%l'WRINNWNIXIX7%l'W�,' Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail Flam mang D •..♦♦♦•♦♦ Removal Area •♦♦.♦♦•.♦•• ••••••••• • A - 43 co K 0 a Removal Area ••••••�Southtown Dr •�� 4 4 Legend Removed Areas Existing TIF District Boundary ,ii• • • • • • i\. lam Highway 20 Removal Area •‘.14 Flammang Dr IIVIIIVIIIVp11111111p111p1IIIVIl111111V111p1IIIIIVIIIVIIIVIIIVIIIIIVIIIVIIIVIIIVIIIIURtt,,,,!,,101Ntt!tttt!ttttlURttkkWR!N,NINflfNtt! o,11IVIIIVIIIVIIIVIIIIURttkkWN!NNNINflfNtt! o,11UR,,,,,!MNdINttftt!0,11IVIIIVIIIVIIIVIIIIUR,,,,,, 20 1 200 400 800 u I I IIII II II I IIII II II I IIII II II I IIII II III 16 1' • i Flammang Dr )01-7III� I �' III uuiaiiiiiiii !,III ik .. • I I I I I I I I I I 1 1 I I, \ \\ 1 \\ \\\ 1 \\ u Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail 250 500 1,000 Feet Legend Removed Areas Existing TIF District Boundary • 9.1 380 380 380 4- Page 167 19 pldlkNIHN/� uumwutiuwuumou, 1� Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail 1U a 20 Highway, 20 111,1111111111111,1111111111,1111111 11-nn,1,1,nng1l Removal Area Removal Area • Legend Removed Areas Existing TIF District Boundary I, 4`.r o E S ha u l i s RdSflatii•7444•—;;;;•÷NgilviMigiP;go . _ „ AO t ! • •I•DICOX 400 800 IIIIIIII lllluuu������������� 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 169 of 319 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. Page 170 of 319 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 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 Page 171 of 319 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 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 Page 172 of 319 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 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 173 of 319 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 comer 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 comer 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 174 of 319 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. Page 175 of 319 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 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 Page 176 of 319 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 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 Page 177 of 319 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 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 178 of 319 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 Mayor QUENTIN HART 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 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) 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! 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MEM MEM U L :111111: :I11111: CIIIIIIC :111111: SE ES SE EE EE EE :.1 IIII■1111■ I I I I I I,J,J J,J IIIII I "Hawthorne Av IIIIIIIII 11111111 I :111111: :111111: C111111: �111111� :111111: :111111: 111111111 :111111 C111111 2111111 2111111 C111111 111111 1111112 111111: 111111: 111111 111111 11■1-11111111IllU E Mitchell Av — Easton Av II III IIIIIIIIII 1 11111111111 /111/1111 111111II•III 111111111111 u.111�I111 III!I11� E Ridgeway Av HfflIIH ILI I N IFYIIW II111111 El II - Flammang„Dr 7.-*�� `, 217; : , 4 11 NEgig.317;a:71.4 olio �� ��4 •��4f•"V.4..7' i h--III1 1 Existing TIF District Boundary `H. 11111 111 NE ME -1•111 ir;00:11. � l 0110'■ CITY OF WATERLOO Council Communication Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment N o . 2, to expand the boundaries,update projects, include additional projects, update related financial information, and include other general updates to the plan. City Council Meeting: 7/22/2019 Prepared: 6/26/2019 REVIEWERS: Department � P yin in Clerk Office ice ATTACHMENTS: Description O Crossroads r.ssrr ads ''.' Reviewer Schroeder, .ric Even, ILeA.n Action .Approve. Approved Type P lan A men drm Jona].. Backup ru..al erno nission.. rneJn.d rn en.t ▪ Ainen.d. nn.: 2 tc he (1.7,r ossrcads 'FIEF 1 ▪ Attachment It cga1 Description i::; in al. SUBJECT: Submitted by: Recommended Action: .:3 ac:• ateiriai. i:3 ack ui ate ~iai Date M V w ,� ������in �� ����in ... 9m,„ as 2 ._ Y/ 1 / 0' 19 ,,,,,,, 2: 8 P Motion to receive, file, consider and pass for the third time and adopt an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Project. Submitted By: Noel Anderson, Community Planning and Development Director 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 b ac k 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 Page 183 of 319 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: the City of Waterloo's general fund. Only future increment from future 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, Programming and Zoning Commission unanimously recommended approval of the proposed amendment at their regular meeting on June 4, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. See Attached Page 184 of 319 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. 2 — 2019) Page 185 of 319 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. 1 Page 186 of 319 TABLE OF CONTENTS I. CROSSROADS WATERLOO 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. 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 187 of 319 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 188 of 319 I. CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN, AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed 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 189 of 319 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. (6) All objectives of the original plan adopted in 2013, amended and restated in 2014, and amended in 2019. 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. 5 Page 190 of 319 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 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. 6 Page 191 of 319 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 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. 7 Page 192 of 319 3. Crossroads Area Goals/Projects 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 projects described in the following paragraphs of this subsection 3 are expected to increase the retail traffic in and around the Crossroads Mall from residents and visitors and to add to the property tax base of the community. 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. 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 infll 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. 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 included entering into a development agreement with Shri Ganapati & Bajrangbali, Inc. D/B/A Fairfield Inn & Suites. The total project cost was approximately $4,000,000, and the project has 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) 8 Page 193 of 319 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 businesses to compliment the 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. 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. f. Redevelopment of the former Kmart Plaza site, north of San Marnan Drive (goal) g. i. This project includes redevelopment of the former Kmart Plaza site, which is over 100,000 sq. ft. of retail building space, and creation of seven new outlots for future development. The total project cost of this project is approximately $3,800,000.00, and the project has a minimum assessed value of $6,300,000.00. The project shall receive tax rebates for ten years at 50%. Continued expansion of retail and destination activities in and around the Lost Island Water Park, Campground, and Isle of Capri Casino (goal) 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 9 Page 194 of 319 property for the Lost Island Water Park and Isle of Capri Casino. The development of this land all around these sites will continue the trend of destination -type developments to bring people to the Waterloo community and Cedar Valley as a whole. 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. 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. 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) 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. 10 Page 195 of 319 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. 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 to facilitate development of lots near points of highway visibility. 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 disperse traffic patterns by having several options for travel, and lessening congestion at intersection points. 11 Page 196 of 319 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. 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 analyze this land for potential development and potential acquisition from the State of Iowa. 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. 12 Page 197 of 319 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will follow the 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 "F,,) G. Project Funding 1. The current estimated uses of tax increment revenues for urban renewal projects activities are summarized in Section 11, Project Budgets, 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. 13 Page 198 of 319 3. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached hereto. 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 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 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, 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, sidewalks, etc. B. Loans or Grants 14 Page 199 of 319 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 to enter into 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. 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, listed in the Table of Contents above. 15 Page 200 of 319 w1 Dui QII111=1111 11 =MI11111; =11111111E Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion _11111.1_I11111111 IIIIII-I -1IIIIIH 11111111111111111 1111111111111111 11111111111111111 11111111111111111 MI11111111 = 111111111 U 111111111 =111111111 :1111111111111 ■11E111111111 _11■ 11M 1111- 11111111111111 111111111111111 IJ -T� )41 -IIIII „vg I01,111, .00 �rlooAgii„ 111 1111uum1m11 IIII 7111111: :111111: S— =11 EE MM IMM EE _. MEM MEM U L :111111: :I11111: CIIIIIIC :111111: SE ES SE EE EE EE :.1 IIII■1111■ I I I I I I,J,J J,J IIIII I "Hawthorne Av IIIIIIIII 11111111 I :111111: :111111: C111111: �111111� :111111: :111111: 111111111 :111111 C111111 2111111 2111111 C111111 111111 1111112 111111: 111111: 111111 111111 11■1-11111111IllU E Mitchell Av — Easton Av II III IIIIIIIIII 1 11111111111 /111/1111 111111II•III 111111111111 u.111�I111 III!I11� E Ridgeway Av HfflIIH ILI I N IFYIIW II111111 El II - Flammang„Dr 7.-*�� `, 217; : , 4 11 NEgig.317;a:71.4 olio �� ��4 •��4f•"V.4..7' i h--III1 1 Existing TIF District Boundary `H. 11111 111 NE ME -1•111 ir;00:11. � l 0110'■ 11,111,111,1111 �!tlNNiIIXVINNIIIIIIV IIIV IIIV IIIIUgpW;INWRINNWNIXIX7%l'WRINNWNIXIX7%l'WRINNWNIXIX7%l'W�,' Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail Flam mang D >Expansion Area< • • ►♦♦♦♦♦♦♦♦♦♦♦.♦♦� .• �►►♦�1 .► ♦ ♦♦�♦�4 ♦�►�►♦ Expansion) Area A - ,b I Legend ►!i!i!i! TIF Expansion Area Existing TIF District Boundary Southtown Dr asc wx a ,/ • • /♦♦+♦+♦+♦`�. • • • • Expansion Area Highway 20 •‘.14 Flammang Dr • • 4 41 IIVIIIVIIIVp11111111p111p1IIIVIl111111V111p1IIIIIVIIIVIIIVIIIVIIIIIVIIIVIIIVIIIVIIIIURtt,,,,!MNNINttfNtt!tttt!ell,,,,,!,,H0tt!0,11IVIIIVIIIVIIIVIIIIURttkkWN!,,10Ntt!tttt!ttttl,,,,,,N!,,Hott oomlIIVIIIVIIIVIIIVIIIIUR,,,,,, 20 I 200 400 800 I I IIII II II I IIII II II I IIII II II I IIII II III -, u 'L 20 • i Flammang Dr )01-7III� I 1 III Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail k\\ Legend • • - - - - - - - - - - �.��- ���������� Expansion Area - ♦��•���� \\ TIF Expansion Area Existing TIF District Boundary V ftk 380 380 380 250 500 1,000 Feet • Page 203 19 Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail 20 a 20 HighwLy c:3 Legend TIF Expansion Area Existing TIF District Boundary Expansion Area +-- - - - __40•••oZI•I•Zi,X s au_lis d�!��_�� - -------------•-:�:::::♦, o r g„ . 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Av Liberty. Av Patton Av E Mitchell Av Cornwall 'Av Easton Av III Locke-Av 1 H III Howard Av I I Plymouth u Av 111111 Lia �I 0 Bourland Av Lorraine Av E Ridgeway'Av Legend TIF Expansion Area Existing TIF District Boundary 0 300 600 380 380 380 1,200 Feet e 206 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 207 of 319 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 Page 208 of 319 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 209 of 319 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 Page 210 of 319 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 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. 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, Page 211 of 319 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. 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, Page 212 of 319 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 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 Page 213 of 319 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 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 Page 214 of 319 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 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 Page 215 of 319 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 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 216 of 319 Attachment C City of Waterloo, Iowa 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 $ 192,134,3 83 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross Bonding Capacity $ 83,241,358 56.68% of legal limit Page 217of319 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 218 of 319 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 219 of 319 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 220 of 319 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 221 of 319 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 222 of 319 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 223 of 319 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 224 of 319 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 225 of 319 Attachment G CITY OF WATERLOO, IOWA PLANNING, PROGRAMING AND ZONING COMMISSION RESOLUTION Page 226 of 319 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 227 of 319 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING Page 228 of 319 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING Page 229 of 319 Attachment K CITY OF WATERLOO, IOWA PUBLISHED NOTICE Page 230 of 319 Attachment L CITY OF WATERLOO, IOWA POSTED NOTICE Page 231 of 319 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 Mayor QUENTIN HART 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 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) 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 232 of 319 41,1 . 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II II I II 11 III ypr,' jy %ill?i� IVm1u1111 'III100000100111001110100111111110000 11„1, 1 mm'(uMryA,� 11 1 11 1 1 I IIIII lllllllllllllllll�loluppul m "IPrv,"IIC M"VI"Illllril l"mg11'^ml nl"!1" Illlli"" y" Legend TIF Expansion Area I=1 Existing TIF District Boundary IIII JIIIII1111IVi1ilil�IlIiIIN�II i1�1y�1r��, 1 11IUNNUutlnUINNNNNMNNNNNMhhIIIIUII 1I I IIIIIII IIIII��� � 11��� � oolr �U�Utltl 11 I IIII luau uuuuuuullllllllu�MNNNNN�111111111uuu 'I`�I �1" % u11'PIi11III uuuuuuu11111111111NIN�N����IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 IIIII 111111'"'�1 II'I °jjj1l ° °IIIIIIIIIII dlliiiiluulllllllllllllllllllpllllllllllllllllllllllllllllplllllllllllllllllllllllllllll"" 11 I muuVIIIIIIIIIIIIIIIIIIIIp1,g1 11 ,„ „ .ww 1 1 4�i all 1 ^U," q1p� MIIm �i�� irl' I I IV �uV 111 III u ry u �11 IIIII IIIIII I N qII^u �I�I' upy,lq uuuuuuuuuuuuu 11�Illlwllmuumi ji 'q 1 u1IIIIIIIIIIIIIIIIIIIIIIIII �diuu /1111117 I0MNMIm11NIWI IWIWIII111111111111111111111111111111111111111111111111111111111,111llllild I, l tl III II ( AIIImV �/�'lu I I I Ulh V4 IIU4plill III &`'I II'ii� 8 ///r/IIIII VU a j 1 ul i�I pVOUVIIII VI 1 IU , 1Ju IIII, ' u l ^� 1 11 1 ,pd Iu11 III I I I ' I IIII I y m " 1' yuu M" � i 1 IIII ,ylujulP° 1 uuul rjj'p IIIII'lllllllllll I IIIII, j11"��IIIIIIIIII, 1111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIII1„1„„ IIIIIIIIIIIIIIIII u1 111 111111111111111111111, 6q ,1VI IU ^ IC'uIIII i11111 IIIIIIIIIIIIII I IIIIIIUI 1 UV I11'Ilmmul IIu11111111 IVIu,, a II � I dIIlI11lIu�II iiUp111'1' ppu IIII °I IIIII 1 I I Itl 1 I I VV 1 i1 iiiiiiiiiiiiiiiii IIIIIIIIIIIIVPII II 11 ulll 1"111111111uu ml� u „ I I IIIIIIIIII " +'uuuuudlllllllllliiiili "III I9IItl°uIiuuu IIIIIIIIIII 1 '�M�yM (uq„"�"BMi IVp° Iq Iuullill 'IIIIIIIIIIIIIII �I, In 1 u1 111111111, lu 1 111111111111III IIIIIIIIIuIIIII uIIIIIIIIIIIIIIIIIIIIII ^u1��1 7/0 I IIIIIIIIIII�Om I III iVIIIIIII���uuuuuU (IIII wum"Am maw a Mmml qmn wIIINN uww muuluw wIM sa Imw VIIf m 11I 111111;11111111111111111111111, 1111111111111111111111111111 =IIU 1I1F 111 IIQI IIVI I@pI1111111NIV' __ _ EN NM Mum ME MN ME =MI mzi MME =11 (III IL _1I.111 1 11 E Ridgeway Av III IIIIIIIIIIIIIII — Flammang Dr 111 11111111 11, IIIIII =1 I II I-1 IZI it III I_I_I_I_LLI I I I I IIIII 1 1 \\. \\ 2 11' II —I Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal n111111111 /111/1111 ®IIIII ilium I IIII I I null 1 =111=B CP:R111:111:il EnED=1 minim immi Np�;k�NagIIIIIIIVIIIIIIIIIIINIIIIIIIIIIIVI I@IURII!NNNNNNNI IIIIII I@IURI11U11U.'IUFNNNNNNNh'NINNW'1�7N,V'N�NUttNpNNNN�NNMUNN�^ Dd111lIII111Wttu!YNk'E4NINNiNNNNINNINNNNNNINNflNNiUNNNttttJi� IIIIIIIIVIIIIIIIIIVIIIVIIIIIIIIIII@1111111@IUI011111111@IUIIIIIIIIVIIINN11111VIIIIIi1111VWN E Shaulis Rd ' JJW Legend Removed Areas Existing TIF District Boundary H \ \ \ \ PP&VAIIINAVAIMPAIWAW\WA;;;a020,1rerielAAr L. 4 s, Ilk R: It, 1 // 1 4 mr ►1sr 71 ► ► 3. l' : : I P Ai • High y 20 0 co U) w1 Dui QII111=1111 11 =MI11111; =11111111E Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion _11111.1_I11111111 IIIIII-I -1IIIIIH 11111111111111111 1111111111111111 11111111111111111 11111111111111111 MI11111111 = 111111111 U 111111111 =111111111 :1111111111111 ■11E111111111 _11■ 11M 1111- 11111111111111 111111111111111 IJ -T� )41 -IIIII „vg I01,111, .00 �rlooAgii„ 111 1111uum1m11 IIII 7111111: :111111: S— =11 EE MM IMM EE _. MEM MEM U L :111111: :I11111: CIIIIIIC :111111: SE ES SE EE EE EE :.1 IIII■1111■ I I I I I I,J,J J,J IIIII I "Hawthorne Av IIIIIIIII 11111111 I :111111: :111111: C111111: �111111� :111111: :111111: 111111111 :111111 C111111 2111111 2111111 C111111 111111 1111112 111111: 111111: 111111 111111 11■1-11111111IllU E Mitchell Av — Easton Av II III IIIIIIIIII 1 11111111111 /111/1111 111111II•III 111111111111 u.111�I111 III!I11� E Ridgeway Av HfflIIH ILI I N IFYIIW II111111 El II - Flammang„Dr 7.-*�� `, 217; : , 4 11 NEgig.317;a:71.4 olio �� ��4 •��4f•"V.4..7' i h--III1 1 Existing TIF District Boundary `H. 11111 111 NE ME -1•111 ir;00:11. � l 0110'■ 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 comer 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 comer 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 236 of 319 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 237 of 319 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 238 of 319 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 Page 239 of 319 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 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. 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, Page 240 of 319 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. 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 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, Page 241 of 319 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 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 Page 242 of 319 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 comer 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 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 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 Page 243 of 319 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 comer of said Lot 245; thence Westerly along the North line of said Lot 245 to the Northwest corner of Said Lot 245; thence Northerly to the Southwest comer 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 comer 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 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 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 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 Page 244 of 319 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 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 245 of 319 CITY OF WATERLOO Council Communication San Maman Urban Renewal and Redevelopment Plan, Amendment No. 5, to expand the boundaries, remove properties, update projects and project budgets to be included in the Plan, and other general updates to the Plan. City Council Meeting: 7/22/2019 Prepared: 6/26/2019 REVIEWERS: Department � � P �irui.il Clerk Office ice ATTACHMENTS: Description ▪ San. Reviewer Schroeder, oeder, .ric Even, :.. eA.n.n. 1.ari.er: ▪ Attachment 13 L:....Aegal Description ription. ▪ e r no P Z Commission fission. SUBJECT: Submitted by: Recommended Action: Summary Statement: Action pproVe. A pip.: owed. Type ent Backup 1:: ack.up Backup aterial. aterilal. ateriai. Date M w ,� ������in �� ����in 1 9m,„ as12 ._ 7/ 1 /2 0 1 9 ,,,,,,, 2, :3 0 P Motion to receive, file consider and pass for the third time and adopt an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Maman Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community S chool District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Submitted By: Noel Anderson, Community Planning and Development Director Approval Staff is proposing to amendment the San Maman 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. Page 246 of 319 The Planning, Programming and Zoning Commission unanimously recommended approval of the proposed amendment at their regular meeting on June 4, 2019. Expenditure Required: None S ource of Funds: n/a Policy Issue: Economic Development, Strategic Plan Policies 1, 3 and 4. Legal Descriptions: S ee Attached Page 247 of 319 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 248 of 319 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 diversify 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 business parks on various lands generally located (a) between San Marnan Drive and U.S. Highway 20 between West 4th Street and Kimball Avenue, (b) between U.S. Highway 20 and Shaulis Road between Ansborough Avenue and just east of Iowa Highway 21, and (c) 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 249 of 319 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 CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION -2- Page 250 of 319 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 251 of 319 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 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 existing residential, commercial, and industrial uses and vacant land in the San Marnan Area -4 Page 252 of 319 (3) 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. (5) 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, and amendments adopted in 2004, 2009, 2015, and 2017. 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. 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 253 of 319 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. 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 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 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 Code to develop and provide for improved economic conditions in the City of Waterloo. -6 Page 254 of 319 i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the San Maman 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 this plan. The known and anticipated projects are listed in Attachment "D". In the future this list of projects may be amended or added to by the action of the City Council after proper notice and hearing. -7 Page 255 of 319 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 follow the 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 Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment “F”.) G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached hereto. II. Project Budget _8 Page 256 of 319 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, 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 San Marnan Urban Renewal and Redevelopment Plan and the Code. In furtherance of the objectives under this San Marnan Urban Renewal and Redevelopment Plan, the City may determine to issue general obligation bonds, -9 Page 257 of 319 tax increment revenue bonds or other such obligations, or to enter into 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. 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 258 of 319 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 Page 259 of 319 i 11 III ICI r 1 co d 0 +6' E 0 d d co co �111111: M I I I I I I ii ■i -i .: IIIIIIIIIIIIIII IIIIII IJ I I I I I I co 0 o_ IHW •40 1 I■ ■► r - col; 1 q 1, ,,, k _ ..4i , 11111 1Es! : 1 7 • I111111uuuluuuI 1 1 1 . k Ilk muumuu 1 111111111111111 1111111111111E 111111111111 ■ 111111111111N■ ti IIIIN IIS Hi'/( LI1111 �I i1 env puoww7 Aem116 AV IIequa_--. �•.n M.rn.n T F R-m•v. Ar IIi %1 01■11■■■■■■1111 110 ■ grillli11111111krla ■ :*TTj 1- al I =ammo 1IIlIlIIlIIJ-ll IIIIIIIII n i—. as d Q co 48 E cl 0 d d CI ni L co co as CD 1 0 0 m I u- ;ueseagd 0 co c L Cco C co al. Wall if: w }S D10!N L a L 3 H w co L > Q O -o C 0 0 CO 0 co W v C LL CO 1— co 0) m V c C co X a) C!) W ci) :11 a) J i0 z i CU 4-0 d in co 0 E d Ce •L 4-0 CI LL I—. 03 d Q i co a 'Ea E a 0 d d 0 c co c L co i as u) .y as 3! peleo . L co 0 L 1- 0) T.; o N CZ a) 2 -o a a) 0) a) J San Marnan TIF Removal Area 111 CD C M 0 CO U cn LL I- 0) C .f/ a) X w o PaaP 7A7 nriTirg Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS (note: references below to amendments are to amendments of urban renewal areas, a/k/a TIF districts, made by ordinance, and not to amendments of an urban renewal plan — the numbering system for urban renewal plans may vary from numbering applied to TIF district amendments) Original TIF district area (1999) (Original TIF 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. TIF district Amendment No. 1 area (2004) (TIF Amendment No. 1 Subarea) (as modified by TIF district Amendment No. 3 (2017) and as modified by TIF district Amendment No. 5 (2019)) Beginning at the intersection of the centerlines of W. 4th 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 Page 263 of 319 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 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 TIF district Amendment No. 1 area by TIF district Amendment No. 3 (2017): Page 264 of 319 Area 1: That part of the above described TIF district 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 TIF district 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. Area 3: That part of the above described TIF district Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Maman 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' S0"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°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 Maman Drive; thence Westerly along said centerline of West San Maman Drive to the Point of Beginning. Area 4: That part of the above described TIF district 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 TIF district 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. Page 265 of 319 And except the following area removed from the TIF district Amendment No. 1 area by TIF district Amendment No. 5 (2019): All that part of the above described TIF district Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. TIF district Amendment No. 2 area (2009) (TIF 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 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. TIF district Amendment No. 4 area (2017) (TIF Amendment No. 4 Subarea) That part of the above described TIF district 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 TIF district Amendment No. 1 area located in Section 8 of T88 R13, except 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 Page 266 of 319 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 comer of Lot 3 of Tower Park No. 5; thence NO°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. And, That part of the above described TIF district 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 TIF district 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. TIF district Amendment No. 5 area (2019) (TIF 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 Page 267 of 319 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 NOO°24'22"W 6.98 feet along an extension of the East line of said Lot 3, thence N89°3 8' 05"W 401.08 feet, thence NOO°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 268 of 319 Attachment C City of Waterloo, Iowa 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 $ 192,134,3 83 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross Bonding Capacity $ 83,241,358 56.68% of legal limit Page 269 of 319 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 270 of 319 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 is utilized by staff. 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 271 of 319 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, persons 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 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 272 of 319 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 273 of 319 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 274 of 319 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING Page 275 of 319 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING Page 276 of 319 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING Page 277 of 319 Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS (note: references below to amendments are to amendments of urban renewal areas, a/k/a TIF districts, made by ordinance, and not to amendments of an urban renewal plan — the numbering system for urban renewal plans may vary from numbering applied to TIF district amendments) Original TIF district area (1999) (Original TIF 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 comer 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. TIF district Amendment No. 1 area (2004) (TIF Amendment No. 1 Subarea) (as modified by TIF district Amendment No. 3 (2017) and as modified by TIF district 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 Maman 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 Page 278 of 319 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 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 comer 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 Maman 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 TIF district Amendment No. 1 area by TIF district Amendment No. 3 (2017): Page 279 of 319 Area 1: That part of the above described TIF district 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 TIF district 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. Area 3: That part of the above described TIF district 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' S0"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°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 TIF district 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 TIF district 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. Page 280 of 319 And except the following area removed from the TIF district Amendment No. 1 area by TIF district Amendment No. 5 (2019): All that part of the above described TIF district Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. TIF district Amendment No. 2 area (2009) (TIF 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 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. TIF district Amendment No. 4 area (2017) (TIF Amendment No. 4 Subarea) That part of the above described TIF district 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 TIF district Amendment No. 1 area located in Section 8 of T88 R13, except 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 Page 281 of 319 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 comer of Lot 3 of Tower Park No. 5; thence NO°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. And, That part of the above described TIF district 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 TIF district 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. TIF district Amendment No. 5 area (2019) (TIF 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 Page 282 of 319 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 NOO°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 283 of 319 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! 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I C� L Zo-i-LRWA.%);&". I H RD‘cUlTril I I -1(4925),_W,&,<Q Attachment A - San Marnan Development Plan Area T.I.F. District 4q 1 '\4ZEIEH1=11d ■■ :: Removal Area Vs! 1 W Shaulis Rd ■: ■: MIN :■ IN San_Marnan D ofL 0 .0 Highway 20 .. -- -- - 'MEM .: =■ .. -- -- -- - == m :: - MEN -- MEM == .. 0.5 1 Miles ■111111 1111111 1111111 1111111 Expansion Areas kali r 4 MIPIIPIII AMA : r4/ WAV ffklr- - -r�� L___ir E San Marnan Dr E Shaulis Rd I I I I I I I I I TIIIIIIII III IIIIII IIIIIIiIIII MEM 1111 1111 iuiuinnuinniui■ MEM Iu1I ,miwo -- ■u - zo mum MI ��■1 ■I■■ ■I ■ /i111l1■u1■i , 11111111111111 11111 81111 III .a> 0 E E 2 Legend San Marnan TIF Removal Area San Marnan TIF Expansion Area Existing TIF District Boundary 7RF of '�'1 I I ) \ 'c /\ / / San Marnan Development Plan Area T.I.F. District Expansion Detail W San Marnan Dr Tower Park Dr Fisher D 0 c Existing TIF District Winn St Highway 20 Brookeridge D A 200 400 Feet 12 n E San Marnan Dr E Tower Park Dr Expansion Area J Legend San Marnan TIF Expansion Area Existing TIF District Boundary Pnop 7R7 of 11 Q San Marnan Development Plan Area T.I.F. District Removal Detail Removal Area 400 Feet W San Marnan D Existing TIF District Highway 20 Legend San Marnan TIF Removal Area Existing TIF District Boundary UaCIP ERR of 11 CITY OF WATERLOO Council Communication An ordinance amending the Traffic Code by repealing Section 284, Removing Parked Vehicles; and enacting in lieu thereof a new Section 284, Removing Parked Vehicles City Council Meeting: 7/22/2019 Prepared: 7/18/2019 REVIEWERS: Department Reviewer Action Date d ga& i vex m y 1.:.cA n. Approved 7/ 18/2 4„ w 5 8 ATTACHMENTS: Description SUBJECT: Type Motion to receive, file, consider and pass for the first time an ordinance amending the Traffic Code by repealing Section 284, Removing Parked Vehicles; and enacting in lieu thereof a new Section 284, Removing Parked Vehicles. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: David R. Zellhoefer, City Attorney Recommended Action: Approving new Section 284, Removing Parked Vehicles (per attachment). Summary Statement: Language added to 284 (city right-of-way, or any other building or location). Page 289 of 319 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SEC. 28 , REMOYMIG PARKED VEHICLES; AND ENACT G IN LIEU THE • OF A NEW SEC, 284, REMOVING PARKED VEHICLES, AS FOLLOWS: BE IT 0 P AINED by the City Council of the Cily of Waterloo, Iowa: That Section 284, Removing Parked Vehicles, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Section 284, Removing Parke. Vehicles, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: S C. 284., R MOVING PARKED VEHICLES. Whenever a vehicle is founo stopped or parked in violation of any state law or city ordinance, or in such manner as causes a dangerous condition to exist or whenever the owner or operator of a vehicle has failed to report or heed a notice to appear before the proper magistrate, any police officer or other authorized person may remove such vehicle from a street, alley, city parking lot or ramp, city right-of-way, or any other illegal location, to a place of safekeeping. If such vehicle must be serviced or towed, the fee, together with any other necessary exiense incurred in such removal, shall be assessed against the vehicle and shall be paid before it is released. (Ref. Iowa Code 321.356, 357). PASSED AND ADOPTED by the City Council this 22" day of July, 2019, and approved by the Mayor this 22 day of July, 2019. Quentin art, Mayor ATTES': Kelley Felchle, City Clerk Page 290 of 319 2008 TRAFFIC COD + in in this ordinance shall prevent the parking of a light delivery truck, panel Nothing on a residential delivery truck or pickup truck on a residential street. school bus may park street onlyon those days that school is in session and only between the hours of 9:00a.m. and 4:00 p.m. Ord. 43758, 12/17/90) SEC. 280. MUCKS - METHOD OF PARKING. Moving vans or trucks or other vehicles handling heavy freight, merchandise, materials shall bS permitted to back into the curb and park at an angle, with the traffic, of not more than forty:five degrees, to take on or discharge loads, but permission for such angle parking in areas on through streets and in the businessdistrict where angle parking is not otherwise permitted, shall be first obtained from the Chief of Police. In all such cases, the vehicle shall not remain so parked longer than the actual loading or unloading requires. SEC. 281. LOADING OR UNLOADING FROM ALLEY. done fromLoading or unloading of merchandise, freight or materials shall not be street in the business district where the sane can be done from an alley. SEC. 282. PARKING IN ALLEY. It shall be'unlawful to park any vehicle in any alley under any fire escape at any time. SEC. 283. BACKING INTO PARKING SPACE between other In the business district the driver of a vehicle shall not backthesame vehicles then standing upon the street in order to park the driver's vehicle between such vehicles unless the driver can do so without interfering with traffic and unless there is sufficient space so that such vehicle when parked will be parallel with the curb. C91 SEC. 284. REMOVING PARKED VEHICLES. Whenever a vehicle is found stopped or parked in violation of any state law or city ordinance, or in such manner as causes a dangerous condition to exist or whenever the owner proper or operator of a vehicle has failed to report or heed a notice to appear before the porn a magistrate, any police officer or other authorized person may remove such vehicle from bemust street, alley, city. parking lot or ramp to a place of safe keeping. If such vehicle serviced or towed, the fee, together with any other necessary expense incurred in such removal, shall be assessed against th vehicle and shall be paid before it is released. [Ref. Iowa Code §321.356, 357) SEC. 285. OWNER RESPONS LE FOR PARKED VEHICLE the In any proceedings for vi action of the parking provisions of this ordinance, registration plate displayed on such otor vehicle involved in said violations shall constitute in 59 )r)-4 added Lanric. Page 291 of 319 CITY OF WATERLOO Council Communication Waterloo Leisure Services Commission Board minutes of June 11, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action I.....deisure Services Approve Clerk: Office lhghy Nar.icy Approve ATTACHMENTS: Description 0 06/11/70 19 tes Type Tiaclur t "rial Date 7/11/2 6:27 P1 7/16/2019 9:30 A SUBJECT: Waterloo Leisure Services Commission Board minutes of June 11, 2019. Submitted by: Submitted By: Page 292 of 319 MINUTES WATERLOO LEISURE SERVICES COMMISSION T ES A ,June'11,2 19 Byrnes Park Office 1101 Campbell Avenue } Brenda Durbahn called the meeting to order at 7.29 am. } Present: Brenda Durbahn, Tom Powers, Sharon Samec, Tom Christensen, Council Liaison Steve Schmitt, Tim Jamison WCF Courier Staff: Paul Huting, JE3 Bolger, Chris } Dolan, Travis Nichols, Bill Bachman, Mark Gallagher { Absent: Jaclyn Spencer, Xavier Leonard, Bob Bamsey Brenda Durbahn called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Tom Powers Ayes: All. Nays: None Brenda Durbahn called for motion for approval of the 05/14/2019 meeting minutes. Motion by Tom Powers to approve minutes, second by Sharon Samec Ayes: All Nays: None } Brenda Durbahn called for approval of the bills. Motion by Sharon Samec to approve bills, second by Tom Powers Ayes: All Nays: None COMMITTEE REPORTS: PARK COMMITTEE The Park Committee met Tuesday, May 21st and toured potential residential development sites in Parks. The following is the recommendation of the Committee: Motion by Bamsey second by Spencer that the Park Committee recommends to the Leisure Services Commission that the following resolution be passed and forwarded to City Council: Resolution recommending that: 1.) City Council entertains proposals for potential sale and development of 1.55 acres of vacant City property located north of 1722 Partridge Lane. 2.) City Council not sell any property at the Prairie Grove Park, Castle Hill Park or Sulentic Park sites. Waterloo Residents Charlie Burrell and Dale Patnode were present. They expressed their concerns over selling park properties. They had a petition with over 300 signatures also showing objection to the selling of park properties. Other residents have contacted Paul and they also have petitions against selling park properties. Motion by the Park Committee was approved and will be presented to City Council. Ayes: All Nayes: None YOUNG ARENA COMMITTEE The Young Arena Committee met May 29, 2019. There was a tour of the facility and review of major projects for repairs that are needed. Expenses for projects exceed capital funds available at this time. The project to replace lighting above the ice is being discussed with the Black Hawks. Page 293 of 319 OUTDOOR POOLS UPDATE Byrnes Pool Is not holding water. Vendor to repair the pool has been contacted. Vendor is very busy; we are sixth in line to get repairs. Repair expense estimated at roughly $25}000. Hope to open mid -July, will know more after repairs get started. Gates Pool is open extra hours. Also having extra hours at the Sport Plex swimming pool. Attendance at Gates has not picked up at the attendance rate usually using Byrnes Pool. Lessons are being moved to Gates, some refunds have been issued because participants cannot make the Gates location work for their schedules. STAFF UPDATES Forestry — Todd Derifield It has been really wet for mowing; some areas are just too wet to bring in some of our equipment. Construction — Travis Nichols Running regular summer routes. Installed memorial bench, made repairs at Gates basketball courts, the river level continues to cause problems at the Boat House project, the box seating project is 99% complete. Working on funding sources for skate park. Golf and Downtown Area — J13 Bolger Many events have taken place in the downtown area, My Waterloo Days, VGM event. Working on conceptual drawings for Gates Maintenance building, LED lighting upgrades at Gates and South Hills. Young Arena — Chris Dolan The Black Hawks held team tryout camp involving approximately 70 players. The ice is now out. Sports and S or Plex —. Mark Gallaher Summer programs are going on. Updates to the bail diamond at Sullivan Park are complete. Paul Huting Received a request to use Bontrager Park as a laydown area for a multi --year project at Friendship Village, and expand the drainage pond in the park. The next regular Leisure Services Commission ion Meeting will be held Tuesday, July 9, 2019 at the 1101 Campbell office. Brenda Durbahn asked for motion to adjourn. Motion by Sharon Samec to adjourn, econ Tom Piiwer . Adjourned at 8:50am. 1 ..111111, charSan ec, cretary -9-19 Signed this Date Page 294 of 319 CITY OF WATERLOO Council Communication Planning, Programming & Zoning minutes of June 4, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date lamingP min 7, Schroeder, A.ric Clerk Office i gbyy ar. ;y Approve 7/1 7/201 11.1. ATTACHMENTS: Description o r:>' &Z minute o f /d„/ 9 Type Cover ..o SUBJECT: Planning, Programming & Zoning minutes of June 4, 2019. Submitted by: Submitted By: Page 295 of 319 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. June 4, 2019 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Muhammad, Hall, Donat, Wilber, Buttgen, Serfling, and Trost. Members absent were: Flynn and Holdiman. Others present: Noel Anderson, Aric Schroeder, Adrienne Miller, Tim Andera and John Dornoff — Planning Department and Tim Jamison — Waterloo Courier. I.Approval of the Agenda It was moved by Hall, seconded by Buttgen to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on May 7, 2019. It was moved by Donat, seconded by Buttgen to approve the minutes as amended with corrections to the spelling of Commissioner Hall. Motion carried unanimously. III. Financial Report: April 2019 Anderson gave the financial report for April 2019 indicating that we are 83.3% through the year and department is at 84% of expenses and 57% of revenue for the year. IV.Oral Presentations No Oral Presentations V.New Business A. Plans and Studies 1. Request for City of Waterloo for an amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan and TIF District to reduce the area therein (Amendment No 1). Schroeder read the memo describing the changes to the TIF District. Hall asked if the boundaries need to be changed in the future, is there are any restrictions on the amount of time that changes can take place to which Anderson responded that no it can be changed it just has to come back to the Commission and City Council. Buttgen asked if the expansion areas are areas of potential development to which Schroeder responded yes It was moved by Donat, seconded by Hall to recommend approval of the amendment. Motion passed unanimously. 2. Request by the City of Waterloo for an amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan and TIF District to enlarge the area included therein (Amendment No. 2). Schroeder read the memo describing the changes to the TIF District noting that this corrects an error where a portion of a property was not included in the TIF District because it was bisected by US Highway 218 but TIF districts must include entire parcels. The TIF district will add portions of La Porte Page 296 of 319 Planning and Zoning Commission June 4, 2019 Road to the north of the existing district as they area is currently under study for changes to La Porte Road which could lead to development opportunities along the corridor, and adds an area along Hess Road. Discussed under item A-1. It was moved by Donat, seconded by Hall to recommend approval of the amendment. Motion passed unanimously 3. Request by the City of Waterloo for an amendment to the San Marnan Urban Renewal and Redevelopment Plan and TIF District to reduce and enlarge the area included therein (Amendment No. 5). Schroeder read the memo describing the changes to the TIF District. Buttgen asked about the strip of land being removed along San Marnan drive to which Schroeder explained that the change is due to lots being platted which split the lots and lots currently show up as two different parcels, as a TIF cannot separate a parcel. Anderson explained that only changes to the TIF district that change the boundaries will come to P&Z but, those not affecting he boundaries themselves head directly to city council. It was moved by Trost, seconded by Donat to recommend approval of the amendment. Motion passed unanimously. VI. Discussion Wilber noted that the next meeting of the Planning and Zoning commission is scheduled for July 2 and she will check with members not present to see if they will be able to make that meeting or if the meeting should be changed to July 9th and the determination will be made when the all the members respond. VII. Adjournment It was moved by Buttgen, seconded by Donat, to adjourn the meeting at 4:17 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I -2 Page 297 of 319 CITY OF WATERLOO Council Communication Board of Adjustment minutes of April 23, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Planning :fling Schroeder; A.rie pprove Clerk Office Ihghy Nar Approve ATTACHMENTS: Description 0 BOA minutes or d/23/19 Type Cover M.emo SUBJECT: Board of Adjustment minutes of April 23, 2019. Submitted by: Submitted By: Date 7/17/2 0:18 A 7/17/2019 11:20 A Page 298 of 319 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON APRIL 23, 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, John Chiles and April Leadley. Staff in attendance was: Aric Schroeder, Seth Heyberger, John Dornoff and Chris Western. I. Approval of the April 23, 2019 agenda. Beckman asked about the December 2020 meeting as to whether the meeting was canceled or not. Schroeder noted that the regular meeting date falls on December 24, which is a legal holiday for the City of Waterloo and that the board did vote unanimously at the March 26, 2019 meeting to cancel the meeting. 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, March 26, 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 Stefanie Hartel for a special permit to the "M-2, P" Planned Industrial District to allow for the construction of a 9,792 SF Dog Daycare Facility located south of 3289 Airport Boulevard. Hyberger gave the staff report. Condon asked for clarification as to how Special Use Permits worked. Hyberger stated that the permit is tied to the land. Beckman asked if a waste deposal plan is included as a requirement and if there were any objections on file. Hyberger stated that a waste disposal plan is required and that there are no objections on file. The applicant addressed the board and explained the proposed project as an upscale cage free doggy day care, boarding, obedience training and grooming with hours of operation being 6:30 a.m. to 6:30 p.m. Monday through Saturday. Beckman asked if there would be any business on Sundays. The applicant stated that there would be boarding on Sundays but no daycare. Beckman asked how many dogs could be boarded. The applicant explained that the facility can handle up to 60 dogs. It was moved by Thornsberry, seconded by Chiles to approve the request by Stefanie Hartel for a special permit to the "M-2, P" Planned Industrial District to allow for the construction of a 9,792 SF Dog Daycare Facility located south of 3289 Airport Boulevard. Motion Carried unanimously. 2. Request for a variance to the minimum lot width requirement of 50' to allow for a lot to be 45.3 feet in width, 4.7' less than the minimum required, a variance to the lot square footage of 6000, for a lot of 4,585 square feet, 1415 square feet less than is required, a variance to the requirement for the lot width to be 90% of the average of lots within 250 feet and a variance to the requirement for the lot average to be 90% of the average of lots within 250-feet, located immediately to the west of 427 Argyle Street, in a "R-3" Multiple Residence District. Dornoff gave the staff report. Thornsberry, Beckman, Condon, Chiles all asked for clarification specifically pertaining to what property was being split and what was going to happen to the existing home. Chiles asked if there was any opposition to the request. Dornoff stated that there was not. Page 299 of 319 BOARD OF ADJUSTMENT April 23, 2019 Minutes Leadley asked how far apart the houses will be. Dornoff stated that the minimum side yard setback is 5'. Condon asked if there was anyone present to speak for or against the request; there were no comments. Condon questioned if the existing home was actually built across the property as stated in the staff report as one reason to approve the request. Beckman amended his motion to remove the wording that the existing home was built across the lot line. It was moved by Beckman, seconded by Leadley to approve a variance to the minimum lot width requirement of 50' to allow for a lot to be 45.3 feet in width, 4.7' less than the minimum required, a variance to the lot square footage of 6000, for a lot of 4,585 square feet, 1415 square feet less than is required, a variance to the requirement for the lot width to be 90% of the average of lots within 250 feet and a variance to the requirement for the lot average to be 90% of the average of lots within 250 feet, located immediately to the west of 427Argyle Street, in a "R-3" Multiple Residence District. Motion carried unanimously. 3. Request for a variance to the requirement for the lot width to be 90% of the average of lots within 250 feet and a variance to the requirement for the lot area to be 90% of the average of lots within 250-feet in order to split two lots into three, located immediately to the east of 1631 Calhoun Street, in a "R-2" One and Two Family Residence District. Dornoff gave the staff report. Condon asked if there is an existing structure on the lot. Dornoff stated that there is not and that there where two houses on the lots that have been demolished. Beckman asked if the lots being proposed are similar in size to the lots to the south. Dornoff stated that they were. Beckman asked if there was any opposition to the request. Dornoff and Western stated that staff received an email and several phone calls in opposition to the building of 3 homes but that the neighbors were okay with 2.Western passed out the email in opposition. Chiles pointed out the incorrect statement in the email in opposition which stated that "the construction of these homes would raise our property taxes but lower the value of the neighborhood". Chiles stated that that is impossible and is an incorrect statement that needs to be addressed. There was no one present to speak on the request. It was moved by Chiles, seconded by Thornsberry to approve a variance to the requirement for that the lot width to be 90% of the average of lots within 250 feet and a variance to the requirement for the lot area to be 90% of the average of lots within 250 feet in order to split two lots into three, located immediately to the east of 1631 Calhoun Street, in a "R-2" One and Two Family Residence District. The motion carried unanimously. 4. Request by Cedar Valley Corp., LLC for a variance to expand a legal non -conforming use to allow for a portable concrete batch plant in an "A-1" Agricultural district located at 3613 Texas Street. Western gave the staff report. Beckman asked for clarification as to who the current owner is. Western stated that Aspro Inc. is the current owner. Condon asked if staff was recommending a permanent variance. Western stated that staff is recommending approval to expand a legal non- conforming use to allow for future similar uses such as batch plants even though the current need is for a 6 week period. Schroeder reiterated that that staff is recommending approval of the expansion of a legal non -conforming use so that any future placement of a portable batch plant would be approved as it is a similar use to the existing asphalt plant on the site. However the board could approve as a temporary variance if they so choose. Page 300 of 319 BOARD OF ADJUSTMENT April 23, 2019 Minutes It was moved by Beckman, seconded by Leadley to approve the request by Cedar Valley Corp., LLC for a variance to expand a legal non -conforming use to allow for a portable concrete batch plant in an "A-1 "Agricultural district located at 3613 Texas Street. Motion carried unanimously. 5. Request by Tyler Michaelsen for variances to the average lot size of 18,442 square feet within 250' to split a property and have lot sizes of 10,194 square feet and 10,236 square feet, 8,248 square feet and 8,206 square feet less than the average, to allow for the lot to be split and a new home constructed to the north of the existing house in a "R-2" One and Two Family Residence District, located at 740 Progress Avenue. Western gave staff report. Beckman asked for clarification of the required set back from the property line to the existing garage. Western stated that there is a 3' minimum side yard setback for detached garages. Chiles clarified with staff that the reason for the request is simply because the lot sizes after the split would not meet the average lot size in the 250' radius of the property in question. Schroeder confirmed that was correct. It was moved by Thornsberry, seconded by Chiles to approve the request by Tyler Michaelsen for variances to the average lot size of 18,442 square feet within 250' to split a property and have lot sizes of 10,194 square feet and 10,236 square feet, 8,248 square feet and 8,206 square feet less than the average, to allow for the lot to be split and a new home constructed to the north of the existing house in a "R-2" One and Two Family Residence District, located at 740 Progress Avenue. Motion carried unanimously. 6. Request by Nagle Signs on behalf of Vandello Family Dentistry for a variance to allow an off premise advertising sign in a "C-2" Commercial District located at 1870 West Ridgeway Avenue. Western gave staff report. Mason Fromm from Nagle Signs addressed the board to explain the difficulties in locating a new free standing sing due to underground utilities and limited locations that would provide the desired visibility. Fromm went on to say that it was recently discovered that the purchase of the land to build the dentist office inadvertently included land that the existing monument sign that belongs to the strip mall development to the east at 1850 West Ridgeway. As a result, the existing sign is now considered an off -premise advertising sign to the strip mall development and is no longer in compliance with the City of Waterloo sign ordinances and now requires a variance to bring the sign into compliance. The point of the request is to bring the existing sign into compliance and to buy time while a solution is created to build a second sign for the dentist office. Thornsberry asked if we approve this request its guaranteed that there will be a second sign request. Fromm stated that it's not for sure but it's important to at least get the existing sign legalized. Chilles asked if the variance should be temporary instead. Schroeder stated the board could opt to grant a temporary variance if they so choose and that a permanent variance would allow the sign to stay in place indefinitely and then the dentist office would have to build their own on premise sign. However, there are some complications for placement of a sign due to utilities in the area which makes getting a variance important so as to give the applicant more time to find a solution. Thornsberry questioned how this happened. Schroeder stated that it was missed during the platting process. Condon asked if it's necessary to grant the variance now as opposed to waiting until the applicant can work things out. Fromm stated that the applicant owns the existing sign and could remove all existing sign panels and install their own sign. However, the applicant and the owners of the strip mall are all working together to find a solution to create adequate signage for Page 301 of 319 BOARD OF ADJUSTMENT April 23, 2019 Minutes everyone. Chiles stated that a 90 day temporary variance would ensure that all parties involved will work together and this should have been caught and that the oneness should not be on the dentist but on the owner of the strip mall or they could lose their sign. Thornsberry disagreed stating that would create animosity. And that the variance is the first move towards a solution and the owners of the strip mall would have incentive to work out a solution. Chiles asked Fromm if that was what was happening. From stated that yes both parties recognizes the mistake and are working together to solve the issue. Condon expressed concern that a permanent variance could minimize the incentive for the applicant to resolve the issue. Fromm stated there is no indication of that happening as both parties are a part of the development team for the area therefore all parties are willing to work together. Beckman asked if adding an additional panel to the existing sign would be an option. Fromm stated that it was not possible because the sign is not designed to handle any more additional load. Beckman asked about moving the existing sign to the strip mall property. Fromm stated that a new sign would be built and the skeleton of the existing sign would remain. More discussion ensued and the board determined that a temporary variance may be best action to take. It was moved by Beckman, seconded by Thornsberry to approve the request by Nagle Signs on behalf of Vandello Family Dentistry for a temporary variance to allow an off premise advertising sign in a "C-2" Commercial District located at 1870 West Ridgeway Avenue for a period of 90 days. Motion carried unanimously. 7. Request by A -Line EDS for a Special Permit to expand a salvage yard in a "M-1" Light Industrial District located at 808 Dearborn Avenue. Western gave the staff report. Condon asked if the applicant already owned the property. Western stated that the applicant is in the process of purchasing it. Thornsberry asked for clarification of the distance from the property in question to the homes to the east. Western stated that there are homes within 600' to the east of the site. Thornsberry noted that in the Tech Committee notes, Engineering asked about hard surfacing of the expansion area to which Western responded that the site plan indicates gravel surfacing and that is allowed by the zoning ordinance. Thornsberry asked for clarification on the 600' rule. Schroeder stated that it actually only applies to new salvage yards and was not necessary to notify adjoining property owners for this request, but a courtesy notice was sent out. Beckman questioned whether the adjoining property owners had any input since it was not required to notify them. Schroeder stated that all meetings are open to the public and anyone can attend meetings to speak for or against any request and it's up to the board to weigh any opposition or support for any request, but a courtesy notice was sent. Chiles asked why the notice was not required for this request. Schroeder stated that a majority of salvage yards are less than 600' even before any expansion, and it would make it difficult or impossible for most yards to do any expansions. Chiles asked why the rule was implemented. Schroeder stated if there are new salvage yards established in the city of Waterloo where there is not currently a salvage yard that there has to be at least a 600' distance from any residential uses to try and ensure an adequate set back. Thornsberry gave a breakdown of the petition submitted by concerned property owners pointing out that the city sent out 49 courtesy notices to surrounding property owners. The petition had 61 signatures. However, of the 61 signatures, 15 of them are not within the 600' buffer zone. Condon Page 302 of 319 BOARD OF ADJUSTMENT April 23, 2019 Minutes pointed out that the number of properties represented by those signatures would actually be less due to the fact that many properties have two signatures per property. Eric Johnson, Beecher Law Office representing the applicant, explained that A -Line EDS is a national business with contracts across the United States decommissioning power plants in an industry that is very heavily regulated by both the state and the EPA who come out on both a regular and irregular basis to test and do audits. They are requesting this expansion to expand their storage but are not looking to expand the building in this area. The company is looking to buy about half of the 500 foot piece of land to the east. The company is only planning to use 200-feet to the east with the rest being an access easement for the current owner. The applicant gave a tour of the site to neighbors and as a result of the meeting a study was commissioned to install a sound barrier curtain; as the biggest complaint heard was about the pre -chop operation. The applicant hired Terracon Environmental to conduct an acoustical study that revealed that the company is within the allowed decibel levels. The applicant also had a study done to see if an acoustic curtain would help reduce the sound levels. The study concluded that the curtain is only effective for high frequency sounds which would not help in this situation as the study revealed that the decibel levels from the site are lower frequency sounds. Beckman asked that since the study revealed that the company is within acceptable sound levels, is the company done searching for solutions. Johnson stated that the applicant is not required to do something acoustically but want to be good neighbors and will continue to research other options. Beckman asked if the expansion of the business would allow for different materials that may create higher noise levels. Johnson stated that the expansion is simply to store more of the same materials already being decommissioned. Operations generally end at 4:00pm or within an hour or two of that time. The applicant is also willing for the board to add a condition that says that the expansion area can only be used for storage. In the end the applicant is simply asking to expand the property for additional storage. Beckman asked if there will be more expansion. Schroeder stated that the applicant hasn't maximized there potential for expansion as they could expand on the existing site minus the proposed expansion. Thornsberry asked if the compliance of odor, dust and noise were addresses in the IDNR report. Johnson stated he believed it was. Debra and Paul Barnett, 719 Creston noted they have owned the property at that address since 1981 and have never had a problem with the facility until the last couple of years when they started hearing noise. Believes the shredder moves sound away from the A -Line offices toward their property. Barnett, a neighbor, has sinus problems and the smell does affect him. There have been multiple times that they have had family over and not been able to be in the backyard due to the problems with the site. They have called multiple times about the loud noises, smell and dust. It has only been in the last couple of years that the problems started to occur. Barnett played a recording from their cell phone of what they hear from their property during the operation of the shredder to the board. They also stated that they have to wipe of the patio furniture daily and that it's not PCI causing the dust. Condon asked how the expansion that is designated for storage only will cause an increase in noise. Barnett asked if there can be a stipulation that there is to be no more buildings built. Schroeder stated the ordinance does allow for expansion but that any request to expand would have to come back to the Board of Adjustment for review. Leadley asked about dust in the area. Barnett stated there is a lot of dust and believed it came from the applicants business and not as much from PCI. Leadley pointed to the air quality test that was done in April when it rains a lot and that maybe another test should be taken later in the year to get a better test. Councilman Jerome Amos stated that he is pro -business but has received many calls on the request Page 303 of 319 BOARD OF ADJUSTMENT April 23, 2019 Minutes and is concerned for the residences near the site in question. Johnson reiterated that his client wants to be a good neighbor and continue to address the property owners concerns Thornsberry asked if it is possible to require a sound wall along the neighborhood to the east. Condon stated he thought sound walls cost approximately $1 million Dollars per mile. Schroeder noted that the sound walls along highways where of a different design and believed the sound from the applicants business could possibly go up and over any sound wall as it is a different sound than highway noise and also agreed with Condon that sound walls can be costly prohibitive. Thornsberry made a motion to approve the request with the conditions that there be no new structure constructed in the expansion area and that the hours of operation to be from 7 a.m. to 7 p.m. Monday through Friday. Condon questioned the motion limiting the hours of operation and opposes the motion stating that limiting hours of operation is outside the preview of this request. Schroeder concurred stating the applicant is conceding certain conditions they are willing to be held to therefore the board can attach conditions in relation to those items. Also, the board can impose conditions if they are reasonable and appropriate to the request at hand. Attaching conditions regarding hours of operation would be above and beyond the preview of this request and could be legally questionable. Chiles asked if the condition limiting hours of operation could be removed from the motion. Thornsberry agreed to remove the stipulation limiting the hours of operation from 7 a.m. to 7 p.m. Monday through Friday. It was moved by Thornsberry, seconded by Beckman to approve the request by A -Line EDS for a Special Permit to expand a salvage yard in an "M-1"Light Industrial District located at 808 Dearborn Avenue with the condition that there would be no new buildings constructed in the proposed expansion area. Motion carried unanimously. III. Discussion There was no further discussion. IV. Adjournment It was moved by Beckman, seconded by Thornsberry to adjourn the meeting at 6:55 p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator Page 304 of 319 CITY OF WATERLOO Council Communication Historic Preservation minutes of May 21, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office i mgby, ar.icy Approve 7/ 7/20 II :20 A. ATTACHMENTS: Description o t i rmm ut s of../21 / 19 SUBJECT: Type Cover ..o Historic Preservation minutes of May 21, 2019. Submitted by: Submitted By: Page 305 of 319 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — June 18, 2019— 4:30 P.M. First Floor 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, Miller, Hedrick, and Morehouse. Commission Member(s) absent were: Price, Rohret & Stevens. Others Present: Ed Gallagher — Grout Museum, Pat Morrissey — City Council Representative and John Dornoff — Planning Staff. Approval of Agenda Motion made by Hedrick, seconded by Miller to approve the agenda of the June 18, 2019 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Morehouse, seconded by Hedrick to approve the minutes of the May 21, 2019 meeting. Motions carried unanimously. Hearinzs Request by CRF Rentals for a Certificate of Appropriateness for replacement windows at 1212 Vine Street. Dornoff read the staff report. Motion made by Morehouse, seconded by Hedrick to approve the Historic Neighborhood Maps. Motion approved 3-1 (Ottesen). Reports 1. Main Street The design council did 5 reviews including signage and other items. Friday Loo's have started and will be running through the summer. Flowers went up this week and they are looking for volunteers to water and to donate for the the flowers. My Waterloo days will be coming up soon also. -1- Page 306 of 319 2. Silos and Smokestacks. No Report. 3. Grout Museum Thomas Zahn and Associates have been working with the Grout in connection with the Civil Rights project. Dornoff noted that he and Noel Anderson had been in contact with Billie Bailey about creating a book once all the projects are done. Since the projects are funded by State and Federal grants Dornoff checked with Paula Mohr to see if that would be allowed. Mohr stated that all the information from the studies are considered public documents so the books could be written so long as the consultants are given proper credit. 4. Building Update Dornoff noted that there the Foster building is getting interest and may be redeveloped. Morrissey said that he had heard rumors that the Rath Building was going to be demolished but Dornoff said that the city has been talking with developers to redevelop it. Morrissey also noted that there is $80,000 in the CIP for the Dunsmore House. 5. Project Update The City Council approved recommending approval of nominating the Walnut Neighborhood to the National Register of Historic Places. The State Nomination Review Committee will be reviewing nominations on June 14th in Des Moines. 6. Highland Miller asked if the Highland Neighborhood received any money from the CIP to which Dornoff answered no. Discussion Items/Possible Actin Items 1. Banquet 2019 The banquet had another record turnout of between 40 and 50 people this year. 2. School Art Project There was only one project turned in and the student attended private school. Commissioners discussed that there seemed to be more excitement from when the elementary school students did it. Next year need to get the flyers out when the students start the 2nd semester. 3. Library Meeting and moving the October meeting. -2- Page 307 of 319 Dornoff stated that he has asked Andrew Ball from AHTS Architects to present his historic tax credit presentation during the commission's Library presentation. Due to scheduling conflicts it would be easier if the presentation could be October 8th and the historic commission meeting be moved to that date a week earlier than normal. It was moved by Rohret, seconded by Price to move the October meeting of the Historic Preservation Commission from October 1 Sth to October 8111. Motion carried unanimously. 4. Preservation Iowa Preservation Iowa Summit will be from June 6 to June 8th, 2019. Dornoff will attend on June 6th including a CLG roundtable. Dornoff noted that the commission can reimburse the registration for members of the commission. Morrissey asked why the city does not reimburse the commission members for all expenses. 5. Grants Dornoff noted that the CLG grants will be coming up soon and once the presentation is done tonight hopefully the commission will have a better idea what the next steps should be. Morrissey asked about other areas such as Church Row to which Dornoff noted that the entire Church Row area would cost about $450,000 but it could be done in sections like the triangle. 6. Design Guidelines Now that the banquet is over it is time to start looking at updated the Design Guidelines again. 7. City Owned Properties/Demo List A large number of demolitions are occurring at the present time. 8. Action Plan Dornoff noted that one of the items that has not been done on the action list is working with the schools to do presentations and if these could be done in fall, that would open the door to next year's Art Contest. 9. Website Update Dornoff said that the maps that were approved tonight have been added to the website. 10. Publications and Maps Dornoff said he will working on the next set of maps and publications in the next few months. Other Discussion: 3 Page 308 of 319 Dornoff said that back in the October meeting some accusations were brought against the commission by a certain citizen. Dornoff and Noel Anderson discussed the situation with the state and here are the responses. One of the allegations was that the city lost its CLG status in 2012. This is not true, and in fact the City of Waterloo is doing better than most of the other CLG's in the state. In 2010 the state never received the annual CLG annual report and in 2013 the commission did not have enough training but neither of these things would cause the commission to lose its status. Another allegation was that the commission has not met its requirements for the CLG Grant project in process. While the project is not completed and some hours are not included the volunteer and staff hours are almost double of that required in the grant. Further the person in question is not working for the state and is not contracted with them to be an advisor on their Civil Rights project. Meeting moved to Payne AME Church Rebecca Lawin McCarley of SPARK Consulting presented the research that has been accumulated over the past year as part of the project. Some points and recommendations: In June, 1913 the Time Tribune coined the term "Smoky Row" for the area due to the gambling and bootlegging that was occurring since the City of Waterloo passed prohibition in 1912. In 1914 the areas was "cleaned up" and residents objected to the area being called "Smoky Row" due to the connections with illicit activity. It was also noted that a majority of the residents in the area from the time it was developed were born in the United States. One of the recommendations is to better document African American history in the area and to expand the survey to the north and east since as it stands now there is not enough left in the area to create a historic district. Adjournment Ottesen adjourned the meeting at 8:45 p.m. Respectfully submitted, John Dornoff Planner I -4- Page 309 of 319 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the Notice of Conclusion of Employment for Jess Crane, Maintenance Mechanic, effective June 28, 2019, with recommendation of approval of payout of $731.70 for unused benefits. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date lawman rcesve��:.,evi.m Approve 7/1 //)( 2:27 i ATTACHMENTS: Description SUBJECT: Type Communication from the Waste Management Services Department on the Notice of Conclusion of Employment for Jess Crane, Maintenance Mechanic, effective June 28, 2019, with recommendation of approval of payout of $731.70 for unused benefits. Submitted by: Submitted By: Page 310 of 319 CITY OF WATERLOO, 10 A CITY HALL 715 MULBERRY STREET 50703 To: City Council Members Re: Notice of Severance Today's Date: 7/9/2019 Effective Date: 6/28/2019 Department Waste Management Sell/ices Job Title/Classification Employment Date: Maintance Mechanic This is to report that the employment of with the City of Waterloo has been severed by reason of: Jesse Crane 1/28/2019 Retired Disability Related Li No Ei Yes Resigned Termination Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Total Hours (x) Hourly Rate Vacation -Accrued Vacation -Current ble Sick Leave Frozen Sick Leave Personal Hours Comp Time Pay Unscheduled Leave Other Pay 17 40 27.10 2710 (x) 25% (x) 60% Total Payout 460.70 271.00 Total Paymen Approved by Human Resources 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 Council Agenda Date: Li Accruals OStatus J-9 Date Date 9 tic Updated 6/28/11 Page 311 of 319 CITY OF WATERLOO Council Communication Certified list for the position of Combination Inspector II, for the City of Waterloo, Iowa, Building Inspections Department, as certified by the Civil Service Commission on June 28, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date 7rces Even., eAr.. Approved 7/1 712 ATTACHMENTS: Description SUBJECT: Type :2 P Certified list for the position of Combination Inspector II, for the City of Waterloo, Iowa, Building Inspections Department, as certified by the Civil Service Commission on June 28, 2019. Submitted by: Submitted By: Page 312 of 319 HUMAN RESOURCES DEPARTMENT 716 Mulberry St. 0 Waterloo, IA 50703 e Phone (319) 291-4303 Fax (319) 291-4569 June 28, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following List of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Combination Inspector II for the City of Waterloo, Iowa Building Inspections Department. Appointment(s) shall be made from this list for the next year (June 28, 2019 — June 27, 2020), CERTIFIED LIST Janie Fouts Robert Stanley Hasan Baltic Ryan Folkers Chris Larson Samir Sarkic Ken Foss Respectfully submitted, th/ale Date Lovie aldwell Date Ethel Washingto CS LIST COMBINATION INSPECTOR II 19 WE'RE WORKING FOR OU! An Equal Opportunity/Affirmative Action Employer Page 313 of 319 CITY OF WATERLOO Council Communication Certified list for the position of Solid Waste Technician, for the City of Waterloo, Iowa, Public Works/Sanitation Department, as certified by the Civil Service Commission on June 28, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date 7rces Even., eAr.. Approved 7/1 712 ATTACHMENTS: Description SUBJECT: Type :25 P Certified list for the position of Solid Waste Technician, for the City of Waterloo, Iowa, Public Works/Sanitation Department, as certified by the Civil Service Commission on June 28, 2019. Submitted by: Submitted By: Page 314 of 319 CITY OF ATERLO., I HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 June 28, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Concession, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Solid Waste Technician for the City of Waterloo, Iowa Public Works/Sanitation Department. Appointment(s) shall be made from this list for the next year (June 28, 2019 - June 27, 2020). Respectfully submitted, D6 aS Date CS LIST SOLID WASTE TECHNICIAN 19 CERTIFIED LIST Jeremiah Hanson Andrew Widdel David Brecunier Rodney Duggan Brett Reiter Bobby Bailey Gary Fleming Lary Crane Clark Holdiman Louie Caldwell Dat Date CITY W BSI' : www. ityo waterlooiowa.00m /y WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 315 of 319 CITY OF WATERLOO Council Communication Certified list for the position of Fire Engineer, for the City of Waterloo, Iowa, Fire Rescue Department, as certified by the Civil Service Commission on June 28, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date 7rces Even., eAr.. Approved 7/1 712 ATTACHMENTS: Description SUBJECT: Type P Certified list for the position of Fire Engineer, for the City of Waterloo, Iowa, F ire Rescue Department, as certified by the Civil Service C o mmis s io n on June 28, 2019. Submitted by: Submitted By: Page 316 of 319 CITY OF WATERLOO, HUMAN RESOURCES DEPARTMENT 715 Mulberry Street # Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 une 22019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Fire Engineer for the City of Waterloo, Iowa Fire Rescue Department. Appointments shall be made from this list for the next three years (June 28, 2019 June 27, 2022). Respectfully submitted, Ethel Wyshington CS LIST FIRE ENGINEER 19 CERTIFIED LIST Samuel Hess Randy Hansen Jonathan Eastman Joseph Reiter Christopher Roth 6/0)0//q Date &/70,4Y;4090 Date .„;24,s aye 9 CITY W B IT : www.cityofwaterioolowa.com WE'RE WORKING II G FOR o ! An Equal Opportunity/Affirmative Action Employer Page 317 of 319 CITY OF WATERLOO Council Communication Certified list for the position of Garage Mechanic, for the City of Waterloo, I o wa, P ub lic Works/Central Garage Department, as certified by the Civil Service Commission on June 28, 2019. City Council Meeting: 7/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date 7rces Even., eAr.. Approved 7/1 712 ATTACHMENTS: Description SUBJECT: Type :25 P Certified list for the position of Garage Mechanic, for the City of Waterloo, I o wa, P ub lic Works/Central Garage Department, as certified by the Civil Service Commission on June 28, 2019. Submitted by: Submitted By: Page 318 of 319 CITY OF WATERLOO, I • ''A HUMAN RESOURCES DEPARTMENT 715 Mulberry Street Waterloo, IA 50703 (319) 291-4303 Fax (319) 291-4569 June 28, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Garage Mechanic for the City of Waterloo, Iowa Public Works/Central Garage. Appointment shall be made from this list for the next year (June 28, 2019 — June 27, 2020). Respectfully submitted, Barry askins oola,,j/9 Date CS LIST GARAGE MECHANIC 19 CERTIFIED LIST Todd Clark Blake Seh it Edward Knoebel ovie Caldwell Dat CITY W SIT : www. it ofwaterlooiowa. or WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 319 of 319