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HomeMy WebLinkAboutCouncil Packet - 8/5/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY COUNCIL CHAMBERS Monday, August 5, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. 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 315 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Jamie Knutson, City Engineer Agenda, as proposed or amended. Minutes of July 19, 2019, Special Meeting, as proposed. Minutes of July 22, 2019, Regular Session, as proposed. Minutes of July 30, 2019, Special Meeting, as proposed. Proclamation declaring August 6, 2019 National Night Out. Proclamation declaring August 11-17, 2019 as American Wind Week. Proclamation declaring June, July and August as Lawn Mower and Accident Awareness Months. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving request to certify assessment to 904 Beech Street in the amount of $2,000, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 3. Resolution approving request to certify assessment to 2418 West 7th Street in the amount of $670.46, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 4. Resolution approving request to certify assessment to 703 Magnolia Parkway in the amount of $2,142.40, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Page2of315 Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 5. Resolution approving request to certify assessment to 1158 Leona Avenue in the amount of $772.65, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 6. Resolution approving request to certify assessment to 904 Linn Street in the amount of $751.09, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 7. Resolution approving request to hold MDA Boot Block on August 16, 23 and 30, 2019 at the intersections of Franklin & E. 3rd Streets, Ansborough, LaPorte Road and San Marnan Drive, and Kimball & Ridgeway Avenues. Submitted By: Pat Treloar, Fire Chief 8. Resolution approving Variance to Noise Ordinance request from Rachel Neil and the Edison Neighborhood Association, in conjunction with the annual National Night Out event scheduled for August 6, 2019, from 4:30 p.m. to 8:30 p.m., to be held at the former Edison School lot, including live music and sound system. Submitted By: Corbin Payne, Police Lieutenant 9. Resolution approving Variance to Noise Ordinance request from Darrell Caldwell, Sr., in conjunction with a Birthday Party scheduled for August 18, 2019 from 10:00 a.m. to 10:00 p.m. in the 200 block of Oliver Street, with the use of a PA system. Submitted By: Corbin Payne, Police Lieutenant 10. Resolution approving request from Downtown Waterloo Urban Farmers Market for street closure of Park Avenue between Jefferson Street and lower Washington/Bluff Street on Saturday August 10, 2019 from 6:30 a.m. to 1:00 p.m. Submitted By: Corbin Payne Police Lieutenant 11. Resolution approving request of Mary Fankhauser for a waiver for a concrete driveway located at 1507 Archer Avenue, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 12. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 22, 2019 and date of public hearing as August 26, 2019 for the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and instruct City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 13. Resolution setting date of public hearing as August 19, 2019, for the sale and conveyance of City property, located at 405 Devonshire Drive, to 401 Devonshire, LLC, in the amount of $1.00, and approving a Development Agreement for the construction of a single-family home and related improvements, and authorize the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 14. Resolution approving cancellation of assessments for properties listed on Exhibit Page3of315 A, and authorize City Clerk to notify Black Hawk County Treasurer of said gaulfrqUiYik: Felchle, Clerk Kelley City B. Motion to approve the following: 1. TRAVEL REQUESTS a. Keith Kaspari, Airport Director Class/Meeting: Community Air Service Meeting with United Airlines Destination: Chicago, IL Dates: August 21-22, 2019 Amount not to exceed: $600 b. Tim Andera, Planner II Class/Meeting: Cedar Valley Leadership Institute Course (CVLI) Destination: Waterloo, IA Dates: First Wednesday of each month Oct -May Amount not to exceed: $1,500 c. Officer Nissen Class/Meeting: Basic School Resource Officer Certification Destination: Stuart, IA Dates: August 12-16, 2019 Amount not to exceed: $335 d. Officers Harrington & Nelson Class/Meeting: Iowa Law Enforcement Academy Basic Officer Certification Course Destination: Waterloo, IA Dates: August 26 - October 25, 2019 Amount not to exceed: $8,990 e. Paul Huting, Leisure Services Director Class/Meeting: Iowa Park and Recreation Association Fall Workshop Destination: Ames, IA Dates: September 10-11, 2019 Amount not to exceed: $251 f. Angie Fordyce - Community Development Coordinator Class/Meeting: HOME Underwriting/Subsidy Layering Destination: Fort Worth, TX Dates: September 17-21, 2019 Amount not to exceed: $2,450 g. Onyotse Agbese, Firefighter/EMT Class/Meeting: Paramedic Certification Program Destination: Hawkeye Community College - Waterloo, IA Dates: May 20 - July 27, 2020 Amount not to exceed : $5, 500 Page 4 of 315 2. LIQUOR LICENSES a. Brenda's Park Road Inn, 306 Park Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 8/8/2020 b. Family Dollar #21424, 1120 Franklin Street Class: B Wine / C Beer New Application Includes Sunday Expiration Date: 6/24/2020 c. Kwik Star #569, 875 Fisher Drive Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 8/27/2020 d. Lark Brewing Company, 3295 University Avenue Class: C Liquor w/Outdoor Service/Brew Pub Renewal Application Includes Sunday Expiration Date: 12/31/2019 e. Legs, 212 E. 4th Street, Suite 108 Class: B Wine / C Beer Renewal Application Does not include Sunday Expiration Date: 6/25/2020 f. Longhorn Steakhouse #5374, 1425 E. San Marnan Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/31/2020 g. Narey's 19th Hole, 2073 Logan Avenue Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 8/22/2020 h. Screaming Eagle American Bar and Grill, 228 E. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 4/20/2020 i. Waterloo Fraternal Order of Eagles, 202 E. 1st Street Class: A Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 7/14/2020 3. APPOINTMENTS a. Larry Wiele Board/Commission: Design Review Board Page5of315 Expiration Date: August 5, 2022 New Appointment b. Craig Holdiman Board/Commission: Planning & Zoning Commission Expiration Date: August 5, 2022 Re -Appointment 4. Cigarette/Tobacco Permit New Application for Vibe, 619 Mulberry Street. 5. Cigarette/Tobacco Permit New Application for Locker Room Lounge, 1918 Hawthorne. 6. Bonds. PUBLIC HEARINGS 2. 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 (theme park), located east of 2546 E. Shaulis Road. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located east of 2546 Shaulis Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution authorizing sale and conveyance of a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue, to Reg Drew Investments, LLC, in the amount of $1.00, and authorize the Mayor to execute said documents. Resolution approving a Development Agreement with Reg Drew Investments, LLC, for the property located at 139 Clark Street, and authorize the Mayor and City Clerk to Page6of315 execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 4. 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located west of 3221 Osage Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 5. Sale and conveyance of City owned property located north of 3105 Airport Boulevard to Hartel Properties, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of a 9,792 square foot dog daycare. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property to Hartel Properties, LLC, in the amount of $1.00, located north of 3105 Airport Boulevard, and authorizing Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement and Minimum Assessment Agreement with Hartel Properties, LLC., and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 6. Waterloo Public Library Exterior Stair Renovation Project. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer back to the Building Maintenance Director for review. Submitted By: Noel Anderson, Community Planning and Development Director 7. FY 2020 Levee Rip Rap Spraying, Contract No. 989. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for Page7of315 review. Submitted By: Jamie Knutson, PE, City Engineer RESOLUTIONS 8. Resolution approving Right of Entry Agreement with Friends of Faith Retirement Homes, Inc., to utilize portions of Bontrager Park, in conjunction with the redevelopment of Friendship Village located at 600 Park Lane, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving an Amendment to the Professional Services Agreement with INVISION Architecture of Waterloo, Iowa, in the amount of $13,600 with a revised total contract amount of $68,600, in conjunction with the Kitchen Renovation Improvements Project for the Five Sullivan Brothers Convention Center, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving an Amendment to a Development Agreement with MLG, LLC, for the construction of two single family homes, with a minimum value of $180,000 each, and approving a development grant of $5,000 for each home, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution adopting Sale of Property Policy changes, to reflect infill development incentives for City owned property and private property deemed as infill lots. Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution approving Amendment No. 1 to the Design Services Wastewater Treatment Plant Biosolids Modification Agreement, originally approved on September 20, 2018, in the amount of $38,000, with Strand and Associates of Madison, Wisconsin, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 13. Resolution approving Parking Lot Design Services Agreement, in the amount of $80,000, with InVision Architecture of Waterloo, Iowa, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 14. Resolution approving a Professional Services Agreement with Red Cedar of Waterloo, Iowa, in the amount of $33,000 annually, in conjunction with entrepreneur and new business development assistance, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving Development Agreement with VI 2, LLC, (Randy Vandersee), in conjunction with redevelopment of a site at the northwest corner of San Marnan Drive and Kimball Avenue, for a 3,000 square foot commercial building with a minimum value Page8of315 of $330,000, with tax rebates over an eight year period, and authorize the Mayor and City Clerk to sign and execute all said documents. Submitted By: Noel Anderson, Community Planning & Development Director 16. Resolution approving Pretreatment Lagoon Controls Upgrade Contract with Automatic Systems of Ames, Iowa, in the amount of $36,510, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 17. Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, in an amount not to exceed $200,000, in conjunction with the Greenbelt Lake Improvements Project, with no required City match. Submitted By: Todd Derifield, City Forester 18. Resolution approving an Airline Use Agreement with American Airlines of Fort Worth, Texas, for the occupancy of the Airline Passenger Terminal Building, and the lease of City/Airport owned ground support equipment (GSE), and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 19. Resolution approving a Temporary Services Agreement with Republic Services, Inc., of Cedar Falls, Iowa, in conjunction with processing of the City of Waterloo's recyclable material, and authorize the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Manager 20. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $27,500, in conjunction with the FY 2020 Waterloo Dam Repairs, Contract No. 996, and authorize the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer 21. Resolution approving application for an Iowa Department of Transportation Traffic Safety Grant, in the amount of $200,000, in conjunction with signalization of Independence AvenueNinton Street intersection, and addition of a left turn lane on eastbound Independence Avenue, and assuring the DOT that any funded improvements will be adequately maintained. Submitted By: Mohammad Elahi, Traffic Engineer OTHER COUNCIL BUSINESS 22. Motion approving Change Order No. 1, in the amount of $13,247.70, in conjunction with the RedZone Robotics sewer pipe inspections, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 23. Motion approving Change Order No. 1, in the amount of $1,897.84, in conjunction with the addition of fifty-six (56) lighting fixtures to the Passenger Terminal Ceiling Light Replacement Project, and authorize the Mayor to execute said document. Page9of315 Submitted By: Keith Kaspari, Airport Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:50 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Board of Adjustment minutes of May 30, 2019. 2. Airport Board Meeting minutes of June 25, 2019. 3. Historic Preservation Commission minutes of June 18, 2019. 4. Complete Streets minutes of May 21, 2019. Page 10 of 315 CITY OF WATERLOO Council Communication Minutes of July 19, 2019, Special Meeting, as proposed. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer Clerk Office Ifigby, N �mcy Action Date Approved 7/26/2 ATTACHMENTS: Description Type D I mutes of / 9/ _ : cku arc �rma�l Submitted by: Submitted By: Page 11 of 315 SPECIAL SESSION MINUTES July 19, 2019 10:50 a.m. Harold E. Getty Council Chambers The Council of the City of Waterloo, Iowa, met in Special Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 10:50 a.m., on Friday, July 19, 2019. Mayor Quentin Hart in the Chair. Members present: Morrissey, Klein, Amos, Schmitt, Juon. Absent: Jacobs and Feuss. 156568 — Juon/Schmitt that the Agenda, as proposed, be approved. Voice -vote Ayes: Five. Motion carried. 156569 - Morrissey/Schmitt to adjourn to executive session at 11:00 p.m. Roll -call vote Ayes: Five. Motion carried. Dave Zellhoefer, City Attorney, stated that discussion of hiring an individual, as requested by the individual, is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(i). 156570 - Morrissey/Schmitt to adjourn executive session at 1:50 p.m. Roll -call vote -Ayes: Five. Motion carried. The City Council interviewed Micah C. Hawker Boehnke for the position of City Attorney. Kelley Felchle, City Clerk, explained that the next candidate, James Moriarty, requested an executive session for his interview, in accordance with 21.5(1)(i), after the agenda was posted. 156571 — Morrissey/Juon to adjourn to executive session. Roll -call vote -Ayes: Five. Motion carried. Dave Zellhoefer stated that discussion of hiring an individual, as requested by the individual, is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(i). 156572 — Juon/Klein to adjourn executive session at 4:13 p.m. Roll -call vote -Ayes: Five. Motion carried. 156573 — Juon/Klein that the meeting be adjourned at 4:13 p.m. Voice -vote Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 12 of 315 CITY OF WATERLOO Council Communication Minutes of July 22, 2019, Regular Session, as proposed. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Clerk Office Reviewer I I igby,Nncy Action Date Approved 7/26/2019 I 2: ATTACHMENTS: Description Type D N4 mutes of 7/22/ Bcki Submitted by: Submitted By: ip aerial Page 13 of 315 July 22, 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 22, 2019. Mayor Quentin Hart in the Chair. Roll Call: Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Absent: Jacobs. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 156574 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 22, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 156575 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 15, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. ORAL PRESENTATIONS Todd Obadal, 124 Amity Drive, commented that public input is important and should be encouraged to maintain transparency and noted that he doesn't think he received everything he should have with a recent records request. John Sherbon, 1715 Robin Road, questioned why one of the council members has not had the full ability to function as a full council member due to a lawsuit. He commented that some closure should be brought so that this council member no longer has to abstain on certain items. Wayne Nathem, 548 Cloverdale, invited the public to go out to the airport to see some of the classic airplanes that are currently there on their way to Oshkosh, Wisconsin. Keith Kaspari, Airport Director, provided an overview of the types of WWII aircraft currently at the airport through Thursday, and the fees to ride and tour the various aircraft. Eric Donot, 610 E. 4th Street, commented that he encouraged council to consider and support the ban the box initiative. Kathy Mahoney, 1400 Denver Street, commented that last week there was a question posed by a council member that the Hawkeye home building program shows favoritism to Hawkeye rather than any other higher educational institution and noted that she was unable to discover any other project that had been denied access to similar funding. She further commented on the benefit of the project to the community. David Dryer, 3145 W. 4th Street, commented that on the Finance Committee agenda more money is being given to Vandewalle and Associates and that the public and council has asked for justification for the benefit they provide to the city and no explanation has been given. He questioned what the New World software is and why is Sanitation buying more carts. He further commented that the American Legion Post 138 is celebrating its 1 OOth anniversary at Electric Park Ballroom on Saturday, August 10, 2019 at 5:00 p.m. he explained the activities that will take place along with ticket prices. 156576 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 156577 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: Page 14 of 315 July 22, 2019 Page 2 1. 1. Resolution approving Finance Committee Invoice Summary Report, dated July 22, 2019, in the amount of $4,362,149.71, 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. 2019-540. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-541. 3. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-542. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-543. 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 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. Resolution adopted and upon approval by Mayor assigned No. 2019-544. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-545. 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. Resolution adopted and upon approval by Mayor assigned No. 2019-546. b. Motion to approve the following: a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Julie Dawson, Housing Authority Director Ridgeway Towers Resident Meetings Ridgeway Towers TBA 7/1/19 thru 6/30/2020 $500 Brian Bowman - Treatment Operation Supervisor; Jesse Water Environmental Federation's Technical Exhibition and Conference Chicago, IL September 23- 24, 2019 $1,200 Page 15 of 315 July 22, 2019 2. a. b. c. d. Page 3 Gaherty - Maintenance Foreman; Brad Manahl - Treatment Operations Foreman; John Hyman - ICT Foreman Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Dad's Pub, 1106 La Porte Road C Liquor w/Outdoor Service Renewal 6/30/2020 x Guddi Mart, 306 Byron Avenue B Wine / C Beer Renewal 7/2/2020 x Hy-Vee Gas #3 1512 Flammang Drive C Beer Renewal 8/26/2020 x Olive Garden Restaurante #1489 1315 E. San Marnan Drive C Liquor Renewal 5/28/2020 x 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. 4. Bonds. Roll call vote -Ayes: Six. Motion carried. 156578 - Morrissey/Amos 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. Roll call -vote -Ayes: Five. Nays: One (Morrissey). Motion carried. Mr. Morrissey commented that the title of the position is different from what was presented during the budget discussions, and questioned if the person being recommended for appointment is currently employed with the city. Randy Bennett, Public Works Director, explained that Mr. Strange is currently employed by the city and that the individual is the head of Central Garage, and noted that there is no change in budgeted amount with the title change. Mr. Morrissey commented that two mechanics were recently hired and questioned if the department is fully staffed. Randy Bennett explained that if appointed, it will leave the department short one mechanic and that the position will be filled. Mr. Morrissey commented that it is his opinion this action will result in the loss of 75-85 percent of a hands on position in favor of an administrative position, and therefore he cannot support the motion. PUBLIC HEARINGS 156579 - Schmitt/Amos that proof of publication of notice of public hearing on Asphalt Emulsions for the City's Recycled Asphalt Paving Program, as published in the Waterloo Courier on July 15, 2019, be received and placed on file. Voice vote -Ayes: Six. Motion carried. Page 16 of 315 July 22, 2019 Page 4 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 156580 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 156581 - Schmitt/Amos that "Resolution confirming approval of bid documents, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-547. 156582 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-548. 156583 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $220,000 Bidder Bid Security Bid Amount Bituminous Materials & Supply Des Mointes, IA N/A $152,500 Voice vote -Ayes: Six. Motion carried. 156584 - Schmitt/Amos that "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", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-549. RESOLUTIONS 156585 - Morrissey/Amos that "Resolution approving Fiscal Sponsorship Agreement with the Waterloo Youth City Council", be adopted. Roll call vote -Ayes: Six. Motion carried. Michelle Temeyer, Waterloo Community Foundation, provided an overview of the agreement. Mrs. Juon questioned if there was any financial commitment required from the City. Michelle Temeyer, said there was not. Student representatives from the Waterloo Youth City Council explained the work that they are doing. Jonathan Grieder, 2719 Edgemont, explained the importance of getting young people involved in government and also provided information on funds they've received to date and how those monies are being used. Resolution adopted and upon approval by Mayor assigned No. 2019-550. Page 17 of 315 July 22, 2019 Page 5 156586 - Morrissey/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Morrissey questioned if the city would be able to install the equipment. Dan Trelka, Police Chief, explained that the installation is very technical. Resolution adopted and upon approval by Mayor assigned No. 2019-551. 156587 - Morrissey/Amos that 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, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. 156588 - Morrissey/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-552. 156589 - Klein/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-553. 156590 - Klein/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Todd Obadal, 124 Amity Drive, questioned if the expenditure is in conjunction with the over pressure situation or if it is caused by a new event. Resolution adopted and upon approval by Mayor assigned No. 2019-554. 156591 - Klein/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Sandie Greco, Traffic Operations Superintendent, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-555. 156592 - Amos/Morrissey that "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 Page 18 of 315 July 22, 2019 Page 6 City $5,500 towards two (2) detection cameras at U.S. Highway 63 and Airline Highway, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-556. 156593 - Amos/Morrissey that "Resolution approving a temporary crosswalk and stop sign mid -block in the 100 block of E. 4th Street", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-557. 156594 - Amos/Morrissey that "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", be adopted. Roll call vote -Ayes: Five. Nays: One (Klein). Motion carried. Jim Chapman, 224 Bertch, questioned if someone is interested in purchasing the property and how the city would pay for the property. Noel Anderson, Community Planning and Development Director, explained that a buyer has not been identified and funds from the bond sale will be used to purchase the property. John Sherbon, 1715 Robin Road, commented that funds were recently taken out of the camera fund because the city is out of money. Now, the city is spending money it does not have. He stated that the city should have place an option to buy on the property for five years. He further questioned if this is the assessed value or appraised value and commented that prices have dropped in the area for several years. He questioned why the city is pursuing this development when no buyer is interested. Wayne Nathem, 548 Cloverdale, commented that the city should not buy property when it does not have a buyer. David Dryer, 3145 W. 4th Street, questioned who Bowlers Group II, LLC is and he agrees with previous comments regarding purchasing property without a buyer. Forrest Dillavou, 1725 Huntington Road, commented that he was sitting around with a few residents who were asking him how the city planned to pay for the property. He explained to them that the taxes the eventual buyers will pay will not pay back the bonded money and interest, and if it is in the economic development, it would be 20 years before any of the dollars would be paid back. He stated that the city has property all over Waterloo that it does not have a buyer lined up for, will sell property for $1.00 with add-ons, and the citizens are tired of it. Mrs. Klein questioned if what Mr. Dillavou stated was correct. Noel Anderson stated it was not and explained that when a project is in place, the bonds will be paid and noted that this is standard practice with cities throughout the state of Iowa. Mrs. Klein questioned who purchased the property in 2017 and what they paid. Noel Anderson explained it was purchased by the Bowlers Group and they paid close to a million dollars which also included the entire parcel and the building to the north. Mrs. Juon requested an overview of why it is beneficial for the city to acquire this property. Noel Anderson explained that the Planning Department is charged with, via the strategic plan, creating shovel ready development lots, and that infill development sites are one of the better development methods because infrastructure already exists. He further explained how this project will help to support the existing business base and stated that Cadillac Extreme Bowling Center had no intention of developing this lot, so this project will create an additional tax base for the city. Page 19 of 315 July 22, 2019 Page 7 Mr. Morrissey commented that prior to expanding the TIF District, there was no futuristic look at doing anything with this land that would add to the tax base. He questioned if Mr. Anderson believes this site will be attractive to future investors. Noel Anderson confirmed and noted it is especially so with the opportunity zone designation, the Brownfield Greyfield potential and its location on the Highway 218 corridor. Mrs. Klein commented she received an email from someone that the Bowlers Group purchased the property in question for $83,890 in 2017, and questioned the discrepancy in the purchase price that was reported previously. Noel Anderson explained that he has records that indicate they purchased the entire site in one purchase and is not sure where the figures she has would have come from. Rich Amy, 1980 Winston Place, explained that the four parcels were purchased as one unit in March of 2017. He stated that they paid $830,000 and explained the parcels and buildings were included in the package. Don Miller, 707 Stone Quarry Road, questioned if this property has been on the market and what the value will be after improvement are made. Noel Anderson commented that the property has not been on the market and the finished value will be determined by the county. Kathy Mahoney, 1400 Denver Street, questioned if the appraisal rate of $4.50 per square foot for the two undeveloped lots could possibly be inflated because of the value of the two lots being retained by the Bowlers Group, and for comparison purposes, what the square footage of those two lots is. Noel Anderson explained he does not have that information at this time but he could get that from the county assessors. Resolution adopted and upon approval by Mayor assigned No. 2019-558. 156595 - Schmitt/Amos that "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", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Morrissey questioned how the dollar amount of the contract has changed over time. Noel Anderson explained the amount is the same. Mr. Morrissey questioned if now would be an appropriate time to raise the dollar amount from $40,000 to $60,000. Noel Anderson recommended that the contract be approved as submitted until such a time that the Chief Financial Officer is available to comment on funding any changes. Mayor Hart commented that they have some changes that are going to take place in the next year and a half and come back with a proposal for additional funding in the future. Mrs. Juon commented that the Main Street Board is looking for additional funding options that would affect the city. Mrs. Klein commented that the city was short $270,000 in the budget and does not believe now is the time to request additional funding. Mr. Morrissey commented that it is reasonable to ask for more funding as they do a lot with very little. Resolution adopted and upon approval by Mayor assigned No. 2019-559. Page 20 of 315 July 22, 2019 Page 8 156596 - Schmitt/Amos that "Resolution approving the Memorandum of Understanding with INRCOG 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", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-560. ORDINANCES 156597 - Amos/Morrissey 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 third time and adopted. Roll call vote -Ayes: Six. Motion carried. Item: Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 1 to remove properties from the TIF area. Ordinance adopted and upon approval by Mayor assigned No. 5504. 156598 - Morrissey/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 third time and adopted. Roll call vote -Ayes: Six. Motion carried. Item: 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. David Dryer, 3145 W. 4th Street, questioned the benefit to the city when property is purchased for a high price and sold for one dollar. Ordinance adopted and upon approval by Mayor assigned No. 5505. 156599 - Morrissey/Amos 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 third time and adopted. Roll call vote -Ayes: Six. Motion carried. Item: San Marnan Urban Renewal 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. Page 21 of 315 July 22, 2019 Page 9 John Sherbon, 1715 Robin Road, suggested the council consider to have a small percentage be kicked back to the general fund. Mayor Hart questioned how many funds were released this year. Noel Anderson explained that $600,000 have been released from the Northeast Industrial Park TIF, and noted that for each TIF District there is a portion that is released to the debt service levy and schools. Kathy Mahoney, 1400 Denver Street, commented that the original assessed value of TIF District properties goes back to the general fund, so money isn't being lost, just the increased property value goes toward these other places. Ordinance adopted and upon approval by Mayor assigned No. 5506. 156600 - Schmitt/Amos that "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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Dave Zellhoefer, City Attorney, commented that this is to update a poorly written ordinance. 156601 - Schmitt/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 156602 - Schmitt/Morrissey that "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", be received, placed on file, considered and passed for the second and third times and adopt said ordinance. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5507. ADJOURNMENT 156603 - Morrissey/Amos that the Council adjourn at 6:57 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 22 of 315 CITY OF WATERLOO Council Communication Minutes of July 30, 2019, Special Meeting, as proposed. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer Clerk Office Ifigby, N �mcy Action Date Approved 7/30/2 : ATTACHMENTS: Description Type D I mutes of '/ / _ : c kup nai Submitted by: Submitted By: Page 23 of 315 SPECIAL SESSION MINUTES July 30, 2019 12:30 p.m. Harold E. Getty Council Chambers The Council of the City of Waterloo, Iowa, met in Special Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 12:30 p.m., on Tuesday, July 30, 2019. Mayor Pro Tem Sharon Juon in the Chair. Members present: Morrissey, Klein, Amos and Juon. Absent: Jacobs and Schmitt. 156604 - Morrissey/Amos That the Agenda, as proposed, be approved. Voice -vote Ayes: Four. Motion carried. 156605 - Morrissey/Amos to approve a new Liquor License application for Iowa Irish Fest, 3238 DeWitt Road, Class C Liquor/Outdoor Service/Sunday Sales, expiring on August 6, 2019. Voice -vote Ayes: Four. Motion carried. 156606 - Morrissey/Amos that the meeting be adjourned at 12:33 p.m. Voice -vote Ayes: Four. Motion carried. Kelley Felchle City Clerk Page 24 of 315 CITY OF WATERLOO Council Communication Proclamation declaring August 6, 2019 National Night Out. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department ayor Office Clerk Office vi Reviewer Action Date yatt, K...endra Approved. 7/29/201.9 - 5:43 I. li igby, .1N".ancy Approved 7/30/201.9 - 9:42 A II. ATTACHMENTS: Description Type D Natiorrl Night Out Backup 1 Submitted by: Submitted By: Page 25 of 315 PRsCLAMATIsN CITY OF WATERLOO IOWA the National Association of Town Watch (NATW) sponsors a national community -building campaign on August 6, 2019, entitled "National Night Out; and the National Night Out event provides an opportunity for neighbors in Waterloo to join 38 million people in over 16 thousand communities from all 50 states, U.S. territories, Canadian cities, and military bases worldwide; and National Night Out is an annual community -building campaign that promotes police -community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live; and WREREAS neighbors assist law enforcement through joint community -building efforts and supporting National Night Out 2019; and it is essential that all citizens of Waterloo come together with law enforcement and work together to build a safer, better community. NOW, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby call upon all citizens of the City of Waterloo to join Neighborhood Associations and the National Association of Town Watch in supporting the 36th Annual National Night Out on August 6, 2019. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 5th day of August 2019. ATTEST: uI Kelley Fekhl Quentin Hart City Clerk Mayor „ , •-, • ••-,,-,, Page 26 0 CITY OF WATERLOO Council Communication Proclamation declaring August 11-17, 2019 as American Wind Week. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer �i ayor Office i yatt, ]K....endrar, Clerk Office ghy, .Nancy Action Date Approved 7/2 5/201, 92: Y1 Approved 7/29/201, 9 11v,) .A ATTACHMENTS: Description Type c -k Rack ip 1 Submitted by: Submitted By: Mayor Quentin Hart Page 27 of 315 aTY 1, WATERIOO, 11 WA PROCLAMATION Iowa ranks second in the nation for wind power capacity with nearly 9,000 megawatts installed, producing enough electricity to power nearly 2.1 million homes; and Iowa's wind production also ranks second in the nation at 33.7% of all in- state electricity production, with current and future projects estimated to bring wind's share of electricity production to over 40% by 2020; and Iowa is home to 114 wind farms and 10 wind -related manufacturing facilities; and wind powers opportunity in cities and communities all across Iowa, resulting in $58 million in state and local tax payments and $20-$30 million in land lease payme t ts in 2018 alone; and wind farms in Iowa have attracted over $16.3 billion dollars in private investment to date, helping to spur critical investments in communities that fund manufacturing jobs, education programs, and local economic development projects; and the development of wind power now supports nearly 10,000 jobs across the state; and the advancements in wind power will greatly enhance our ability to attract new businesses and talent to our state and community, and wind energy will continue to grow as a major force in the U.S. economy; NOW, THEREFORE, 1, Mayor Quentin Hart do hereby proclaim August -17, 2019 as AMERICAN WIND WEEK in Power Up Iowa and encourage Iowans to learn more about wind's impact on our community a celebrate Iowa's leadership in wind energy production. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 5th day of August 2019. ATTEST: Kelley Felc City Clerk QuentinHart Mayor Page 28 0 CITY OF WATERLOO Council Communication Proclamation declaring June, July and August as Lawn Mower and Accident Awareness Months. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer Action Date ayor (.) ice iyatt, Kendrar, Approved 7/25/2(01, 92:0' lcrk 0 Mee gh y, Nan y Approved 7/29/2019,,,,,, ATTACHMENTS: Description P roc1anratmoi . : eclla i 2 I /awn wer a :i Accident, Awareness ths ui ra ^.e, Juy, and August Type Cove Submitted by: Submitted By: Mayor Quentin Hart Page 29 of 315 crrir OF Ita Pit C 00. IOWA :ON WHEREAS, promoting lawn mower safety and accident awareness in Black Hawk County and the surrounding areas; and WHEREAS, numerous people especially childre are injured yearly in lawn moweraccidents or machinery accidents; and WHEREAS Tate's Amy is working on educating families and communities of la mower safety and machinery equipment accidents; and HEREAS, Tate's Army provides resources to supporl groups, safety links, and safety videos; and WHEREAS Tate's Army disseminates lawn mower and machinery safety information to families and communities, as well as, contribute to a direct assistance fund for families affected by lawn mower or machinery equipment accidents; NOW, THEREFORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim June, July, and August as LAWN MO D ACCIDENT AWARENESS MONTHS in the City of Waterloo. IN WITNESS WHEREOF I have here unto set my hand and caused the official seal of the City of Waterloo, Iowa to be affixed this 5th day of August 2019. ATTEST: Kelley Felch City Clerk Quentin Hart. Mayor CITY OF WATERLOO Council Communication Resolution approving request to certify assessment to 904 Beech Street in the amount of $2,000, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 8/5/2019 Prepared: 7/18/2019 REVIEWERS: Department Reviewer Action Date ter . 'irks C.I oon., Cfr d Approved 7/30/20 ) ,,, 44:2zi. P- erk (� pOffice ence iyhy, N aricy Approve 7/ 0/20 i 9 ,,, v01 . ATTACHMENTS: Description July 17, 201. 9 B - -d act ossessment Beech _ Street SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type CoverMemo Resolution approving request to certify assessment to 904 Beech Street in the amount of $2,000, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their July Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Waterloo Water Works operating funds, generated from water s ales . Page 31of315 General anager 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 July 18, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: TT The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, July 17, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $2,000.00, which is supported by invoice from Frickson Bros. Excavating, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 904 Beech Street, which is located on Lot Nos. 13 and 14 in Block No. 9 in Rose Hill First Addition, to the City of Waterloo, Iowa, Black Hawk County, and owned by Naomi Sisk. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Chair Vice -Chair Page 32 of 315 Page 2 It was moved by Wall, second by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 33 of 315 CITY OF WATERLOO Council Communication Resolution approving request to certify assessment to 2418 West 7th Street in the amount of $670.46, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 8/5/2019 Prepared: 7/19/2019 REVIEWERS: Department Reviewer ,ter 'ork:s. C.I oon., O"m u,d. (perk Office i :.. ghy, .Nancy. ATTACHMENTS: Description February 27, 24„ I est Pit rm SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: on. assess] Action Date Approved 7/30/2(0 ,) P Approv 7/ 0/20 i �0 P IIh� Type CoverMemo Resolution approving request to certify assessment to 2418 West 7th Street in the amount of $670.46, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their February 27, 2019 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Waterloo Water Works operating funds, generated from water sales. Page 34 of 315 General Manager 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 July 19, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: SC The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, February 27, 2019. RESOLUTION WHEREAS, the Interim Board Secretary, Dennis D. Clark, presented a statement of $670.46 , which is supported by invoice from R Company d/b/a Frickson Backhoe & Trucking, and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave sox at 2418 West 7th Street, which is located on the South 34 feet of Lot 10, Block 10, and the North 32 feet of Lot 11, Block 10, Lincoln Heights Addition, City of Waterloo, Black Hawk County, and owned by John Edward Carpenter and Marllis M. Carpenter. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. TTE Chair Vice -Chair Page 35 of 315 Page 2 It was moved by Welper, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS (7. Chad Coon, General Manager CCIcm Page 36 of 315 CITY OF WATERLOO Council Communication Resolution approving request to certify assessment to 703 Magnolia Parkway in the amount of $2,142.40, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 8/5/2019 Prepared: 7/19/2019 REVIEWERS: Department Reviewer ,ter 'ork:s. Coon., (fir ,d. (perk Office i :.. ghy, .Nancy. ATTACHMENTS: Description ifF eFjivary 27, 2019 B:::Boar°d. I' IC g o is P ark ay. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: on assess] Action Date Approved 7/30/2(0 , 944.23 A� °t��rovc 7/3 0/2 0 i 9 4: 6 P. IIh� Type C overMemo Resolution approving request to certify assessment to 703 Magnolia Parkway in the amount of $2,142.40, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their February 27, 2019 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Waterloo Water Works operating funds, generated from water sales. Page 37 of 315 General anager 325 SYCAMORE STREET P.O. BOX 27 ATERLOO, 10 A 50704 July 19, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, February 27, 2019. RESOLUTION WHEREAS, the Interim Board Secretary, Dennis D. Clark, presented a statement of $2,142.40, which is supported by invoice from R Company d/b/a Frickson Backhoe & Trucking, and the Waterloo Water Works, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 703 Magnolia Parkway, which is located on Lot No. Eighty-five (85) in Galloway Addition, Waterloo, Black Hawk County, and owned by Scott Mulder. WHEREAS, the property owner hired a plumber to make the necessary repairs, and agreed to have the Water Works pay the plumber for the cost of the repairs and then reimburse the Water Works via invoice. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not pay the invoice from the Waterloo Water Works, it is necessary to have the cost assessed to the property. Chair Vice -Chair Page 38 of 315 Page 2 NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Welper, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 39 of 315 CITY OF WATERLOO Council Communication Resolution approving request to certify assessment to 1158 Leona Avenue in the amount of $772.65, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 8/5/2019 Prepared: 7/19/2019 REVIEWERS: Department Reviewer ,ter . 'orks (.I oon., Om - t. (� perk Office hce i :.. ghy, .Nancy. ATTACHMENTS: Description if; elb ashy 27, 201.9 :B:::Boar°d. 1.1.58 IL., corm .Avenue SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: on assess]. Action Date Approved 7/30/2(019 P A � °t��rovc 7/ 0/2(0 i P IIh� Type CoverMemo Resolution approving request to certify assessment to 1158 Leona Avenue in the amount of $772.65, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their February 27, 2019 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Waterloo Water Works operating funds, generated from water sales. Page 40 of 315 General Manager A 11111100 325 SYCA ORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 July 19, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX; 319-232-1962 TRUSTEES: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, February 27, 2019. RESOLUTION WHEREAS, the Interim Board Secretary, Dennis D. Clark, presented a statement of $772.65, which is supported by invoice from R Company d/b/a Frickson Backhoe & Trucking, and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box at 1158 Leona Avenue, which is located on Lot No. One Hundred Nineteen (119) in Fourth Addition to Lindner Heights, Waterloo, Iowa, Black Hawk County, and owned by Pamela J. Ryan. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. TT Chair Vice -Chair Page 41 of 315 Page 2 It was moved by Welper, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 42 of 315 CITY OF WATERLOO Council Communication Resolution approving request to certify assessment to 904 Linn Street in the amount of $751.09, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 8/5/2019 Prepared: 7/19/2019 REVIEWERS: Department Reviewer Action Date ter . 'irks (./oon., Chad Approved 7/30/2(0 , ) ,,, 44:244. P- erk (� pOffice i ice iyhy, N an.cy Approve 7/ 0/2 (0 i 9 ,,, 5 v01 3 ATTACHMENTS: Description .,eelb ashy 27, 2019 Boar°d.. .., gum m.mrm Street SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: on assess] Type cam°° 904. (,,overMemo Resolution approving request to certify assessment to 904 Linn Street in the amount of $751.09, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their February 27, 2019 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Waterloo Water Works operating funds, generated from water sales. Page 43 of 315 C'cs. General Manager 325 SYCAMORE STREET P.O. BOX 27 WATERLOO, IOWA 50704 July 19, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, February 27, 2019. RESOLUTION WHEREAS, the Interim Board Secretary, Dennis D. Clark, presented a statement of $751.09, which is supported by invoice from Frickson Bros. Excavating, and the Waterloo Water Works, showing the work necessary to repair the pave box in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box at 904 Linn Street, which is located on the North Forty-two and Eight -tenths (42.8) feet of the South Ninety-seven and Eight -tenths (97.8) feet of Lot No. Fourteen (14), in Block No. Eight (8), and the South Eight (8) feet of the North Fifty-four (54) feet of Lot No. Thirteen (13), in Block No. Eight (8) in Manson's Third Addition to Waterloo, Black Hawk County, Iowa, and owned by Mingo Enterprises, LLC. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Chair S, Vice -Chair Page 44 of 315 Page 2 It was moved by Weiper, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Welper. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 45 of 315 CITY OF WATERLOO Council Communication Resolution approving request to hold MDA Boot Block on August 16, 23 and 30, 2019 at the intersections of Franklin & E. 3rd Streets, Ansborough, LaPorte Road and San Marnan Drive, and Kimball & Ridgeway Avenues. City Council Meeting: 8/5/2019 Prepared: 7/23/2019 REVIEWERS: Department Reviewer Action Date W j.: i re Rescue Tre oar, P at Approved 7 23 20 ,) ,,,,,,, 1 0: G perk Of rice h N an c. Approv 7/) i /2 0 1 9 ,,, v 3 9 .� y �� � IIIv. t� -�, SUBJECT: Resolution approving request to hold MDA Boot Block on August 16, 23 and 30, 2019 at the intersections of Franklin & E. 3rd Streets, Ansborough, LaPorte Road and San Marnan Drive, and Kimball & Ridgeway Avenues. Submitted by: Submitted By: Pat Treloar, Fire Chief Recommended Action: approve Summary Statement: This year, as always, we will place an emphasis on firefighter safety as well as the safety of commuters from the city. We will accomplish this by wearing high visibility vests and by using signage prior to our collection points. MDA has again provided insurance c overage. We would like to thank the City of Waterloo and the patrons of our city for their continued support and generosity in our efforts to raise money to assist those with neuromuscular diseases. Waterloo has continually been one of the top fundraisers in the state. Last year the citizens of Waterloo gave over $20,000 to fight muscular dystrophy. The MDA Coordinator for Local 66 is Jared Bargman. Page 46 of 315 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Rachel Neil and the Edison Neighborhood Association, in conjunction with the annual National Night Out event scheduled for August 6, 2019, from 4:30 p.m. to 8:30 p.m., to be held at the former Edison School lot, including live music and sound system. City Council Meeting: 8/5/2019 Prepared: 7/26/2019 REVIEWERS: Department :) epart SUBJECT: Reviewer ll� gby, N an.cy Action Date Approv 7/26/201, 9 ,,,,,,, I w 31 A Resolution approving Variance to Noise Ordinance request from Rachel Neil and the Edison Neighborhood Association, in conjunction with the annual National Night Out event scheduled for August 6, 2019, from 4:30 p.m. to 8:30 p.m., to be held at the former Edison School lot, including live music and sound system. Submitted by: Submitted By: Corbin Payne, Police Lieutenant Page 47 of 315 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Darrell Caldwell, Sr., in conjunction with a Birthday Party scheduled for August 18, 2019 from 10:00 a.m. to 10:00 p.m. in the 200 block of Oliver Street, with the use of a PA system. City Council Meeting: 8/5/2019 Prepared: 7/30/2019 REVIEWERS: Department P of cc )epart SUBJECT: Submitted by: Reviewer ll� gby, Nancy Action Date Appro ved 7/30/2() 1 9 ,,,,,,, 12 58 IT Resolution approving Variance to Noise Ordinance request from Darrell Caldwell, S r. , in conjunction with a Birthday Party scheduled for August 18, 2019 from 10:00 a.m. to 10:00 p.m. in the 200 block of Oliver Street, with the use of a PA system. Submitted By: Corbin Payne, Police Lieutenant Page 48 of 315 CITY OF WATERLOO Council Communication Resolution approving request from Downtown Waterloo Urban Farmers Market for street closure of Park Avenue between Jefferson Street and lower Was hingto n/Bluff Street on Saturday August 10, 2019 from 6:30 a.m. to 1:00 p.m. City Council Meeting: 8/5/2019 Prepared: 8/1/2019 REVIEWERS: Department Pof cc :)epar, Clerk Office ATTACHMENTS: Description D 08 10,,, 20 I, 9 j:," SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Payne, �,..., �I Thy, Nancy �7s rkcu t Action Approved Approve. Type Cover .o Date 8/1 20 9 9:5 :./1/2.019 11: Resolution approving request from Downtown Waterloo Urban Farmers Market for street closure of Park Avenue between Jefferson Street and lower Was hingto n/Bluff Street on Saturday August 10, 2019 from 6:30 a.m. to 1:00 .m. Submitted By: Corbin Payne Police Lieutenant Approve request Farmers Market temporary street closure on August loth, from 6:30 a.m. to 1 p.m. of Park Ave between Jefferson St and lower Washington/Bluff St, city barricades needed. This event is usually held at the Riverloop Expo Plaza, but is being moved due to another event at that location. Placement and retrieval of city barricades General Page 49 of 315 RY MAN SUMIT WAIFR.(CC Waterloo Urban Farmers Market Street Closure Request July 31, 2019 The Waterloo Urban Farmers Market, located at ,460 Jefferson St, is requesting street closure to relocate our farmers arket due to the annual Stem and Stein event at the Riverloop Expo Plaza on August 10th 2019. This street closure request on Aug 10th will be from 6AM - 1:30PM which includes set up and tear down time. We have two options presented in this request with (Plan A) being our preferred option. Plan A: On August 10th from 6AM - 1:3OPM, close W. Park Ave between Jefferso St and lower Washingtonizluff St. This will allow us to have an easy transition with this block of W. Park Ave bei g the same length as the Riverloop Expo Plaza. With this option we are requesting eight total barricades. Four at W Park Ave and Jefferson St, and four at W. Park Ave and lower Washington St to ensure the safety of vendors, customers, and staff. Plan B: On August 10th from 6AM - 1:30PM, close Jefferson St between W. Park Ave and W. 3rd St. In addition, we will need a section of W.3rd St between Jefferson and Commercial St. Starting at the corner of Jefferson and W.3rd St and ending behind the parking lot of Forcier Law Office and, Agape therapy. This option will need 16 total barricades, four on both ends of Jefferson St between W. Park Ave and W. 3rd St. With an additional 8 barricades on W. 3rd St for the section described above between Jefferson and Com ercial St to ensure the safety of vendors, customers, and staff. For questions and additional information please contact Market Manager, DaQuan Campbell at (319) 291-2038 or by email at urban ark t ain treetwaterloo.aro Sincerely, Cadi Page 50 of 315 CITY OF WATERLOO Council Communication Resolution approving request of Mary Fankhauser for a waiver for a concrete driveway located at 1507 Archer Avenue, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 8/5/2019 Prepared: 7/29/2019 REVIEWERS: Department nginec ing Clerk Office ATTACHMENTS: Description .............. SUBJECT: Submitted by: Reviewer Kn tso ., iyby, .Nancy Action Date Appro ved 7/30/20 , : P. Approve 7/3 0/. (0 Type Cover .o Resolution approving request of Mary Fankhauser for a waiver for a concrete driveway located at 1507 Archer Avenue, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: Legal Descriptions: I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3 . All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. UNPLATTED WLOO EAST N 1/2 OF THE FOL TRACT OF LAND SEC 29 T 89 R 12 COM AT APT 357.6 FT N & 123 FT E OF CENTER PT OF SEC & EXTENDING E 73 FT PAR WITH THE E & W CENTER LINE TH N 280 FT TH W 73 FT TH S 280 FT TO PL OF BEG Page 51of315 WAIVER, Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at C--"c(concrete C r asphal This waiver is needed because of: (Address) special surface texture to be used on the concrete approach (i.e., exposod aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed., to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses .for the replacement of any such textured driveway or sidewalk that has been removed for any City of 'Waterloo project. 4, To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. a To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars recording this agreement. Respectfully submitted, IY), ANC IN, 'NI A c,A Printed ame of Property Owner 7.00) for the purpose of Page 52 of 315 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 22, 2019 and date of public hearing as August 26, 2019 for the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and instruct City Clerk to publish notice. City Council Meeting: 8/5/2019 Prepared: 7/29/2019 REVIEWERS: Department ...Engineering Eng neerin Engincerin En ineem ing lEngineering Clerk Office SUBJECT: Reviewer ,,. tson.., .Ross, „ . ac .by, N . .cy Action Date cete 7/30/201, w Approve . 7 30 2019 4:57 e cte //30/2019 ` :09 .. / .proves,- 7 30 20 9 ,,,,,,, :22. IP l A.pproved 7/30/20 . i:49 P `.IC .A.ppn v d 1/31 /2 01, 9 ,,,,,,, 9 :2 6 AM Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as August 22, 2019 and date of p ub lic hearing as August 26, 2019 for the FY 2020 Sidewalk Repair Assessment Program - Zone 9, Contract No. 981, and instruct City Clerk to publish notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office. Source of Funds: Property owner assessments Background Information: ZONE 9: North City Limits — East City Limits — Independence Avenue — Walnut Street — East 4th Street — Newell Street — Highway 63 — North City Limits Page 53 of 315 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as August 19, 2019, for the sale and conveyance of City property, located at 405 Devonshire Drive, to 401 Devonshire, LLC, in the amount of $1.00, and approving a Development Agreement for the construction of a single-family home and related improvements, and authorize the City Clerk to publish notice. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Reviewer Action Date p' billing & Zoning An.' erson, N e A pprOV( d 7/.3112 Clerk Office 1,ven., llf ,eAnn .Approved 7/3 1/ ATTACHMENTS: Description D 401 Devonshire ]II: A. D 1... Devonshire legal. C era....,, �4 ac i ; Ieva,t c n N Newberry SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Type Cover over . c r o ckup %II eai Backup :1,.= Resolution setting date of public hearing as August 19, 2019, for the sale and conveyance of City property, located at 405 Devonshire Drive, to 401 Devonshire, LLC, in the amount of $1.00, and approving a Development Agreement for the construction of a single-family home and related improvements, and authorize the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval The City of Waterloo owns the property in question east of 405 Devonshire Drive that was originally acquired as part of the widening of Ans b o ro ugh Avenue. The area to be sold is not needed for road purposes, and the developer is proposing to build a home on the property. None N/A Economic Development of 22 of y s rae eco s • . ition, exce. t '' arcel " " oft e ection 33, :' , ' 13 , ity of aterloo, lac a k , Io a, as s o on t e s lat of su ey recore as oc e t 211 • -1' 1 1/4 of Page 54 of 315 Prep rer Information: Noel Anderson 715 Mulberry Street Waterloo Iowa 50703 (19) 291-4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between 401 Devonshire LLC "Developer" and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct a single-family and related improvements on property located at on Devonshire Drive in Waterloo, generally described as parcel 8913-33-427-012, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT T NOW, THEREFORE, E, 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, or cause it to be conveyed, to Developer for the sum of $1.00. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the city zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if city does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is Page 55 of 315 DEVELOPMENT El IAGREEMENT Page mutually agreeable to the parties, but in any event not less than 14 days after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will construct on the Property a single-family dwelling with attached garage, substantially in accordance with the floor plans attached hereto as Exhibit "B". The dwelling shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All 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. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer'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 Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. construction. Developer must begin construction of the Improvements within six 6 months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twelve(12) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option title to the Property shall revert to the City, but if construction is imminent the city Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines 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 Developer, the requirement that construction is to be completed by the Completion Deadline 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. Page 56 of 315 DEVELOPMENT AGREEMENT Page 3 4. Reverter of Title. In the event of any reverter of title, Developer 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, or encumbrance arising by or through Developer. Concurrently with the deed, Developer shall deliver to City the abstracts of title for Property conveyed. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney -in -Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limi e 1 purpose Developer does hereby constitute and appoint City as its attorney -in -fact. 5. Maintenance of Drainage. Developer acknowledges that drainage of the site is of utmost importance in the area. Developer agrees that, in undertaking the Project, he will not fill, improve, re-route or in any way alter the existing drainage on site without the express prior written consent of City. 5.1. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. 6. Indemnity. Developer 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, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross--collateralize the Property to support the construction of improvements on any other real estate. Page 57 of 315 DEVELOPMENT AGREEMENT Page 4 8, Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 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 Iaw, 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 Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any Iaw, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer 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 Developer. 11. No Assignment or Conveyance. Developer agrees that it wilt not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, 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 Developer under this Agreement. 12, Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer 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 Page 58 of 315 DEVELOPMENT AGREEMENT Page 5 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. 13. 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, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319- 91- 571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to Bob C. Moore, 5850 Sumrnerland Drive, Waterloo, Iowa 50701 for 401 Devonshire LLC. Delivery of notice shall be deemed to occur (0 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. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. 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. 16. Severability. 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 Page 59 of 315 DEVELOPMENT AGREEMENT Page 6 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. 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. 18. Binding Effect, This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. 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. 20. 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. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, E F, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, L O, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk c--;(1Th ob C. Moore, for4 1 Devonshire LLC Page 60 of 315 EXHIBIT"" Legal Description of Property See attached plat of survey Page 61 of 315 EXHIBIT "B" Floor Plans See attached. Page 62 of 315 ("1-4' ,rk)(--) ( 11111111111111111 11 11 Index Legend Location Description: Requestor: Proprietor: Surveyor: Surveyor Company: Lot 22, Byrnbrae Second Addition, City of Waterloo, Iowa Noel Anderson, City of Waterloo City of Waterloo William W. Castle City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Doc ID: 009579010001 Type: GEN Recorded: 06/26/2019 at 11:34:22 AM Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2019 00019609 Plat of Survey Parcel "E" of the SE 1/4, Sec. 33, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Parcel "E" Description: That portion of Lot 22, Byrnbrae Second Addition, City of Waterloo, Black Hawk County, lowa, being more particularly described as follows: Beginning at the northeast corner of said lot 22; thence South 02°04'22" East 141.51 feet along the east line of lot 22 to the southeast corner of lot 22; thence South 89'1005" West 17.44 feet along the south line of lot 22 to the northeast corner of Graceland Terrace Condominiums; thence North 01°5823" West 141.51 feet to the north line of lot 22; thence North 89°1158" East 17.19 feet along the north line of lot 22 to the point of beginning, containing 2,450 square feet. The south line of Byrnbrae Second Addition is assumed to bear North 89°10'05" East for the purpose of this description. NW 'Co, Lot 12 Fd. *4 rebar w/damaged yellow ID cap SW Cor. Lot 12 Fd. 2" open pipe Devonshire Drive 60' ROW — — — — —773,2P (N 89°1158' E 773,20)- - 697.7' (N 89°11581' E 698,25') — — — — Fd, 1" open pipe Fd. 1" pinch pipe with broken top 139' (139.81') Fd. 1" open pipe Byrnbrae 2nd Addition 20 Platted 10' Utilty Easement 139' (139. -0— (61.04') 21 Fd.1,12" bar Mout ID cap 0.8' south of line. Held for east/west postion, but replaced with #5 rebar wiblue ID cap "Iowa 19715" (57.76) N 89'11'58" E) 75.5' P (74.95') 22 Remaining Lot 22 Area: 8,405 SF 78.2' (78.48') — 695.0' P (N 89°10'05'' E 694,721)— — — — — (S 89°10'05" W) — — — — — 755,8 (N 89°10'05" E 755.76") — — — — — — — —773,2' P (N 89°10'105" E 773,20') — Graceland Terrace Condominiums Fee Book #2006 29364 Survey Notes: 1, The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel Letter "E.' assigned by the Black Hawk County Auditor's Office on June 17, 2019. 4. Surveyed area of Parcel ''E'': 2,450 SF 5. P - Platted measurement; % - Measurement per survey Fee Book #2006 29364; I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that) am a duly licensed Land Surveyor under the laws of the ate of k$a. William W. castle, PLS License Number 19715 My License Renewal Date is December 31, 201,9. Pages or sheets covered by this seal • Date g Fd. #4 rebar wlyellow ID cap "Iowa - 8033" Plat Legend: • Found Monument O Set 5/8" x 24" Reber w/Blue Cap "Iowa - 19715" IZ cut "x. in concrete, found or set (17.19') (N 89'11158" E) POB Placed "X" in FCC pavement 123.45' Record Measurement (123.45') Field Measurement (17.44') (S 89°10'05" W) 25 50 Scale: 1 inch = 50 feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: 4-24, 5-25, & 6-21-19 Date Drawn: 6-18-19 Sheet No. of 1 \)uuw o� V VV um 1 1 1 uu uuuuuuum �u�lh���u�lll (IIIIIII 4 ,,,40t 6 3 � I IIIIIIIIIIII iilil9il!' �IIN�'I��°III' iii '' �I''I��� il',lYilulv'Ilull' ��II����,III�I�", id Deeprrrr tl I,„Jllupulli III is I „„„10(„Iiii,,, VVI � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�d� (1,,,,,, j,),! ,,,0\ r fii i :,0,1,\.11\'1)1i!llili4iiifiiiii,,,,,,,,,,i( \ j,,,,,,oi\:1,?ti,\11),,r,,,,),,,,,,'!,,romii,1,10\„1\, io Ilj''')\ ),,I)")''')',"iii,\10,1)Y„1,„,i,'",',1„.ilt'illi1/4')i)1111,'ijilij',1(1° �� � � � �,w, � �"N�1p01V°°I�"�iliiliiliiiiuliliiiililililiuuuuipuuuu°,IIIIIIVUIVuV'.II, � ''���i;"' �� IIIIIIIIIIIi�ilVu�l I�m�illllllllllll 00I�I�0,00��IIIIIIIIIII�����Y�"II;viIiIIIIIV w^���i���pwV'Mgl�i��al0gl'u���pw�IV rd���Y�lil����'liuu uull�ry 11111111111111111111111111 ............................ 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Irrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr 12 1 • o FIN I III IIII III LEFT ELEVATION 3 I r �I �I I IT 1▪ 1-I LI HI -I I I I--T III I I I-, III HI I RIGHT ELEVATION I I7 I I7 I I7 I I7 I I7 I I7 I I7 I I7 I I I I I I I I I I I I I I I II 117117117 HI �I H 1I 1I REAR ELEVATION 2 `3 Page 65 of 315 111111 1111110, 11111111 1111111111 y�imgiq��llllluuugl1"111"" Iol,lly,l, I,,;I, ""'Ili ui ulullllllllllllllllllllllllllllllllll,,, II;II"""IIII'iiiiiiiiiiiiiiiiiiiiiiiilb,,, '��luuuuuuuuudl,p, JIIII� uui"Iwuuuu uuliiulVlllluullllllll Illlllllilli' 11111111111111111111111111111111 III h...1IIIIII000III1 0111111 oo00000000000000001111111111111 c11;,�;;; hg 2 Covered Patio 0I UP amily 159x 17° DN Bfst. 120x 132 K. 96x 15 Catch -All Pantr Covered Stoop 67 O-0 3a 00 2 0 Bench & Lockers Gar. 194x238 AdvancedHousePlans.com Mbr. 130x 17° 9'-0" Ceiling DN Br.3 12°x 106 Br.2 12°x 104 Bench 17-1 0 AdvancedHousePlans.com advanced io thisr plan, v red e 3 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 8/5/2019 Prepared: 7/26/2019 REVIEWERS: Department Reviewer Action Date Clerk Office i...:i. hghyy, Nancy Ap r v d " l2 6/ "( ATTACHMENTS: Description D Exhibit A SUBJECT: Submitted by: Type BackupBackur Nrial Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Page 67 of 315 EXHIBIT A Parcel Number Address Sewer Storm Garbage Sidewalk Weed Removal Weed Removal 1 8913-13-329-009 425 Charles Street $87.78 $34.23 $57.32 2 8913-14-377-004 649 W. Parker Street $120.62 $18.65 $71.23 3 8913-26-454-017 915 Leavitt Street $66.47 $15.30 $45.16 4 8912-30-107-004 132 Monroe Street $398.04 $19.25 Council Date: 8.05.19 Page 68 of 315 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Vibe, 619 Mulberry Street. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office I I igb N rR Approved 7/ l /)0 , 9 ,,,,,,, I 5,5 A SUBJECT: Cigarette/Tobacco Permit New Application for Vibe, 619 Mulberry Street. Page 69 of 315 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Locker Room Lounge, 1918 Hawthorne. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk .. nice 1 igby, N rmc Approved 7/3 I /201, 9 6 A SUBJECT: Cigarette/Tobacco Permit New Application for Locker Room Lounge, 1918 Hawthorne. Page 70 of 315 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer 1, n pin ,��,.;J ua� y l m � m n Action Date Approved 7/30/2 : 2 I ATTACHMENTS: Description Type D E:3ond. ComM c M.c va 8 5 i : ckup 'da l SUBJECT: Bonds. Page 71 of 315 BONDS FOR COUNCIL APPROVAL August 5, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA 580414 CHAD L TONEFF dba CHAD'S PLUMBING DUNKERTON, IA 55219400 DAVE SCHMITT CONSTRUCTION COMPANY INC. CEDAR RAPIDS, IA 7900442914 JOSH JEBE dba JEBE CONSTRUCTION WATERLOO, IA IA5170556 RUSSELL WEBER WATERLOO, IA 95 BA H822 5 SULEJMAN HADZIC AND BLACK HAWK CONCRETE WORKS WATERLOO, IA Page 72 of 315 CITY OF WATERLOO Council Communication 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 (theme park), located east of 2546 E. Shaulis Road. City Council Meeting: 8/5/2019 Prepared: 7/25/2019 REVIEWERS: Department Pi & Clerk Office Reviewer c,,h ro cc c r, Aric . vemm 1.,c .Ann ATTACHMENTS: Description D Council P ac et ct,u.res D Smte Plan on .Aer t, caters form Neigh (: D Public Comment nt "JIC. tic D Public Comment SUBJECT: Submitted by: Recommended Action: Summary Statement: 1 aghc Action Approved A pprove. Type Backe 13(mckuj Backup 1::a. ckup B, ckup B ac. kup a 11 �I. Date 7/3 1. /20 7/3 1. /2(0 A Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of certain property, located east of 2546 Shaulis Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by 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 (theme park) located east of 2546 East Shaulis Road. Page 73 of 315 Expenditure Required: Source of Funds: Policy Issue: None N/A Zoning, Land Use and Economic Development. The proposed use is located along US Highway 218, along Shaulis Road, and near the Casino and Lost Island Water Park and residential in c to s e 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. 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 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. 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 74 of 315 Background Information: 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, and a large lake. 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, C amp gro und, in close proximity. The zoning Ordinances requires this process to rezone and review site plan layout for a "C-P" designation. 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 corner of the facility is buffered from the Summerland neighborhood. The Planning, Programming and Zoning Commission unanimously recommended approval of the request at their July 23, 2019 meeting. Page 75 of 315 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 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 76 of 315 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 PgDg@PrYfgf 315 DEVELOPMENT HISTORY: July 23, 2019 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. BUFFERS/ Additional buffering may be required for this project at the SCREENING southeast corner of the facility. REQUIRED: DRAINAGE: A drainage plan will need to be submitted to the Engineering Department and the City of Waterloo is currently studying drainage in the area. FLOODPLAIN: 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. PUBLIC /OPEN Orange Elementary School is located 2.52 miles to the southwest, SPACES/ SCHOOLS: 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. UTILITIES: WATER, There is a 15" Sanitary Sewer Line located along the east side of SANITARY SEWER, the property, a 15" Sanitary Sewer Line located in Shaulis Road STORM SEWER, ETC: west of the site in question and a 15" private sewer line located along the east side of the property. There is also a 20" Water Main located in Shaulis Road. RELATIONSHIP TO The Future Land Use Map designates the area as Mixed COMPREHENSIVE Residential: Low, Medium, High Density Residential; Professional LAND USE PLAN: 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. STAFF ANALYSIS — The applicant is proposing to build a 159 acre outdoor recreational East of 2546 Shaulis Road —Al to CP Pdpge78fgf 315 July 23, 2019 ZONING theme park facility East of 2546 Shaulis Road across the street ORDINANCE: 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. Lorie Glover from Black Hawk County Emergency Services and Krista Billhorn from Iowa Department Of Transportation both noted about the need for a traffic study which is being proposed as part of the prjoect. Glover also asked about drainage with it being noted that there is a drainage study being done as part of the project. The Planning, Programming and Zoning Commission voted 6-0 to recommend approval of the rezone at their July 23, 2019 Special Meeting. The applicant is not planning to subdivide the property at this time. STAFF ANALYSIS — SUBDIVISION ORDINANCE: East of 2546 Shaulis Road —Al to CP PdDge79fgf 315 July 23, 2019 STAFF Therefore, staff recommends that the request by the Lost Island LC RECOMMENDATION: 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. 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 corner of the facility is buffered from the Summerland neighborhood. East of 2546 Shaulis Road —Al to CP PdDgeg6fgf 315 City of Waterloo Planning, Programming and Zoning Commission July 23, 2019 3 R-3 R-P )OK DR r- 0 m r R-1 R-2 R-2 R-1 JSINESS RD ;oc - ONo ' w� .� 01 S-1 C-P R-4 , R- P 030RETUM DR A-1 0 z C-P :ISLE OF C'so CID a§. 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Shaulis Road. Rezone from "A-1" to "C-P" Lost Island Real Estate, LLC Page 83 of 315 Page 84 of 315 1 INCH = 150 FEET Page 85 of 315 — .2 iIsfl A: FRONT GATE COMPLEX ELEVATION SCALE: 1 /16. 1 '-0" GATE CO ELEVATION 44'-0"AFG 19'-6"AFG Er-CrAFG 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 86 of 315 DESIGN GROUP 78 Ca FRONT GATE COMPLEX COLOR ELEVATION SCALE: 1/16"= 1'-0° DATE: 04.19.19 DRAWN BY: JL/MH CHECKED BY: BDR 000 214120 SHEET # DD-1 -7.1.3 9 BDR DESIGN GROUP ARIKI KIDS AREA VIGNETTE NOT TO SCALE Page 87 of 315 NOTE: VIGNETTE DEPICTS DESIGN INTENT CONCEPT ONLY. ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUC7ION. UDARA AIR KINGDOM VIGNETTE NOTTO SCALE ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 88 of 315 DESIGN GROUP UDARA AIR KINGDOM VIGNETTE SCALE: AS NOTED DATE: 03.08.19 DRAWN BY: BD/TS CHECKED BY: BDR 10B# 214120 SHEET # DD-3-0.0.2 2017 BDR DESIGN GROUP ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 89 of 315 DESIGN GROUP AWA WATER NOMADS VIGNETTE SCALE: AS NOTED DATE: 03.08.19 DRAWN BY: BD/TS CHECKED BY: BDR JOB # 214120 SHEET # DD-4-0.0.2 02017 BDR DESIGN GROUP ALL DRAWINGS & DIMENSIONS ARE FOR CONCEPTUAL DESIGN INTENT ONLY. NOT FOR CONSTRUCTION. Page 90 of 315 SCALE: AS NOTED DRAWN BY: BD/TS CHECKED BY: BDR 11111111111111111111111111111111111111111111 II 11111111111111111111111111111111VMOiO1,00ltISIViV,I,IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,,,,,,,,,,11111111111111111111111111 1 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1 111111111111.1111111.!.„ ,,,, 11/ 11 11 1 1 1111 --, MURA FIRE CLAN VIGNETTE SCALE: AS NOTED DATE: 03.08.19 DRAWN BY: BD/TS CHECKED BY: BDR JOB # 214120 SHEET 4 DD-6-0.0.2 ©2017 BDR DESIGN GROUP IIIIII Ivo1111 :ill,: IIII 111111111111 11111111111111111.. 000000011 11W1,1011 11111111 1111111111 100,11,0010 1 1000000 iN31Ald013A3C1 NDISBC] %SZ 6 I. *So•Eo • 4 IIIIIIILvIvIvIv11111111 111111111 loo 11111111111111 111111111 1111 11111111 11111111 111111111 1 1 00MM00100000001. 1!'''',IIII1IIII.I.I.I.I.J1.1.1.1.1.11,111111111111 „III II.. :1V.1.1,11A113n IIIIIIIIIIIIIIIIIIII 00.00.0001,0 11"1"1"1"1"1"1"111111111111111111111"11111111111"1"11111"I''''''''''' 11111111 ....11 „IllIS 000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000,00000000000000000000000001,00000000000000000 1100,11,1,,,,,,,11 IlloilliiilililililliilililillIlliIlliIlliIlliIlliIlliIlliIlliIlliIll 11111 1111111111111111111 11111 11111111111111111111111111 1111111111111111111111111111111111111 ono1111111111111111111111111111111111111111111111 11,11,11 Ai pliit?,'U 11111,1,111111111111111111111-1111111111111111111111111111111 , ,,,) ,„„,, iiiiiilloomooll 0IIIIIII!ii ,1 '!, v i, : i 111111111111111111111111111 • 1 1 • o :11, 1 1 1 1 1 1 V 9 I I 1 I I I 1 I 1 i 0 d 1, 1 , !,, V : II 1: ( 1 , 000,10001,111,111,111,111,111,111,111,111,11! pli,,,,, t!i:i);,)p,()if '41/) 111111, lirr 1,,,,,,,,01iiiiiIIVIIIIIIIIIIIIIIIIIIIR l'i : la ti, 4 , , 1 ,i,i° , i 1111111111111111111111111111111111 111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111 ,111111 0+11(111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111 , 1.1.00000„„1„1„0„ :111,1,1,1,1,1111111111111,1 111111111111111111111111111111 ,11111. 011;111111111111,11,11.11111,1111111111111111111;11,11111:''17''' 7/T:"'i;;;j wow. N00,00 ,Vitrigg 01011,111111111111INI; 111111111111111111,,,,,,1111, 14/72 11111 00111111i1111111gliii,111111:11110,11:1f. ritlff1111 t 11 1 .4.0.14111010,21,, Page 91 of 315 DRAWN BY: JUTS CHECKED BY: BDR JOB/ 214120 SHEET # DD-1-7.3.1 02019 BDR DESIGN GROUP 0000. 000000000000000000 0000000000,0000000 ,,,,,, ,,,,,,, ,,,,,, 1100.. Ill'I'll'oll '1'1'1 """" Ill l'''''''))1'1' „„ IN3Ad013A3C1 N IS.3C1 %0S 66 L't70 * 1 u. „„„„„„„, „,„:„ """''... ...'"'"'"''-..''''''"....'I'l'I'l'.—...I'l'I'l'I'l'''t,','!'!'!'!'!'!'!'!'!'!'!'!'!'!''!'!'!'!'!''!'!'!',,,,,,,,,,J „„„„„ „„„„„, „„, „::::::, l'hlh!hlh' L!„i!IEEI!''''''''!'i 1V1111AISCIS olound,111111,,,,, uum .............. '1,000000000000,,,,,,,,,,,,,,,,,1000000111000111,0000,1,111111111111§1111,16, z MI, 0 HIM El OH 44, ,1474,'t , 0,11,,,,,,,,,,,,,111111111IIIVIVII, LL' 6 Page 92 of 315 LLI WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 IM 400 1 INCH = 400 FEET Er Z Rr- 0 i co o co 0 de to i • P C E 0 EL co 4 Y CO Ztx 0 i vTOz ZU0. PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION & 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--T88N---R13W, Waterloo, Black Hawk County, Iowa Proprietor. Lost Island Real Estate, LC CC C IX ,:r 0 Lt! � ",` to Z r 2 0 2 L,J I. 0 0 SHEET 2 OF 2 Page 93 of 315 INDEX LEGEND General Description: Park of the NE 1/4 & the NW 1/4 of Sec. 13--T88N--R13W, Surveyor David L Scheil (#16775) Surveying Company: Wayne Claasser Engineering & Surveying, Inc. 2705 University Avenue (P.O. Box 898) Waterloo, Iowa 50704 (319)235-6294 Proprietor: Lost Island Real Estate, LC 6) 0 c D. U 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 (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, lowa, 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 09'13"W One Thousand Three Hundred Seventy—three and Seventy—nine Hundredths (1373.79) feet; thence S2T46102"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: DENOTES SECTION CORNER 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION 00,111,4 LIP1 I Ils1 f ti�4 fr�fr orrfar T�l a1 �*r * +'y�� O �. LICENSEE r. r 1677'5 " rcc 5 e r 0 IO A ` 0 ri *� y CERTIFICATION I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision end that l am a duly Licensed Land Surveyor under the laws of the State of Iowa. Signature: lea rd"r- Schell, 1e L.S. I Date -sue.' , 20 kel, License No Pages or Sheets Covered by this Seal• 2 My license renewal date is December 31, 2020 16775 'ON 31I3 S33 0 Page 94 of 315 :•xxxxx::xs>xxxrxxxxxs ryxxxxsxx::vxxscxsxxx:xxsxscxs[xxxxxxxs c':.:xxs csc...:.csxs[sx:xsxc'.':=:x.•'.0 xsTs[';:^-xTTs.'.".ex:i.'=5!�c:.::.,...�,,.�,...Y�y �..�x..n �.,...,, �.i.. �.x.��3':x=i...x......�...... • •••••";::•••• •::•.x.._v_.v..._•_...•...•........•..•r•_•_•_..__.•.•._.•.•_•..__•_...• __. 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 95 of 315 iuuu uuuuuuulm, uuuullxlll�N 111141111111111111u ft 1�1h�hd IIIIIIIIIIIIIIIIIIIIIIIIIIIII11111 IIIIIIIIIIIIIIIII111111IIIIIIIIIIIIIIII ""'°IIIInIIIIl1o11111m NN. „oliouulllllllllllllllll IIIIIII IIIIIIIIIIIIIIIIIIIII Illlulllll 14444444444444444449,1 IIIIIIIIIIII IIII IIIIIIIIIII Illlulll'l, u/ IIj/ Nn �°� � "IWIWIR'IIWI�V �u uuIP (IIIIIIIII' II I VI�u roIIN1m'hl1'�"�1' �Ntl I IVm�1 a III I �k �N IFS"' IINNHWd111, ppA xVal w�Nquq V1V II I.,�1 18'Wi" I 1 luu 'J 1 muu VV I"@MlV�uuu I 1 ,1I M ul,ll ll�� uu lluuu1u r�p��'f ry�1/ /��� i �Vo�/ dd/ pu/II uuuu%uu/uuIIuuIIuuuuIIuuI�IuuII�IIuuIIuuIIuuII1iuuIIuuIoImu/II°I/I°IuI/°IuI°/IuVu%/IIuu/IflI/�IIIIII% �II%��IIf��/�1i1I111/ u1 u/ N'm „ // I l iID ��uplIlIIIIIII� lI/IIIIIIIIIII�I IIIIII,IIIIIIIIIII441I1�111pm IIlullll/ lllllIlllIllllllllllllllllplllllllVlllllllll � 1plI Il,l� ootl I V IllIl� lIIIIlllllllwllllllllllllImi I IIIuuuul1lll�1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII1I1I1 IIII1111111IV�uII"I l 11II ',Idl �Iiiiii 11111,, %uI if„,,1/11/1„fir 1 titif,T,,,v,,,,i,„,,,,,,,,,,,,,,,„, ,,/,„,1) ,,,„„, 11,!rl '11III, III 11 llIIIIliiiiii;,„„0„IllIplllllllllllllllll�ImVV lII V �I� �1hul,uullillllVlllU11I uqIllllIIaulu'uII1V4y�1�uod t 1‘,,' I4�1IIuu u1I u'uu"mu,m� �rIl'� iilIll q IIIIuIIIII 1 IIII11�IIIII��� IIII 1111Im1 lm11lVlIII„Iu1IV111,(IIIIIa 1 i' h �I II 1 I ixuIIIVu 1 ' ", II!„:111'1luuuuuuu111 „,„1 mIIIIIIIIIIIII1III11 mll1 I "1M I1mM " I1,„ II IIIIlI!�iiiiiiV11 III, m !llVNAll11u11uuululllii1i1IVuu u111111111111111111V111111 nM I ul n�I IIVI I I II I111� Il1I1,g111 1I uV��11°Il�llnlu„+ I 1 yI!I 1 mJ / IIII uumu"'i'lU1 m� AW A U 11 " ImlMl a ullliiixluuu u11�� m � 1 uuuu1111�1 1' I Illlluu reil I MII �pn�lll 1 ,� ��IIIUIIIII��aI Ildlll 11 V ' %III al^W"q�IIIINi��^I�' III I' p" 1iiilmN i'1i1111 V i l IN 11V , „I® ii'uii uuuuuuuuu I I luuuuuuuuumumuuuu mt /IYr I m A Ia I V ,� I yxl um uuuuuuuuuu ^, uxwr + MI6 xlmpl x im I NIWVIImWMW1U',n� ..., ^� m� 1 � JY Illlllllllluuuuuuuu I I uum uuum uull I Homes across the street from park are worth the same or a little more than homes 5 to 10 blocks away. Built same time as park. 1h� II /; 11N II y 1 IIIIIIIIIIIIIIIR � � m4VIIIIII ' rylh° Ilpauhlx I �Il,wu�NVd'"�tl I �I II ,,„mliliW'I��'I'1;�ImIm�uVulp°Im I 1uV�uIIIIVIPI uuu III p1 1 11111111111111111111011 IIII'1���1� 111u1V1' lllllllnllluuM mI111rX m uuuumilmiilu 1 uo1 INndutlIIIIVIIIIIIIV 1 1 puuuuuuu I{� u�uuuuuuuuuum111 IIIII 41.',41lll 11 111111111111111111 IIIIII IIIIIIII 111111111111111111I 1IIIIIII II I III ryry IIIIIIIIIIIIIII� VY uuu o wR x111a 11Vuuuu l uuuum„' IIIN IIIIIII'xl M �uulllWlm uV�IIppIIIIV�"MM��YhI 1u � IIV puim0l ,�� fl n IIIIIII ,�M 1II1VI 111 111111111 d 1M1 I uuum " awlll � 11lllllllluli111111 1 umum 111 uV1xVm� " p 1111fluuV1�IIV�IIW, 04441114 11111111�11111II1 ell uM 1IIII uuum m q1 11°"II uuuuuuuuuuuuuuluuuuuuuutllll�� Iu �Ilil l 1111111111111111111111111111111111111111111111 >,Ir �, ,'"' mre' 111111 duim�md fl u11 111111111111111111111111111111111111111111111111111111111111111gp ( 1� 111 �u11111111 I w1 11l uutl w1 1111V1pI�I�Imllu�1�11 14V11Ifl1llllll I � l 4,hifllluNx'JI1111111II 4� III IIIddI Il III P ,'mdl} N dulmld�Mi�14uIV nl ulllumlllla r, I fat >m,lll 1 um11 II ' M' 1111111 ,I, IJ11 � u luluuVll1��� uuuulo 1'0m1dp1 u11p111iu 1 Busch Gardens Tampa, Florida Opened in 1959 M111mml umrynwlw III uuuuuuml INfklul� PSI Wp a II; y mVm'°x �'` �' IIIIII,�,u1111 IIII lilnnll, mm ul m'1�VVVmy11 �`� 111111 III i" iIII Ii1P1w�111 IIIN uuumuu m 11111Wm11111141p111 111 V" I 1 1" IIIu11, I, 1 f1,40 He�flsA��l ,d,,�M�lll l III 1 ��Ilu u u11 Vu 144, I, 444 mll I ullq a IIII' 1NI11J / uom /ff/j�//�j�f((J 1V `N� IIIIIIIIIIIIIIIIIIIIIIII,o11I I111pIIII01 dii��� w / /i /��S uxxxxxxxxxxxxl� VVU1 VVI111�IVV1 Y VV VI 1u�ll dnlllutilll111V Vlu� q V�lu � I Illlll�ul� Yt Homes next to east parking lot. Built between 1968 and 1975. Prices comparable to homes 2 to 3 miles 1 uIN11VVll I'' I 'NI III 1' V1N IIIIIIIIIII�I,� IIIIII ul Vuu IIIIII uu I m�IIIIIIVuupuuumuuum 1 1 I I I Ilur I " I ai m Nm Iddllliiill'iiii1111lllll 11 / I I�1111111111d II wMIIIIIIII 11 xIl �u 1x ��1 II 1 I1lmuum N OIV1 III�� I 1��11, 11 111 x � .wa M" xixutlll'111uulllllllllllllll 11111111111111 Im 1141111H1 uVIlllll 1111111111 44,144,1111111111111111111111111111111111111111111111111111111I...... 006 w �Y V YN,q u'I r //(7 uu+�% 11r House Built in 2002 'Ill Located across street from Roller Coaster. N1N1 u M �I I1 1111, S� 11u 4 4'1 I III Jul,In�1��9N1 m uu1 um w,°Ira 1. ' ,1 iy uu NIIV � d uuy 1a Iu x uuum, 11 1I MdllI I f iuu N *" ,1 awl I I "N4u on f ,gym I 1 oa y uuu wY f 1 II 11�1 I11 , 1,1 V 11 11,40 �'w M1 ��mu 1 1, u1111IV11 1i111 II uuuRNNwmll IIIIV101m9 IIIIIIIIIIIV11 p 10j11 u11 muu VIIIIIIII Ipl u 1 uuVllllllliirliii,11lllll m'ull 'Muuuu WA fie. ' I luau°ii1 V aVM�n IIIII '11uxm! III a IIII hl� 11 pI WIIIIW VuuouuuoudlllllllV Alm rap , Iluuu 1 � 11 1 1 'ylU M111Ipu IIII uuu 1 ,' 1uVum I1111i1i111 I 11� a III JII r 0 „ram a,l plll 11111 G N 1I111Mlx Y p�1' Cittj of Waterloo, Iowa 11111111111111111111111111111111111111111111111111111 ulgmtnl1mN,�uuuo u�IIIN 1�„ III,��1mm�� Page 96 of 315 M ul r uh IuHH,im IMm�� m11 �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 111111I,�1�I IIIIHIVIVIVIVIVIVIVIVIVIVIVIVIVIVIVIVIVIVIH'I�INllllllllllllllb IIIIIII Illllllp IIIIIII \110 1111N �IIIU I I W (IV 1 uluiui III v ✓/i ruupl IIII Illllllllllluuuuluili ull�ll 1� III I uultl l° 1m uuuuIIIIIIIIIluul�l�u�uuVl IIIIIII N uullmluuuW , ,�ul IIV JWU ulul� uuuuuMu�ui lull INuum II uluum flMllllllllllllmll MMIIIIIIIIIIIIII� mlNulu u fl Ni1imV IIIIII III Iaru IIIII Vuuu uuuuuudllll1111IIIIIV1u111111Nryjmuouuq 41I �fl 11 HI I1 � INu 4mRwuuum I I N blllll�llull�l�lm I 111111111 IVV 1 9VV V um uM�l1 111' m mu 44,1 um ;IIIIIII> p111 1 � IIx1 ,h uuull�N'1u111 III 11p 1111 1W4reloff N�1iVln ,y Airbusl/® US pl'A,"' �Sp'G"S,1Aero�pG�� Rl Illluu� I ��' IIII 111 r �Hlw� 1 10 u lul luau ' IIIII � I I m " W+E w"1,1„ ,11 1u111,11,0 q 9°,i'I„Iq,um'iiD 1, I, n'I11, II 1111 11, 1uiuIIIIV,ulyuiuuuuilVuVVuuVuuIIIIIIIIN„� m, V N�"i1s uuu 1, 1111Vh1, �� �' I�du Vgo�mnlN�Vllllllll, 111 a�llluuuN ""N,luuiil 1111111 1 m 111u, I I 'iVIIVI,1Ii,V 11111111111111V1 1,, 0 0lllllll111N11iflix1 California Great America San Jose, California Acreage has not expanded since construction. Built in 1975 ""Illlu " II wVlliiu„ IIIIIIIII 11 91N ,III i„p1 �����,,, u,upll,11 1,1 dl „�1 1 u IIIIV ul mlu uuudV,,,,, N,V, IIVUVIIIIIIIIIIIIII Vw�mNN1�W IIU II„' ��„1111 IM1 111 „ u III IVll,uuullllllll VN � w,luul 11111111 1`N� 1 hmip�Il�ppp111^„IIIIII „1111uu11111111111111111111�u„ uppllllluuuum0,luNlll 1 w1V 1u ^ uu111 1u,'IIIIlu,lvllllplllll 1 �IIIIV" Ertl NWy / 11 4,,,,,,,,4v"„um11"41Vll 1j111V ul' '�glll�rl uym,iV^ NI mmu 11111111,,IINII Nl1111 o'"IIIu1 1J wvl1,,, 111+llllillllliiiilllii�llllllumll 11 `� 4,10000000000000,0111,11 1,111 Vi1111m1u,oupu uN ,o1 1,111 1�p 11� „ 0� ,�uuuuuulNN �1i tq,,, I V Ilm IIII„ upuuuuuu111111111uuu �'„', Nhluuill 111 Igor Illlllpll M� ' 'IIYII�IiiBillllllhlh��dlllll I I Imo, W ii11 HIV"IMF, II„ ",II,Iiu1�I�1 „ 11111V y„Ih, 1 1d VVIIII�III„IIII°1i,11IIIIIIIW IIII", n ull'la'I, II11, u,u,u"u°Illlllllu 1i"1dl l'1,1u11'I,1„11„1o,�um�, 1, J1,,,1, „ °'Illlllll';"IIP^'h111110�11, mu11� p 11Illiulllli'�ii"' NI „1ra»,,,'ul„111111',11111�IIu flll �,II I� IWI, 11 IR I�ppppp;pl„I111111111�„�, 1 1, A'I�VIii'11'dllNlllll111pp,11,1, I I,,,„ I �I1 ,IIII "'�°, INluu'Iililli�l'�III�,11,1,, uII P1 li^pymluujl„ �"" lupldlllliiiilll�l y�IIV l III 1Nul„IppI I� uNN old' dlil uplllllVIIIIII;1;1III 'NIIIIlyl1ll umm 1111 11111w,Vi%IIVuuu '"' 11,1111Ilii1 "pIV,11111111 Homes seperated from theme park by St. Tomas Aquino Creek and 1 line of scrubs and trees. Approximately 300 feet. 111111111 /J, ufal// oll 11 I li�lld111111111 lillluulpu1p11111' 11 tl Iyum „11w' "" �IIIIIIIIIIIIilll'„1N I'I,,,�;;"4lilii1i11111ii,i111,� 111WIlul,,,,, 1lillll'lll'� �11m m'I ' "1 11u11 i„ III I' 1,,1! NKI„1,Iv�W 4,04 i�lllllm�', II �' Il, "1i,,,u111uu1i1111VulVl1111°111u1 II„ II�I flfl��' „,INIIIV MdiiV' IIII„%jiipl,,,",11+ uI1,u1M111d1u u, I' ' um u111NIIIIIIIIIIIIIIII I 1,, I111uuu11�ii111� 1111� uo, puuu uuuuuuuuuuum ullllllllllllulllllllllllllll tiumll0�W111 1111111umi1 ulWpppppppppu duuuulNWOV1pVl I,,,,Ilw� „wAt^ IIHI" I 1�, 1 � ��I 1V JJJiN ��/��ul 1 I 1, uuuuull �911° lira «< Homes built in 1977. Have comparable to igher values to homes to 5 miles away. „� Yw�111uu1um s 1„a ' flu° jmm uwwlll�lup,,,,,,1u�l% �1,,, II'lIVI11'V1111;u i��lllllll rrJ 1i11'ulll,'1111111 N'�"'�I li'�'�. o1i .wiu „uu � I� I"'/IIIIVIIIIIuIIIIIIIIIIIIuINllllllll',�� IIIII�I1 p�,uu�ll,l �I' 111111�Ij1 m yp '1,wdnlDdllm o ullpuuuuuimm „II111IIIIIII IIII,I IIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIN °II'111111 11,I,ill 111 II il� ID11 1 Y `1 dUlpuV1��1�u1u1 „lui"I',V1,,,,,, 1111111p lu�' Ihlpuul Iuo111111 ° p�H'NIVN,111u1 lllllllppll ""Ilud1111, 11,�N11111'lll dud 1, I I N p uuN''wN1V "III10,0llVdd 'llll',du�lllllllllll 1111i1i'1�1,%IIII IIIIII '�° °°"°"„ 'Vuuulllllll6 'lllpll i1uY 11 "; 411 1 11 I� 1u1�„ f R u �1y�uuuuuuw „ j/ J„ uVll II (11'111 MN u I ppppluaAV�� ox� it �II „m 1 �1I 1 m 1 uuuuuuuuuuuuu 1, d' 11 a"° „1i uuuum uuuuulNm 1,11 1 auu111111 ' I111 ,11V, ' 11 1111111P uuuum9�o°u pV I�1 m III^,„1uljl��dlujiilll,I'„ '1„° N11 14,00044, IIII a '� „ I iI VI'��,,, a 11I11u ,hill ill lll111 I'iN�umll111 'IIJiiVllplllu Vliiilllllll �1 wlllllllll uuW1iWI11 Iq, a �I 1 IIIIIIIIIII IIIIIIIIIIIVIIIIIIIIIIIIdI V1 u iy,,,,,1u1 IIIIINIi 1Mq 4,0 wrtr INl' ouu glllau,l „ ulquu,,,,,wllm III" 1. I�V+"11111d1d, M,,iillllllll uul 1111,1�1�,I,JIu 1il'I 119111p11 11 11�I��IIIu 4hmllmll11lllllllll1lmmll91p,11 ;,I'„,ioo,1111111'I'1i111 14 1,1N ''o' Irw IIOIIIIMP'V'�11�� Ili°� nVN' 1N', V 1' '„� III IIII 91 VI' 1119 W u Nu1M1°{W,uIIW"I ,N', �iiuuNll1 1,11,111 1';'i'1IIIVpVIII,� 1 1 1° ),I, ''II' `mlul' u uu'III11 IIIII (IIIIII luw Illil�ll 11, u� „ i ,IIII u1 �� ' Ilo„ iuuulluNl�llid i I %l umlllul_ ;,1 if Esrijl'�HERE,I4eL1lorme; Mapmyldia EsriD DigitaIGlobe, GeoEye, aw the C��"' se+r11ammo* 1 t 11uuillVuu uupllli%I^liiiiiiiili °11N 00,,,,,,,111111111111,111111111111111111111111, Iv�IA uud,' II4„„„, unnDlllll�l°um ,lull'°N'pi "111",Niud 1uu11d1011 u 111 1„10111111IIIII ^Iliilliill' IIuIV'I II' Ilu„u' '� glllll 11111111'1I 111 111u �olw1N111,I@II@@ `r I IIIIIIIIIIIIIIIIIIIIIIWIIIIIII III IIII I, ill �m )1I 1111d m 1N I' IVbr11�1,i1� pp11. w11do11 dh 1001 dVl'� Ilu1Vm 1�111 ( communty, SuVIrIIc,e" SGAerGIiD�4IGNoana Citq of Waterloo, Iowa 0 0.0129.025 0.05 0.075 Miles 94ge 97 of 315 W+E 11,111ylNllllu uuuuuuu u 11111.. ' IId� ,r 1�' � IIIIII Vuuuuuuluuuu Ill „IIII of %/'/mod i ii%FI of „ 41.1111i1° 414IIII 4"I„410 „I III tllll„ul ual 1111 ' IIII 1 IIu 1puil��ll III ,,,,,,,14,444,11411144,�%/ Po 411 dVfu1olo IWl'1111111 III p111 x Nei/d/oO 40111 I IlVli,, ,l tti„ihj1 uVVI„111V„IVV11V 1111 DIY '1111,'w' 1111' 1111111 (IIII II III 11 u111111111" 1 V quiiii� q 11„1 III uow w IIIIIIIIIIII VIIIIW' II111 ml1h 11 V IIII Ir e4z IIIIIIIIIIIII�11 rrr ,rrii, 111'1V Ih"°' 11 a 1111u,11u 11 I I uu r lul 1 w' ax 1 / ririr„or err/„G4/J%r1r, +M�w'IwwWir /r /a�i aro //e/iirorro "'/� � °/ '//'//""/// ' i// �/Oii/ �,�1pjjjD '/v lulu I II I� , upquuuuu„1"'I iVuuuplVliilllu I I I I M 1111111 ,1111 uVII111V11 IIIII"'' 111 LI�I� �w Homes Less than 150 feet from Roller Coaster Built between 1928 and 1945. Front of houses face roller coaster. pl 11 ttoot """,11111111„IV1,1IIIIIIIIIIIUVVuuuuuuuuuuuuulllllllllllm1111111' ,,r '11111ooddo Im"u1 °'"o'o 11111111J111' f it ii rr Ie r G/ ' 1 II1111Y III i /,oi0ioip////i '' u i m�uVuIIIIUVuII III dlyu� d I I I e�10'OP1 l i IIIII �W�I1 I A � V I O%% r/mrrrrTl/� �I �I Adventureland built in 1974 11.1411111111, „11 ww u^ dM'Ilwum " ���"'�,�� kJff r nWWn f «fury ��,r�fflMt�f�f�f11 , 1���' IIIIII IIII I I I ,io i,i„ oamroiov rff,wG� �) � I 1 q" 1v1„ 111„111 1 °111/�/ IIIIIIIIiil1 luul IIII�IIIIIIIIII IIluuulllluli IIII IIIIII IIII I ' uuullllll�f I'i0°illpW1111111V 11;lmgpllldlll IIIIII'IIVIVIIIIIilllliil'liiiil'Iiill � �11 "'"9IIIII11I1u " III 'lulllllllullllhlllluopll"Idpgl IJlllllllllllllluliuuul'VII IIII I11� III11 1 urN111 III 1� „ 11111 III' II „uuuull �11IIIIIII ulllllll �IIII" I"� I of �I 11'�I Iu r1' III 1111III�111' � „,II I�µ1�1'1111111 1 lllll;l111111 IIIII l1111llllll IIIII I'11'dp'do'ooloo i81111 d� � s 1 IIIIIIII III°II I II II u111Ii11'I��1 1''iluh Iu d�11„,,/y V11u, II IIu rWn 1 �I "f d /tunll"'1 J WIN g"emu IIIII II 11 dodo,' uuuuV'� "' 111111111l',I'I'11111, lIIIltl lljdo iiiiillllllllllli111111N„ Il'i 11 " III Ilg 44'lIII1411III11or 111111 IlOod011tdol1111,11o1M1IIIIi11111111' 1 1 111 A "�1I111„"V"111111 "w1 ,INI udd Y 9�PII¢flf�" Entrance to Adventureland 487 feet from US Highway 65 2000 feet from Interstate 80 N" uu'N111 11 „„IIIIIIIII1,111 lii.11,1111111111 11 iV uwwl a Iiii11uuuuuuuuuuw auuuuu q , II IIIII �a r V 1 hull IIIIII 1iu11 1 111111 riov ,"M r 1 III 1 'r��; IIII II II ry111 Ildi 114110,1 1 '1'11111`"n'71^,,,r11'iIIIIIIIII,N'4'll''it l � IIIII II II m Idul 111111111,1111111 1',u a 1u wl II V dll'1;,Ildilll111 ud1 l lu III IIII ' �u 111111I1,10;1111„Ih 1,Ill0pllllll °II 'II 111"� u„luuu uuu � 'IVI1111 uu1i11111 1uu u" �IIl �IIII A W 11111111 II II II IIII VI 1�1 u Illi'uiulllulVl10° IIII ululllll IIII'lllii'1''I '�"u ti 1l lllllll i'llll j�l' � Homes 400 Feet from camground built in 1984. Back of houses face campground. Homes 350 feet from Amplitheater and 450 feet from rides built in 1947, 1974, and 1983. Sides and backs of houses face amusement park. i0 „ u„„„„„ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII„u11 IIIIII iiiili IIIII IIIIIIIIIIII u111111 III iuul ' 1111111u111111111111111 quu uuuuwuwuu mu �r%� ' 1111111111 loolodlo'Iullllll o 1 N �wrr //,/ %f%�/%%I"iJ�Ori//r' fw, /r%olro///1r1111^111" III a / 7 %�'(Y / 1)111l`WyJJ)hwilIl�jWNiJIWI Y J I/)')/"J'Ww))�7YIl1 'Y�/ri1J1/'iJ)i1PV11u1H1N71I'/'JJYwWw,l�'iJJ`I^wlYUid➢1m'PwY�JIJIJVYlI,rI1VJ»w�rmmFMGww 11kok IIIIIIII lilt 000 �' II111„1° 111 Numll IIIIIIi i IIrN��w1�I f �t ' 1u 11' Illhuu 11IIIu Id; d,o1'1'1 u1 '°11111o)d0000ll,"I w mho 111 IIIIIIII III 1,1 "'Ill llllly u1111 LL IIIIIII I� f11u W " 11Niw YIIVI OVVW II'"uu11h I 1I1111 " Y �11 , �Iw1 N1NImI w t '�"1111111 ;11 1 ICI 111� 11 (IIIIIIIIII 11 11111 lo o oo1 1.11 VI'°y 1m ul (IIu U Imu „lu uuuum Ium 1'u a IIII um uuu 'IIII uuN 1luu"�11J IIII„ I m'Iullllluiu" 111 1 uN luu 1u1 � r111 uuumum 11 u w uw full 11101111Y.�.�.��� Y.. 04444, ItIuN111 IIIII" 1111111 IIII IIIIIIII t t*'MY Iw'wW M.woIIwl rkulplrpld 9 dtoo,MryN m II�VIrV�iii'iNiirl'o' 111�1 +uuuul u IIIwl M „�i ,��9wlmw 1114411 Wulf 1C" ii11 1o11IIIIjlllul d011odo„IIIIIIII,iIuil';u1'IIIIIIIIII Im�1utlllldlp 1 000l"1 HI lii llllulldll I IP' Id 111'IRIO;ualll �� lllllulllll"' III w ulilldiu„i1 I'j°:w 10 °„ pll'uuuuj 1�1IIII m`r I1u111o1V1 1➢ 1MXit d 'aw'^M ilp d'hi�G u11 R� � ""IIII0111'N�1 'I'�„ Ili � II IllUlll „11 �'� 1 0 - ' Esri mlo o,IIIIGN;'°'andllthe 1�11m I' 1 11111I111111 1111111 IIIIIIIIIII (IIIIIIIIIIII II1111N,111p,1111 II „rr;ll�y III' I 1� Bill lll11°i„^u uu h,1111II111111III�II11111I111I1ry1u1„lu II 41011111114 ,11" gf i uuu�ulry 11 i1i fWn11 iu Vim" ul IIWII 1 ram^ uuumu „IVuuuuViV�ul " y �r I1Ip Y 'upmmi�l "' 9 1 r"�'i1y., M, M M `Y �'" I 1 uuiiiipuu EMI A 1IIIV'I�ui' J'�IiI� ui� lu rrrr� IIIIIIIIIIIIII IIU �w,. i ` uulllllll II �I i 11I�wr�d ' WnII '"' Wmi ull qwq ul WH IUI Vouuum lu � I �' nn Mllupl ' W III I I IV 1� 1111 ,V, � I °U"I� �k "luuupuuu 111 1�Nliiiii 'M Y Ip'1 '"'i"� EMI I� IV w 1 „1 �uuu1 W II�Vluuuil 1N i I� pJ IIu i111o111011il m' 1 Illn I' , um uu Eartlistar'G1leogr�aph ONES�Airb �Irlrlr IIIrIllllr „rr II iA lilIIIIIII'rylllil'pl lllllii„l'A'(hill,loafI�biINIiMV;ti'I1;olooIIIIIIpIIII"IIoVIWIIII',II�VI oIlull lll'lllllllll r d r° uu1u11i 1 I uo,' '011111, uuuuuu1111lb 1lduuuu11111iiiiiu1,11,11,111iull11111 Ilylll IIII „1,1, 1111111111 11111 1 IUIUVllu1 Q1IIi11"1 1 1111 1 � M " IIII III III VIu1w0110 „111111d M 1111 1,1II'I1�IIIIIII0 �I'„o' r 1IIVW'I „ lur' 1 wM II u11' y'„ I�11111111 II llo II'uu � I � I' I�lllllillll 1 ^mpll'' IIP dI"I, ,d,00dudl4,/oo umluull 'l,lll u� IIIIIIIIIIII�I IIII 9 �' „i' I II III IIIII 14111 u l ���. pVVu1Vu 'III Ipi '1 '�I I IIII �111I'iiN d111�' 11„uI t� � °IIIII Illllluullllllllll 1,111,001001 1 'milli 1iII'I r „II ' uulu 41''1 Ip11 " 11lr il° IIIII M �� I wwrr �I I IIIIIIloIrl"NII II'IIIIIIII�ru� III II V'I.wl u1Ilml ll ,1111144 I1111� III III I I � 1 � u1' I I �1mlmutl ° I 1111111111111, ' �' d 1N ' „','Q 1111,, 11Vuu111,11u'I,1 1100' Cthj of Waterloo, Iowa Miles 0 0.0425).085 0.17 0.255 0.3�,age 98 of 315 W+E 1 PLICATION FO REZO 1 G CITY OF WATERLOO PLANNING, PROGPJ ZONING COMMISSION WATERLOO, IOWA 319291.4366 ) L APPLICATION INFOPMMON: a. Applicant's name (please print): Lost s1nd_ Real Etate, LC Address: 2225 L Shaulis Rd. Phone: 31 el IN Fax: City: 19.4t erl.00 State: IA Zip : 5 0 101 b. Status of applicant: (a) Owner X (b) Other (CHECK ONE): If other c. Property ownerTs na Address: 11 e if different than above (please print): Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: 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):3 460 t x2580 t 1 2 d. Area of Proposed Zoning Boundary Excius g Right of Way): 159 Acres e. Current zoning: 1 Re aluested zoning: C—P Commercial f. Reason(s) for rezoning and proposed u (s) ofproperty: Commercial development 3 00 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 oroperty, the situ 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 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). Ti's fee is non-refundable. Under no condition shall said s *'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 baok through the process, with a new filing fee. if the request is denied no ew petition cowling the san e 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 Planning, Programming, and Zoning COMPTISSIL011 and the Waterloo City Council in making their decision. The imdersi i ed authorize City- Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Owner Date Page 99 of 315 Lost Island Pictures i IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIdlllllululld"11"" iiii'iiiii,1l1,,;; uu 11111, ;i1lil1,lllll,1,11' ' Illie lidj'pl,"'uwu I illul Looking southwest from E. Shaulis Road along the existing Sink Creek drainage way. 9Pv' le"IV"1lllyil'uill11"hll,,:li,""1"" Looking southwest from E. Shaulis Road. I IIIIIIYIIiiiiiiiiiiilVilillllllllllllllllllllll,Ill,1,lllllll,Ill�llllllllllllllllllllllllllllllllllll�llllllllllllllllllllllllllll +9!UIII191 Ildllldldllllllllllll�llil�lllllllllllllllllllllplll(I Looking south from E. Shaulis Road. muuuuuulllll luu„lii;ldllllllm uuuuglllllllllllllllllllllllpuuuuuulllllluupuuuuuuuu Looking south from E. Shaulis Road toward the Summerland Community. iIIIIIIUIIIIIIIII,!ploumoluuuolollr,�p�,,,, y„ V � 111IIIIIIIIiIIIIIIIII I L jliiilllpllllllllllllllp m Yu ' t '„ ''I Page 100 of 315 ''IIIIIi Ili IIIII"Iu 1191111uuuIlll' 10111I1111111 IIII i1 i V1,1���P° IIIII "i1111, 1111 11ulollid1,111 ,1 uuullllwl°'Iuui�liIIIIPIIIIIIIIIIIII r r,/ Gr% m > ,„,,r% GJRPrb owul ' IIIIII ' Iloull111111u "11 I I luu 111 II mull lllouolulVullttll 1IIIIiuIlllll VI Iu I��I Ili Poo f IIIIIIII IIIII) I II1,III "Illll�°1I1IIIl1l1II m111111111111llloIiIiIiIiIiIiIiuIIuuIImIIIp"uIImII1 1 1111 V IIIIIIwIIIIIp1111111"o 1 __,r.....m,IIIIIIlII111 9lI 1 I;IIIllilllil llillplld'j lil l l lllll111,111111111111111111111111111 w' ' IlPp � I Iltl IIII Iuu uu6iiu VI'�III � (IIIIIIII""IIIIIII IIIIII II � uu IIII IIIII I,.I III oIV'IIII"' I'iliilil°i IIIIIII'IIIIIIjIioP uulV 11'u lllouuw uuull °IIII IIII'III'II1Illlimi11111.111.1.1,llllll111111 lu'II uu uuuuu u1' ����� � Ii�l11uu1il' " IIII IIIIIIII,,,11 IIIIIII Looking east along E. Shaulis Road. IIIIIII IIIIIIII VI%Ilovuu "IVIIII� �I�N uu II n111111IIIIIIIIIIWIVVIIIImp 111,111110 IIIII IIIIII I 001 uu° IIIIIII Mi ...,...,.IIIIIIII Ipi�VItt1illlull�u'„Iliilol1Ii"If u I11111 i Illlllp 01111111111111111111111111111111111111111101111111111111 Looking south toward Capri Casino. y000000000 l 01 II u�^i�dumulImV f ��II(���II�Nmu i �I� iIYR' o � IIIII11 I Vu i11IIIIiII`,'�IIII uuu / / �/ ///O/ rri r /ir % r I�UJ�7N�1��mwy�y�yyr✓�rar��J op,/ /////�� �j/�/, �jiJ�W�yJ�/Ili //%� /% / �r�i// //� %/ /rrr !IIII / r rr / / r r ri rr riioirrur o ,,ri//�%/ % ' ini r/r/rr/olr/%!oi, %� ��/// � o/ ///rr;,, ,r rrr /r/ ���//%rrrj //l/ll/ilrr,/ ,, , ra r / ,/ ofrrd%irr f///r/%//////, // j oon/o/ir %/i IIIIIIII111 11111 IIII I deA Looking west along E. Shaulis Road toward Lost Island Water Park. ���� IIIII IIIII ��6i IIIIIIIMIII 11 uli;^u' Iu �fJj// � wuumo I� i it i I VI /Oi "'IIN IIIIIII IIIIIIII ��i '/ r 11111111,,�/p///fir IIIIII�IIIIIIIIIIIIIIIIII III IIIIIIIIIIIIIII II�V"IIIIIIIII'I ,� / r illlllllllllll �� nil IIIIIIIIIIIII IIIIIuu111uu Np IIVIIII VI ,r/�r��/ � r�/r � I I^ i�Nhw�i IIIIIIIUIIIIIIIIIIIIIII�IIIIV II �41 i�u N I IuJw II ai ppoiy���11IINN II ��(� � u�uuuuuluuuuw'u1�11 , uuul�luum IIIWIIIIIIIIIIIuuuuuuu"V'I/gym 1II, �I��IIttIII1;IIII l, IIIIIIIIIIIIIuII I u �IlluV11 IIIIII I„ Vul�l uulil luau w ,III1M II u,„,1IIII,'lll 1,111 niAr m1NGN IIIIII�IIII�I vL 1 I III dlllli 1 IIr II ail/ r' r; a IIIIIIImm IIII'I�IIIIII�IIIIIIIIIIIIIvoII�IIIIWIII dU,�D/Od/r/oIOO�,rvr�ewomnn��na�wid%/1!r rr/a✓r,(yNjf i�/OI Uy���� �rlly m�; ',rii1 /! 1/1/Ll uuu 1,.YIIIIIIII 1Ol'/P ripeppi o�/, 1p/%o/r�iaaa/,i�/a000rr rr,r„%lr'�orj,�rryr�l;�s;�o.s�rXvrrmyy�fi rG!,/a��rr % /m 1�/liiiov r rr /O/%/////r aii' r rir i% p /;;;/ aril ar %rrr 11 IIII�IIIII�IIII�Igp Iili IIIII „ ' /`/�%/ ��Jl///% ra!/f/�/eGrt�' III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,�IIIIIIIIIIIIIIIIIII I��IIII��� � ' 'Ill�uuuui iliiiil pIIllIIIo Looking west along E. Shaulis Road toward Lost Island Water Park and Hess Road. Page 101 of 315 III �IIIIII'' r,,;,, ,rrrrraraaa I 1111 ilia ' 11 ul0l'°IIIIIIIIIII II IIIIIIIIIIII Iu111lllllVVllllllllllllllYl�lllllll�llllll„IIII�° II iiiipVlll iIIIIIIIpI IVVi',ili �Vii IIiV "I� IIIIIIIIIIIIIIIIIIIIIIIIIIII� IIIIIIIII�iiiiii'�il. ww�ililplM;lli yuuVomu�uum�i�lupull����� II�Vluu 'llll'i11 ,^'u 'i il.� ���,;:,IV'I,iii ���wu11'1' ii':,""�"'""" M I i1"ll11,l�!� i. I f N �°"iiIIII��N' � i H' � ' I.. ' 'I a ��wi I TII�jIIIIV I Looking along Hess Road at Bamboo Ridge Campground. III '1I1I11 p1°I" iIioll��ludI'III'�Ilnillllliu1 '',,,I, II ° ���Mw1411"P�WIIII Looking from Summerland Condos toward the proposed site. The nearest home is 275 feet from the lot line. Looking toward the proposed theme park from Summerland Drive which is 750 feet from the corner of the proposed facility. 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'tTACiLEYtiRa„°m Y" a �u Vullumul 1Vf 1 w� Vd 1 "I I N °IIIIII 111 d "I II IIII U [ IV 111 " 1q 1 ,µ11u1 1'� M' 1m/gn'IW!' 11 y1lw a' „III1111 QQ �INI�� ' j IVII I/ pC IIIiDM "I 1111V..Ili I,N III I"41a11111 ;'VVuul1 I V�nnl �I `1Vm I'JI�uu111 III imN�m"«n,k#�11' ,,'IV�111�i IIVNuImIm'4�iuduPu d I � u" � I111 u111 '� +w w,nlnlnn � ET D�, wuuull v1� , IIII�lu1 ,,11 111� 1 11N1 1 I"Iv1W V N 11 j11 1 Ill" 1 11 , YI°y am IV IIII u 1 IIIIui,V �I' u' I°NNh � �I AD ENNE MILLER Subject: FAN: Dave MorrowTheme Park 11 From: DAVID MORROW@deriso-diam.co [mailto:DAV D MORROW Aenso-diamicom Sent: Tuesday, July 23, 2019 12:12 PM To: ADRIENNE MILLER Subject: RE: Dave Morrow Question Adrienne, thank you for the information. We can not make the meeting this afternoon. May 1 ask that you convey our concerns for noise and the other commotion that accompanies such a de development. We are not trying to stop the development but eith our land so close are concerned about what this will do to a quality of life and property values. Thanks. Dave Sent from IBM Verse ADRIENNE MILLER RE: Dave orro u Aion Page 104 of 315 ARIL SCHROEDER From: Sent: To: Cc: ARIC SCHROEDER Tuesday, July 23, 2019 11:46 AM l 'Rene Tietz' CHRIS WESTERN; TJJ11 ANDERA; ADRIENNE MILLER; JOHN DORNOFF; OFF; SETH I YBERGER; PATTIE MAGEE; NOEL ANDERSON Subject: RE: 5915 Summerland Dr. Waterloo Attachments: Notice.pdf; PZ Call Sheetidoc Rene, We will pass along your request to "buffer" the southeast corner of Smrnerland to the Planning and Zoning Commission. The farmland directly north of you, and east of the proposed theme park is owned by Mary Kiefer, and i am not aware of any plans other than to continue farming it That area is zoned "A--l" Agricultural District, and there has been no request to rezone that area. When land is requested to be rezoned, the Zoning Ordinance requires a notice to properties within 250 feet of the proposed rezone boundary. Your property, at its closest point, is over 650 feet away from the rezone area. A notice was mailed to the Summerland Farms Homeowners Association. Attached is a copy of the notice letter, map, and list of who received the notice. The second attachment is the call sheet for the Commission members. You are welcome to call them, but they will be limited in what they can respond. They are prohibited from engaging in what is considered an "ex parte" communication where they are tallying about a request that will come before them outside of the public format in which they are to make their determination. Let me know if you have any additional questions. Thanks, ARJC A4 SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4366 Fax: (319) 291-4262 W .cl.Waterlao.la.Us_ From: Rene Tietz [rnailtomene222.000@yahoo.com] Seat: Tuesday, July 23, 2019 11:13 AM To: ARIC SCHROEDER; CHRIS WESTERN; TIM ANDERA; ADRIENNE MILLER; JOHN DORNOFF; SETH HYBERGER; PATTIE MAGEE Subject: Fwd: 5915 Summerland Dr. Waterloo 1 32 Page 105 of 315 Sent from my iPhone Begin forwardedmessage: From: Rene Tietz nee 00 c@yahoo.corn Date: July 21, 2019 at 10:09: 4 PM MDT To: Noel Anderson <noel.anderson@waterloo-ia.org Subject: 5915 Summerland Dr. Waterloo My husband and f would like to see a plan to "buffer" the southeast comer of Summeriand, as our property is the one pictured 750 ft. from this development and the other properties closest are only rectal units. What are the plans for the farmland North of our property? Our main concern at this time is whether you will be rezoning this area for a hotel or something similar. In which case the entire appeal of our lot will cease to exist. The noise and light pollution of a theme park alone in our backyard in the summer doesn't help. There may be trees there now but they lose their leaves in the Fall, will we be staring at parking lot and roller coasters after summer is over? We would like to be at your meefing but with such short notice we are away on a planned vacation. Z was under the impression when adjacent land is being rezoned in usually notified somehow. What are the actual rules about this? Finally, what is the contact information for all the voting members Zoning Commission? Jeremy and Rene Tietz 5 915 Summeriand Dr. Waterloo, IA 50701 Jeremy: 19-2 9- 53 Rene: 319-239-6699 2 a city, affected parties are of the Planning, Programming 3E 33 1 Page 106 of 315 Dear Mayor and City Council members of Waterloo, Iowa. am currently a Summerland Home Owners Association board member. I am writing you with concerns over the proposed Lost Island Amusement Park being discussed for approval. It comes with great excitement and agreement on the positive note this project brings for the City of Waterloo and its residents. I have had conversations with many of the HOA residents and have reviewed the plans provided to the Planning and Zoning Board. Many residents are left with unanswered questions and concerns of noise and sight of this park being placed in their back yards. There has been conversation at the Planning and Zoning meeting about proper wording for "Buffering". No one seems to understand what "Buffering" means. It is in the best interest of Summerland neighborhood as citizens of Waterloo to be fully considered in the noise and sight impact this park will create close to our homes. I understand from most of the residents that we welcome such a park, but would expect serious representation from our elected officials concerning the noise and sight of the proposed facility. I respectfully request your due diligence with our concerns. Please feel free to contact me for any questions you may have. Thank You, Troy Luck 5562 Summerland Drive Waterloo, Iowa 50701 (319) 415-3753 Page 107 of 315 LE►! EVEN From: Kendra Wyatt Sent: Monday, August 05, 2019 3:17 PM To: KELLEY FEL I LE; LEANN EVEN Subject: FW: There Park development From: Mark Gallagher <ccbaseballcoach@grnail.com Sent: Monday, August 5, 2019 2:41 PM To: Sharon Juon aron.Juon WATERL00-IA.OR ; Steve Schmitt to e. chritt@WATERLOO-IA.OR ; Margaret Klein Margaret.I leis WATERLOO--IA.OR ; Bruce Jacobs Bruce.Jacobs@WATERL00-IA.OR ; Pat Morrissey Pat.Morrissev@ ATERL00-IA.O ; Jerome Amos Jr Jerome.Amos WATERL00-IA.OR ; Ray Feuss Ray. Fe uss @WATERLOO- IA.O R Cc: Kendra Wyatt endra. Myatt@WATERLOO-rA.OR ; NOEL ANDERSON NOEL.ANDER ON@WATERLOO-IA.OR Subject: Theme Park development Honorable Mayor and City Council members, In my position within the City of Waterloo I do not believe it would be appropriate for me to discuss the proposed development of a theme park in south Waterloo at a City Council meeting. In my profession 1 appreciate as much as anyone, the combination of a great quality of life enhancement as well as a positive increase in our• tax base. I am not coming to you to oppose this development, but rather to ask for some empathy in regards to your voting as the project moves along. My wife and l made the conscious decision when we last moved to remain in Waterloo. We are both Waterloo people and dang proud of it! We purchased what we believed to be our final home (until she puts me in a nursing home :) ! We reside at 1963 Winston Place. We purchased this home for numerous reasons, most of all for the quiet neighborhood. Lost Island has been a great neighbor, both of our sons have had season passes to the Park for years. Fortunately Lost Island closes daily at 6:30 and operates for a little less than three months. The new theme park will be a different animal. Open late on the weekends, significantly larger vehicle loads, and a much longer operating season. I understand that the train is on the proverbial tracks at this point, just as I said before my family is simply asking for sincere empathy as various votes come before you. What can be done to limit potential negative effects on the nearby neighborhoods? Imagine yourself living in the houses within my neighborhood, or for even more effect, the houses in the Summerland addition. When we host a BBQ on a summer evening we will have the constant screams from roller coasters and various noises associated with the rides. How often will fireworks be launched from the park as well? How long until concerts occur late in the evenings on the weekends? How soon does Shaulis to the west or Hess Road become even more of a speedway than it is already? I know there is talk of noise buffering in the development agreement, but is this even a measurable item? I implore you that each and every time this item comes before please try to put yourself in the shoes of someone that made a very real investment in Waterloo when purchasing a home in an adjoining neighborhood. Think of other amusement parks you have visited with your family. Were there homes this close? What were the property values of these homes? In closing, I think it is amazing that the Bertch family wants to step up and do this for our community and I'm sure my family will be frequent visitors. All I ask of you is to consider --if this park was locating a 1/2 mile from my home what assurances would I want that A) Elected officials are going to look out for your family's quality of life? B) What would this development do the value of you home? I appreciate that developments like these are truly a gift to our city, again all my family is asking for is the same consideration your family would ask for if this was landing in your back yard. Page 108 of 315 Thank you for your time, Mark, Sara, Carter and Gavin Gallagher 2 Page 109 of 315 CITY OF WATERLOO Council Communication 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. City Council Meeting: 8/5/2019 Prepared: 7/24/2019 REVIEWERS: Department P cr perk O f t me e Reviewer Schroeder, er, .A is 1..,e/\.inn ATTACHMENTS: Description D St Aff R eport D Overview ew �p D A,_eria _ _ ap D .A.pplhcat;ion . D j) ictures D Develop ent A ,,,, r4eer emm� SUBJECT: Submitted by: Recommended Action: Action Approved ved AJPProve Type B a c k u 1: rcku Backup 1: ,kup Backup al c.kup ia1II Date 7/3 /2 0 7/3 1 /2:. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution authorizing sale and conveyance of a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a utility easement over, under and upon a portion of Fairview Avenue, to Reg Drew Investments, LLC, in the amount of $1.00, and authorize the Mayor to execute said documents. Resolution approving a Development Agreement with Reg Drew Investments, LLC, for the property located at 139 Clark Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval with the retention of a utility easement over, under and upon the Page 110 of 315 Summary Statement: portion of Fairview Avenue located south of Clark Street. Transmitted is a 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 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 vacate: 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 Page 111 of 315 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 112 of 315 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 July 2, 2019 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 Pgge f1313 of 315 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 July 2, 2019 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 Pgeg2eof1314 of 315 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 IPggef1315of315 City of Waterloo Planning, Programming and Zoning Commission June 6, 2017 JOSEPHINE ST. 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iuuumuu 01111111111111 II m'Ipli1 000111111111111111111111111111101011111110 IIIIIIIIIIVVIIMII l V,1,0 VIII m uuuuuuumuuuumlulllllluuuuum u 1 V I 1 1 uuuum ll 1 l u ul VII (IIII IM u l ^III�4uuuul1mll II I, 1 M 11, 1 I ��^ ml I °j um IIIWIu pll uuuuuul) 1 VIIIIIIIII uudNMIi1uuum a , muu � um �uuuul V11U 111111111111M1tlW 111 uuuuulll°°Iml 1 nu" mu uu IIIIIIIIIIIIIIIIIIIIIIIIIII11111111 IIIIIIII 1 IIIIIIII IIIIIIIIII 14 III VI 1 1 uuulumllll 11 1muuuu1111 ullllllmmul III III 1111 u1N11111111 01 II 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 III 111111111111010 IIIIII uuul IMIIIII I ulVfuuu 11,101111111111111111111p M Wl1llll IW uu W 'I IIIIIMIIII�Q �NMIIIU� � �I Y� III Iuuuul�Mii �� ,14uuulll,�w I � nm , r II I um ulMl�u1111111111111 uu Ira 1 (I n J 1 V W � IIIIIIIIIIIII 11 1„ulll �I1111I1u 111 1 I �mIM Iltl , IIu uVlll1hlho Irc tt iuuuuuuuuuuuuuuuuuuuuuuu uu�OVluuuuiuuuuuuuuuuuul^i�M"iWY" Vllllllulm " �'I I � "' ' IIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIiVp111M� uum) ° m iiii111111111111 ^ � I„IIIIIIIIIIIIIII111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�WIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111uuII1111111111111111111111111IMM°M� Vu Mi I uuuW ) m uuu IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�0,I IIIIII uuuuum 111 uuu 111111111 1 ql 11 11111111111111111 11 111 V11111 11 M 1111 WI�n111iiiiiiiiii�11iiiiii111 III 11�uuuuuuuum uuuu Ira uuuuu�IWIN'M'M'WNJ''M'N uu uuuuu uuuuum�uum �1m uuuu u W II " III�II1� i 111muu I uuuuu 11 100 50 0 100 Feet 139 Clark Street Vacate Request Reg Drew Investments, LLC Page 117 of 315 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 2 1- 366 Offer to Vacate and Purchase City Right -of -Way LI Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement LI Sale of City -Owned Property Applicant: RiiUjAddress:(1 � �J.4- Phone No.: � 232 2c) 1,5* j cf General Description of Property to Vacated i.e.- alleybetween A St. B St., Southf 0 3 z-7 - of St.): Legal description of area to be conveyed, vacated, or encroached: 1. 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 ( i 7 .00) Filing Fee • Basement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) 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 ($100.00) 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 (8 yrs inside of the CURA): : • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: (00 Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must 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 trust 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 be vacated if the request involves additional construction s the reason for the request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 9 -26 c.? fY3£'fl/_iS'1Y.\\/l.S.\V\GL'.YSYkk YfdY:.x xKY:W')4^2Yd%.�13554xY_^.2Y�(fififfffffffif�`.iiiii<2faYn1S1S1S1SiYfaSlf3E3t*_\' �k.009},Q;;>yw� Page 118 of 315 Nall^ d1 uluplW � M'''11iPlaw II IIIII 1,11 II 11111 Vacate Request —Adjacent to 139 Clark Street ��11�11%%rG%aa III ' 1I111Uu111111 1111111 11 l , p1I11um;11mi w uuul°m1IIII IIulll11111.11llmlmlm,1m1,mmm milml m1 IIII uuuuu 11 uu1111 11111111 �, 1Vu1u„IIII III' it 1 J1JJJ'�' l ff'��; �ir/1 rfJ, ai r/////„//%arrrrrrrtif//// 1VIII Illllry�ull ��llll 11 11 17 N°mll I IIVI ��� IIII muu u1111)li°IIII 1 , ilui11o11 � N f ^ ^ ^^ MM^^ �IIIIIIIIIiiI�II�I11Il11111111i1111Ii�II1iIIIVuuIIIII1�IIIIIVuVVlllllull Il lu � I u,,�1l��IWuuNlllll 11111 l II 1111111 II 11111u1 II u IIII111"1I W'iIIVI III IIIIIV IIIIIIIIII III IIIII lul lull)) I um1 VV1 lu 111III IIII 1111IIIIII1111II111uuuuuuullluu IIII u b I III Im luul'MIMuVI IVI 1 I VNIII I IVIIII IIIII 1I II IIIIII I1�11'N,11,"III IIIIII yliil�1I�111 11 IWINIII 1 II11111111�1111111 Idl IIIIIIII IIIIUUD�A „11 I IIIIIIIIIIIIIIIIIIIIIIIIIhl6l I1ININIIuuulluul1;111 Id ull lldllool,tlo„ IIIII61n'MII"I�I1II�'1 11111uu11111111d11i11'1I^IIII IIIIIIIIII lul IIIIIIIIIIIIIIIIIIIIIIIN IIIIIIII VIIIIIV MNVdMINlllllllllld 11I111 I II1111 111u o111 111 1 IIIIIIIIII 11 11111111 I� IIII 111111111111�1�1�1M1INII�III III IINI1 I I 11m 11 IIIII I I I111111 pp Ilulllpuuuuudll IIIIII lu° II p 1111ii1lii 1 lu 1 'I �o IIV" a 111 1111111111111111111111111111111,11111111111111 IVIIII III "I1 ally III IIIIIIIIII 1I"II1111111IVolll I11 NVMMiVuuNiiNllllllll �I� �� IIII 1 1 � II I IIIII "III V ' mill' I IIIII �� 11111111 IIIIIIII�11 A� IIIIIIIVumIIIIIIINI mill 1 � uuuuuul) II 1 I�liiilll � N I � I IIIII � m IIIIIIIIIV�III �I "1111111111111 III III 1u111 I0I 1111111111111111111111111111111 Looking to the east of 139 Clark Street at an alley that is requested to be vacated. %%/ 11///////Ill°,/ / /iyao, i�irrooy/ I �� III 1Vql 11111111!1,1IIIIIMMIIMIII II III IIIIIIII INglllln',Nq III 1.1I 111 u 1 I11I^111111,1 IN Ih. �61�w.M�rdVla II�iMIIIIhM .,I I I voololooiy0000 1111111111I�91I41II �I Looking west down Clark Street. II 11,1,111 1111111,11 CMS I11II 11 l III Ill ll�i�l a 1 I �11I I 1 1jl°1luiidl IIIII IIIi1y11II1uiIIiIVuuuIlVl�'IIIIIIII' IIIIIIIII�IIII� II II IIII IIIIIIIuuuu11111111111111 1 1 Y IIII uo d1111 ml I u hd" 1411iuuI I' 1' IIIII I' 11 11u1111 l 1 I 1I 1 u 1 111 1 4h 1 IVIIII awl II 11 11IIIIIIII11ll lll'llpluull'lieu°1 (IIIIIIII ilmuuuuu uuVuuuuduiuuuuuuuulln'IuulumuuuuuuuuuuuVUVuutllppl111Oh III um uu1 a IW V00uuuuIIIIIIIIIIIIIIIIIIII ulll�lllllllllll lullllllll a nn ouuliuuiilluu1uu,101.1IIIVIIII,1,111llll�lllII111111IIIIIIII1IUIIIl1111111111 m1u l" m III, Ilim IpmllV "uVuumumu h1l,l"Vaal)' I IIII IIII Ijllull 4 ,I llil,lirll i�WldiuV II Inlllllry�mhn, i uIllVuluullllllu uVaW�ililuew�l imluumuf VVIII 11 I 04 IIII„ I III I 1i�ll IuVIIIIi11'm'mlumuuuuullllll ul III 1 IIVI I�II'uuuuumul u 1 ud1 IIIII II ' IIIII 1 Intl uu1 mud ' udVl1111 IINIII�I�IIIIIV I VQ1111 ui' II IIIIIVI ° dull IIIIIIIIII I II IIIII I1 lull III II 11 III 1u111 q �� u 1 u I.11"I.a,.�V'IuuVllumlu Ilu1m� �III'ul 1I1il ulll mIIIV lu 11 I�1uI I,IW uVI11111 III1111du1uuuVVuua IIIIIluuulill111111;11III111 , „I I111n IIIII"IVIIII M Ilw IIIII IpIP1111 ICI I I I I II IMIMIIIIIII IIIIIIII MUIV1MI II'NN�VI II� ... illllllllllllllllllllllllll ry y I �Illlllluu"'iitlitl 1/,?1,11111.11/1 1 �u d�l l "IllddlllllllVlp 111 1 111I11111y III ou IIIuulllmiVlullillugiilijiiijlill I'll III11VVUVIIIumii�uVllll uVllllllll 1119IIIII11111III Moll,„)) I�IIMIIMIuuIVM IIIIIIIIIIIIIII IIIIIIIIIIIII Looking southeast towards a portion of Fairview Avenue requested to be vacated. I�'��11�IV�IIIIIII II����I�III �1' IIII , oP �ullliN,IJ ,1idlY1n I IMo I I IIIi1II1,II,I11111111'IIII�1I11 111111.111111111111111 upuu 1 ^Ili IwYrJI l4gqI ^III1Y1'111 dIIIV� 'W' ��Iu, ,,,, VI,II,IIip �1II�1 �11�I IIII�IIIIIwIUnIllIlIllI I�,ulI6lIl( Ru ,J(IIIIeml I IIIIII' IIuI111u1° uuuu iuii1I tl �III II Illll'l(iiI) II ''II'Vyluu1u11lp1 1l�ld II'gII fl1ll1I� 11 1llllI"lliIi�i'Illi,1l1d1 1�I1111iM�iIiIIIhII'IVII11III11VVliI1I1II'II I1,I1 IIIYl1�I� 1lI1Il^I1u1I l,11lI II1I uMII1 11 IIIII7:1IIIIl ;U(IIIII,lll10,11VuIII1I1 III oir1 m14 V, of y/iri ii t/i Looking at the alley to the south of 118 Clark Street that is requested to be vacated. ' uIIIIII�uI"VII Vo�1111V111 44, Page 119 of 315 Prepared by Noel Anderson, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 2 1-43 DEVELOPMENT AGREEM ENT This Development Agreement (the "Agreement") is entered into as of , 2013 by and between Drew Reg Investments LLC (the "Company") and the City of Waterloo, Iowa (the "City'). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct buildings and related improvements on property 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 EEMENT 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 120 of 315 a 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 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 0 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 (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 within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 2 Page 121 of 315 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 3 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. CompanVs 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 financeCompany'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 wilt 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 shall be fixed for assessment purposes, below the amount of $100,340 (the "Minimum Actual Value"), through: 3 Page 122 of 315 (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 "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 its 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 123 of 315 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 13-day period is subject to reverter of title, revocation, repayment or otherappropriate 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 its 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 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 1913 Upton Avenue, Waterloo, Iowa 50701, facsimile number 319- , Attention: Craig Lindsey. 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 5 Page 124 of 315 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. 0 Page 125 of 315 IN WITNESS WHEREOF, the parties have executed this Development elopment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 7 Page 126 of 315 CITY OF WATERLOO, IOWA Drew Reg Investments LLC By: Icy• Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Title: 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 guara e - - nder is joint and several. Craig Lin 8 Page 127 of 315 EXHIBIT "A" Legal Description of Property Page 128 of 315 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2013, by and among the CITY OF WATERLOO, IOW ("City"), Drew Reg investments LLC " ompany" , and the COUNTY ASSESSOR of the City of Waterloo, Iowa ('Assessor"). 1lITNESETH: 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 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: 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 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 129 of 315 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 Drew Reg Investm By: By: Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ss. COUNTY OF BLACK HAWK 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 130 of 315 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 by nidL9 � , E` _ l.� as V�P_}�L.Q�'� 201of Drew Re g Investments LLC. Notary Public 3 (f)\'' Page 131 of 315 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 Tess than One Hundred Thousand Three Hundred Forty Dollars 100,340 until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2018 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 132 of 315 CITY OF WATERLOO Council Communication 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. City Council Meeting: 8/5/2019 Prepared: 7/25/2019 REVIEWERS: Department a IP laming ommng P1- inning Zoning & Zoning Clerk Office ATTACHMENTS: Description D ,ommmc� arc c SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Reviewer c:l roc: t r, Ari.c orno John .� cIr°oed er, .is Even..., l.. ,e. rin. Action R.ej ccte�:i. Approved Approved A. pp rove Type over Date 7/31. /2 ( A 7/3 1120 ,,,,,,, f :3 . 7/31/ 0 i 9 A 7/3 1/2 0 1.:0 1 l Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of certain property, located west of 3221 Osage Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by 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. At their July 2, 2019 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. None Page 133 of 315 S ource of Funds : N/A Policy Issue: Zoning, Land Use and Economic Development. Background Information: 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 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. 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 Page 134 of 315 Legal Descriptions: 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 LESA 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 Planning, Programming and Zoning Commission voted 6-0 at their July 2, 2019 meeting to recommend approval of the request. 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. 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 corner of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4 ); thence S 89° 12' 18"E along the South line of said Southwest Quarter of the Southwest Quarter (S W 1/4 SW 1/4 ) 996.55 feet; thence NO°47'42"E 33.00 to the North right-of-way of O s age Avenue; thence continuing NO°47'42"E 259.95 feet; thence S 89° 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 135 of 315 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 FOR SITE AND IMMEDIATE VICINITY: 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. 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 PgDg@P i 3fO of 315 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: May 9, 2019 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 LESA 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 Planning, Programming and Zoning Commission voted 6-0 to recommend approval of the request at their July 2, 2019 meeting. 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. 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thence S 9°1 }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°4 '4 "E 33.00 to the North right-of-way of Osage Avenue; thence continuing NO°47'42"E 259.95 feet; thence 9°1 '1 "E 255.14 feet; thence SI °55'41 "11 260.00 feet to said North right-of-way of Osage Avenue; thence N9°1 1"W 250.00 feet along said North right- of-way line of Osage Avenue to the point of beginning, containing 1.50 acres. Page 140 of 315 Rezone — West of 3221 Osage Road 1 ,I,1' II I''1111111 Looking northwest from Osage Road. 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II 11 IIII 1111111u1111'1111 u11111 11i;'I'ro''1i11''1 1111,1111 11 1111 11 Page 141 of 315 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 APPLICATION INFORMATION: a. Applicant's name (please print): Mike Brustkem Address: 755 Skyview Road Phone: 319-239-8357 Fax: City: Waterloo State: IA Zip: 50703 b. Status of applic : Ownei (b) Other (CHECK ONE) If other explain: Property o Address: Ci ner's name if different than above (please print): Phone: Fax: 2. .PROPERTY INFORMATION: State: Zip: 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 Boundary (Excluding Right of Way): Approx. 260' x 255' d. Area of Proposed Zoning Boundary (Excluding Right of Way): 1.50 Acres e. Current zoning: A-1 - Agricultural District Requested zoning: Reason(s) for rezoning and proposed use(s) of property: To create a residentia puce! -Residential District g. Conditi s (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it mustgo through a platting process (separate from rezone request. The filing fee of $300 + .$10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non -ref: ndable. 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 sarne or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct, All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Ap Heat Date Signature of ner Date Page 142 of 315 CITY OF WATERLOO Council Communication Sale and conveyance of City owned property located north of 3105 Airport Boulevard to Hartel Properties, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of a 9,792 square foot dog daycare. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Reviewer Action Date ��m r mm Approved 7/3 ... /20 , :. . t.� �r��.m�m�m�rmg ��° Schroeder, .�m��c �I. @ �,,,,,,, (; lerk Office .Even.., t.,cArm A.pprov ,, 7 3 . : i i :1 AI1 ATTACHMENTS: Description D . ap D )eve 1.op m . Ag Flu r ems SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Type Cover (./ over c r .o Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property to Hartel Properties, LLC, in the amount of $1.00, located north of 3105 Airport Boulevard, and authorizing Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement and Minimum Assessment Agreement with Hartel Properties, LLC., and authorize the Mayor and City Clerk to execute said documents. 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 create new development around the airport. The developer, Hartel Properties, LLC, will build a new 9,792 square foot dog daycare by entering into a development agreement with a minimum assessed value of $480,000. They are looking 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. A portion of the northwest comer of the lot is being excluded from the conveyance due to there being communication towers for the airport and the land is not released by the FAA. None Page 143 of 315 Source of Funds: Policy Issue: Alternative: Legal Descriptions: NA Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. N/A 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 corner 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 corner 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. 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Box 596 waterloo, IA 50704 Phone (319) 4 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 146 of 315 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 months from the date of this Agreement (the `Project Start Date") and substantially complete construction within twelve 1 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 shalt 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 shalt 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 147 of 315 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 148 of 315 . Minimum a ment 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 $480,000 (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 G Page 149 of 315 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 150 of 315 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 railed 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. 15. 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 151 of 315 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 152 of 315 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felohle, 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, inci ding b 4t not limited to the duties of indemnity set forth therein, if any. ilia r of gua tors - re nder is joint and several. )1\ e Martel 8 41101A----- • -014.1106. AblvatrAl rn; I H. el Page 153 of 315 EXHIBIT "A" Legal Description of Property 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 corner 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 corner of Tract L, MidPort America Park Plat No. 2; thence North 00'00100" 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 33°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°00100" East for the purpose of this description. Page 154 of 315 EXHIBIT Project Drawings See attached. Page 155 of 315 Site/Concrete Plan GINGER-1CM POST & FRAME Camp Run -A -Mutt Simon Gingerich - Salesman Page 156 of 315 • Boarding 25' 1" 1" E`r" flu_ Entry Doti InS :eDoor Indoor Pay Area 7envermt Training A' 7 71q' MMN Room 4,1 PictLre Fe, --ding Area c t!1m4 - ,ADS. Co. Bat soon re Fran ice,+ Lobby/ Display 551 5 4,1 Picture v ra"w NI Floor Plan/ Post Layout SB MGM CH POST & FRAME Simon Gingerich - Sal an Camp Run -A -Mutt South East Perspective Elevations EINSEMCH PAST & FRAME Siren Gingerich - Salesman Camp Run -A -Mutt Page 158 of 315 North West Perspective Elevations HASEMCH POST & FRAME Simon Gingerich - Salesman Camp Run- -Mutt Page 159 of 315 Perspective Elevations POST & FRAME Simon Gingerich - Salesman Carnp Run -A -Mutt 0 Page 160 of 315 South Perspective Elevations '' ©5T & FRASimonSim� a 4 , r Gingerich - Salesman Camp Run -A -Mutt Perspective Elevations East GI Main C POST & FRAM E Simon Gingerlch - Sales an Camp Run -A -Mutt 0 Page 162 of 315 Perspective Elevations East POST & FRAME Simon Gingerich Salesman Camp Run -A -Mutt Page 163 of 315 All poles will be 121-0 tall with 1210 and 7-0 attachement points. Four poles are required. S ite/Concrete Plan SMSEMCH POST & FRAME Height at which it will be attaching. Simon G ingerich Salesman Camp R un-A-Mutt 164 of315 .........................................................................................:..,.......,.,v...,.���.,v,:...�..,.,v,--�.,..v.-.v-�.-��-.- MELQ. FUTURE BUILDING uea.DZ EXPANSION FFE=867.0 5Ad 340.16 a9 LN60t0 &0'El58.O6' AtlITElilA TOWER 0UILDrN0 LINE TRACT ;2i" EXERCISE YARD PROPOSED BUILDING FF'E867.0 MN= sheet C' EXHIBIT "'" MINIMUM UM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 2019, by and among the CITY OF WATERLOO, IOWA ("City"), Harrel Properties, LLC " ompany" , and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: E SETH: 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, EA , 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 $480,000 (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 166 of 315 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 By: Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK Hartei Member On this day of , 2019, before me, a Notary Public in and for the State of lowa, 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 167 of 315 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 iltt H a rte l as Managing Member of Hartel Properties, . Li_: TIM DEHA COMMISSION NO. 7718 MY COMMISSION EXPIRES APRIL 11, 2021 Notary Public 3 2019 by Stefanie Page 168 of 315 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 Four Hundred Eighty Thousand Dollars 4 0,000 until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me ❑n , 2019 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 169 of 315 CITY OF WATERLOO Council Communication Waterloo Public Library Exterior Stair Renovation Project. City Council Meeting: 8/5/2019 Prepared: 7/17/2019 REVIEWERS: Department Planning Planning & Zo P lanning & 2 on Jerk 0 fficc ATTACHMENTS: Description C Notice to 13 DNotice' of Propose D 13,ild Tabulation. :ion. SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer c, tr°ocdcr, .A..ric agec, - ttie Schroeder, Anc u Tipp Action R ejected Approved Approved. Approved Type Cover Cover I3 ac1kui: Date 7/ 1, 7/, 9 039 A 7/31 /2.. 19 ,,,,,,, 10:3 2. A 7 31 2 19 ,,,,, t 1:2.6 A. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer b ac k to the Building Maintenance Director for review. Submitted By: Noel Anderson, Community Planning and Development Director Approval Unknown Building Maintenance Page 170 of 315 NOTICE TO BIDDERS PROJECT: WATERLOO PUBLIC LIBRARY EXTERIOR STAIR RENOVATION FOR THE CITY OF WATERLOO, IOWA BID DATE/TIME: THURSDAY, AUGUST 1, 2019 before 1:00:00 P.M. LOCAL TIME (in accordance with the clock at bid room) LOCATION: WATERLOO CITY CLERK'S OFFICE 715 MULBERRY ST. WATERLOO, IA 50703 Sealed proposals for the above project will be received, publicly opened and read aloud at the time and location stated above by the City Council of CITY OF WATERLOO. Copies of the plans and specifications and other contract documents are now on file and available for inspection at the above bidding location and sets for Contractors/Suppliers can be ordered through the office of Rapids Reproductions, by logging on to Rapidsrepro.com/planroom or calling 1-800-383-1223, upon the deposit of $100.00 which will be refunded to prime contractors who submit bids upon the return of the documents within seven (7) days after the receipt of the bids. A single proposal will be received for the work of the General Contractor including the work of the Mechanical Subcontractor (Plumbing, Heating, Air Conditioning and Ventilating) and the work of the Electrical Subcontractor. Subcontractors of all construction trades shall submit bids to the General Contractor covering the scope of work bid. Work of Project located at Waterloo Public Library, 415 Commercial St., Waterloo, Iowa, includes complete removal of existing exterior concrete stairs, railings, retaining walls and structural slab. New narrower concrete stairs, railings, retaining walls and slab to be installed, including electric snow melt system, and other Work indicated in the Contract Documents, commencing August 15, 2019 and completion by December 1, 2019. Award of the contract shall be to the lowest responsible bidder based on basis bid and selected alternates and in conformance to the Bidding Documents prepared by ISG. A PRE -BID CONFERENCE for this project will be held on THURSDAY, JULY 18, 2019 at 1:00 p.m. At WATERLOO PUBLIC LIBRARY, 415 COMMERCIAL ST., Waterloo, IA. Each proposal must be accompanied by a bid bond, cash deposit, Cashier's Check or a Certified Check on a solvent Bank chartered under the laws of the United States in the amount of not less than 5%, nor more than 10% of the proposal submitted therewith. Bid Security shall be made payable to the CITY CLERK, CITY OF WATERLOO. Should the successful bidder fail or neglect to furnish a satisfactory surety bond, refuse to enter into contract on the basis of the bid, or fail to meet the requirements of this Notice and the specifications regulating the award, the bidder's security may be retained as liquidated damages. No bidder may withdraw the proposal for a period of thirty calendar (30) days after the date and hour set for opening of bids. The work under the Contract shall be commenced immediately after execution of the Owner -Contractor Agreement and substantially completed by a mutually agreed upon date, all as set forth in contractual documents. By virtue of statutory authority, the Contractor shall give preference to Iowa Domestic Labor, products and provisions grown, and coal produced within the State of Iowa, according to the provisions of Chapter 73, Code of Iowa 2016. The right to reject any or all bids and to waive any irregularities therein is reserved by CITY OF WATERLOO. DATED AT: WATERLOO, IA 50703, this day of , 2019 BY ORDER OF: CITY OF WATERLOO BY: KELLEY FELCHLE, CITY CLERK Page 171 of 315 NOTICE OF PROPOSED PUBLIC IMPROVEMENTS Notice is hereby given, in accordance with Section 26.12 of the 2016 Code of Iowa, applicable to the City Council of the CITY OF WATERLOO. The said City Council proposes to construct WATERLOO PUBLIC LIBRARY EXTERIOR STAIR RENOVATION FOR THE CITY OF WATERLOO, IOWA. Work of Project located at Waterloo Public Library, 415 Commercial St., Waterloo, Iowa, includes complete removal of existing exterior concrete stairs, railings, retaining walls and structural slab. New narrower concrete stairs, railings, retaining walls and slab to be installed, including electric snow melt system, and other Work indicated in the Contract Documents, with a cost estimate of $125,000. Proposed Drawings and Specifications, as well as proposed form of contract have been adopted therefore by the said Council, and copies of said construction contract documents are now on file and available for inspection at CITY OF WATERLOO. A public hearing at which any and all interested persons may appear and file objection to said proposed Drawings, Specifications, Form of Contract for, or cost of such improvements will be held as provided by law in the CITY OF WATERLOO, 715 MULBERRY STREET, WATERLOO, IA 50703. The time of the public hearing is hereby set at . M. (Local Time) on JULY 8, 2019. DATED AT: WATERLOO, IA 50703, this day of 2019. BY ORDER OF: CITY OF WATERLOO BY: KELLEY FELCHLE, CITY CLERK Page 172 of 315 Waterloo Public Library Exterior Stair Renovation Project Bid Tab: August 1, 2019 Estimate: $125,000 Bidder Bid Security Bid Amount Failor Hurley Construction Waterloo, IA 5% 156 580.00 $ ' Woodruff Construction, LLC Waterloo, IA 5% 169 500.00 $ ' Page 173 of 315 CITY OF WATERLOO Council Communication FY 2020 Levee Rip Rap Spraying, Contract No. 989. City Council Meeting: 8/5/2019 Prepared: 7/30/2019 REVIEWERS: Department Reviewer Action Date 1 „.Im gin e eninKK,,. nu.t' on Jarnarc, Approved :. r�°oved 7/30/2( �, 9 0 ,:4 .1. ~� l erk 0 Mee 111 vem.., I,cA..n._nApproved 7/3 1/2 , 1: ... . ]Ila �. ATTACHMENTS: Description Type D i- and 7E"ah. ulatho n. ck up to nria1. SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, City Engineer Page 174 of 315 FY2020 Levee Rip Rap Spraying Contract No. 989 Bid Tab: August 1, 2019 Estimate: $47,725.00 Bidder Bid Security Bid Amount Landmark Turf Services LLC ' $1,993 Ck# 029916 39 858 $ ' Page 175 of 315 CITY OF WATERLOO Council Communication Resolution approving Right of Entry Agreement with Friends of Faith Retirement Homes, Inc., to utilize portions of B o ntrager Park, in conjunction with the redevelopment of Friendship Village located at 600 Park Lane, and authorize the Mayor to execute said document.. City Council Meeting: 8/5/2019 Prepared: 7/29/2019 REVIEWERS: Department t. iannirmg c r Clerk Office fice ATTACHMENTS: Description R. OE i�,ricr SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, .A -ic .,Venn, ➢f.,e/\.nn Action Approved ved AJPProve Type Cover Date 7/3 1 /2 0, 7/3 1 /: Resolution approving Right of Entry Agreement with Friends of Faith Retirement Homes, Inc., to utilize portions of Bontrager Park, in conjunction with the redevelopment of Friendship Village located at 600 Park Lane, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the City of Waterloo and Friends of Faith Retirement Homes, Inc., to utilize portions of Bontrager Park as shown on attached Exhibit "A" in the agreement, which is in conjunction with the redevelopment of Friendship Village. Friendship Village is ready to begin their first phase of a $70 million dollar overall redevelopment of the site There is wording in paragraph five of the agreement that Friends of Faith Retirement Homes, Inc. agrees to indemnify and save harmless the City against and from any and all liability, loss, costs and expense arising out of personal injury to or death. The property in question is in good shape and fully grassed and it will be the responsibility of Friendship Village to restore the ground back to the original condition they found it in before commencement of the project. N/A N/A Use of City Property Permitting the right -of -entry will allow their contractor more space for staging Page 176 of 315 Alternative: due to area constraints of having the staging area on the construction site. Background Information: This is the first phase of Friendship Village's redevelopment of the site and this phase will have 75 new units. Page 177 of 315 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made as of this day of July, 2019, between the CITY OF WATERLOO, IOWA, an Iowa municipal corporation ( "Owner"), and FRIENDS OF FAITH RETIREMENT HOMES, INC., an Iowa non-profit corporation doing business as Friendship Village ("Friendship Village"). 1. Owner grants to Friendship Village the right to enter upon and use the parcel of land (the "Property") in the city of Waterloo, Black Hawk County, Iowa, commonly described as the western portion of Bontrager Park and shown on the map attached hereto as Exhibit A and hereby made a part hereof, for purposes of: (a) establishing parking and a staging site for outdoor storage of materials and equipment for reconstruction of the Friendship Village campus at Park Lane (the "Project"); (b) temporary employee parking; and/or (c) temporary accessory uses during the Project term (collectively, the "Permitted Uses"). 2. The term of this Agreement shall commence on the date hereof and terminate 90 days after a final Certificate of Occupancy allowing occupancy and use of the entire Project is issued ( the "Termination Date"). 3. Friendship Village shall also have the right to use the Property for the Permitted Uses during the term of this Agreement, and shall take such reasonable and necessary steps throughout the term to reduce secondary impacts and nuisances to the surrounding neighborhood. Prior to the Termination Date, Friendship Village shall restore the condition of the Property to its original condition it was found in, with proper seeding and grading if necessary. 4. After Friendship Village has restored the Property to its original condition, Friendship Village shall notify Owner so that Owner may inspect Friendship Village's work on the Owner's Property. Owner shall either advise Friendship Village of deficiencies in Friendship Village's restoration of the Property, or approve and accept the restoration of the Property by Friendship Village. Owner acknowledges that the restoration of the Property by Friendship Village after completion of the Project is intended generally to restore the Property to its condition on the date hereof, not to other specifications elected by the Owner. 5. Friendship Village agrees to indemnify and save harmless Owner against and from any and all liability, loss, costs and expense arising out of personal injury to or death of persons whomsoever, or loss or destruction of or damage to property, where such personal injury, death, loss, destruction or damage is caused by the negligence or intentional misconduct of Friendship Village, Friendship Village's agents, contractors, servants or licensees, in entering upon, using or otherwise conducting activities on or about the Property pursuant to this Agreement. To the extent permitted by applicable law, Owner shall defend, indemnify, and hold harmless Friendship Village from and against losses, damages, costs and expenses (including fines, penalties and reasonable attorney's fees) which may result from the presence of any Hazardous Substances on or near the Property, except to the extent released on or under the Property by Friendship Village. Friendship Village shall defend, indemnify, and hold harmless Owner from and against losses, damages, costs and expenses (including fines, penalties and reasonable Page 178 of 315 attorney's fees) which may result from the release by Friendship Village of any Hazardous Substances on or under the Property. "Hazardous Substance" shall mean any hazardous, toxic, dangerous or extremely dangerous substance, material or waste, which is or becomes regulated by the United States government, the State of Iowa, or any local governmental entity, and shall include, without limitation, any flammables, explosives, radioactive materials, hazardous materials, hazardous waste, hazardous or toxic substances or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, the Resource Conservation Recovery Act, as amended, and/or the regulations promulgated pursuant thereto. The rights and obligations set forth in this Section 5 shall survive the termination or expiration of this Agreement. 6. Owner hereby represents that: (i) it has the full right and authority to enter into this Agreement and consummate the transaction contemplated by this Agreement; (ii) the zoning regulations of Owner permit the parking and outdoor equipment and material storage and other Permitted Uses by Friendship Village which are contemplated by this Agreement; and (iii) Owner has received no notice from any entity indicating the presence of any Hazardous Substance on or under the Property or of any other violation of any applicable environmental law, rule, ordinance, or regulation by or at the Property. 7. Friendship Village shall not knowingly cause or permit any Hazardous Substance to be brought upon, kept, or used in or about the Property in violation of applicable law by its employees, agents, contractors, guests, or invitees. If Friendship Village breaches such obligation, or if contamination of the Property from Hazardous Substances is caused or contributed to by the acts or omissions of Friendship Village, its officers, directors, employees, agents, contractors, guests, or invitees (a "Breaching Party") or otherwise occurs for which the Breaching Party is legally liable, then the Breaching Party shall indemnify, defend, and hold harmless the Owner as provided in Section 5 above. Without limiting the foregoing, if the presence of any Hazardous Substance caused or permitted by the Breaching Party results in any contamination of the Property, Friendship Village shall promptly notify Owner of such contamination and shall, at its sole expense, take all actions as are necessary to return the contaminated area to the condition existing prior to the introduction of any such Hazardous Substance; provided that Friendship Village shall first obtain Owner's approval of any such action. The parties acknowledge Friendship Village, its employees, agents, and contractors, will be using machinery to carry out the Project and said machinery necessarily requires for proper operation the use of substances defined as Hazardous Substances for purposes of this Agreement. The use of such substances for said purposes is permitted, provided that Friendship Village observes the requirements of this Agreement in the event that any Hazardous Substance is spilled , discharged or otherwise released so as to cause contamination of the Property. 2 Page 179 of 315 8. Friendship Village shall permit Owner and its agents, employees and representatives to enter upon the Property to inspect the Property so long as Owner provides reasonable advance notice to Friendship Village and does not interfere in any material way with Friendship Village's use of the Property. 9. Any notices required or desired to be given under this Agreement shall be in writing and personally served, given by overnight express delivery, or given by mail. Any notice given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the party to receive at the following address or at such other address as the party may from time to time direct in writing: Owner: Friendship Village: CITY OF WATERLOO, IOWA Attn: City Engineer 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4312 Facsimile: (319) 291-4262 FRIENDS OF FAITH RETIREMENT HOMES, INC. ATTN: Lisa Gates, President/CEO 600 Park Lane Waterloo, Iowa 50702 Telephone: (319) 291-8100 Facsimile: (319) 291-8324 Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. Additionally, Friendship Village shall provide Owner with names and contact information for Friendship Village's Project representative and its contractor's site representative. 10. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Iowa. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 12. Any provisions that require observance or performance subsequent to termination shall survive termination. 13. Should either party institute any action or proceeding to enforce or interpret this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or of any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to receive from the other party all costs and expenses, including reasonable attorneys' fees incurred by the prevailing party in connection with such action or proceeding. The term "action or proceeding" shall mean and include actions, proceedings, suits, arbitrations, appeals and other similar proceedings. With respect to any court 3 Page 180 of 315 action to enforce or defend any claim, counterclaim, cause of action, or any matter arising from or in any way related to this Agreement, THE PARTIES HEREBY WAIVE THEIR RIGHTS TO A JURY TRIAL AND AGREE TO TAKE ANY STEPS NECESSARY TO WAIVE SAID RIGHTS. IN WITNESS WHEREOF, Owner and Friendship Village have caused this Right of Entry Agreement to be executed by their duly authorized representatives as of the day and year first above written. 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No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. Page 182 of 315 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Professional Services Agreement with INVIS ION Architecture of Waterloo, Iowa, in the amount of $13,600 with a revised total contract amount of $68,600, in conjunction with the Kitchen Renovation Improvements Project for the Five Sullivan Brothers Convention Center, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/30/2019 REVIEWERS: Department P billing & Zoning Clerk k Office Reviewer S c:hroc er, Axle �f , c mrm.v llr e. nn ATTACHMENTS: Description original cormtr, kitchen reno amendment SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action .Approved .A.pproved Type Cover emrm.c:� -over crm 10 Date 7/3. /2 7/31. l2( A :7 Resolution approving an Amendment to the Professional Services Agreement with INVIS ION Architecture of Waterloo, Iowa, in the amount of $13,600 with a revised total contract amount of $68,600, in conjunction with the Kitchen Renovation Improvements Project for the Five Sullivan Brothers Convention Center, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval This amendment is to move the grease interceptor out of existing space to a corridor outside of the kitchen adjacent to the dock. From the original contract for design and construction services of $55,000, only $10,019 has been paid to date. $13,600 increase, for revised contract total of $68,600. Building Maintenance Page 183 of 315 :portStreamingflandler.ashx Page 1 0_ 2:11,2016 Craig Clark, Maintenance Administrator City of Waterloo 715 Mulberry Street Waterloo, IA 60703 Craig: RE: Kitchen Plumbing Improvements Five Sullivan Brothers Convention Center We are pleased to provide this proposal for design and construction cervices for the replacement of the plumbing systcsm in the kitchen at at the Five Sullivan Brothers Convention Center. our scope of services proposed for the project is as follows: The work will involve removal of areas of concrete flooring in the Kitchen and Warewashing areas of the Basement level of the convention center. Existing sewer and domestic water systems in that area will be removed and replaced. In addition, we will involve a foodservlce consultant to review the existing layout and equipment and provide a summary of their findings. We have assembled a team to carry out the design, documentation and construction services work. INVISION Architecture will be responsible for project coordination, documents for floor removal and replacement, as well as finish upgrades in the project area. Mocius will provide Mechanical Engineering work. Their work includes: • Replacing existing underground sanitary sewer • Replacing existing underground domestic water lines • Work around the existing storm sewer • Modify the sump pump discharged piping in order to replace sanitary.sewer near sewage ejector • Clean out the sewage ejector pit • Replace the sewage ejector pumps and reconnect to the existing above grade pump discharge plumbing • MIse electrical work Ed and Eric Norman of MVP Services Group will provide the Kitchen Site Survey and Assessment. They will visit the convention center and conduct a comprehensive assessment of the kitchen operation (lower level only) and will develop a written report outlining their findings and recommendations, Our services include development of the design and documents for bidding and construction. we will issue documents for bidding, hold a pre -bid conference, assist the city in receiving bids, and will develop the contracts for construction. We will provide construction administration services through acceptance of the construction project. if kitchen equipment removal/replacement or modifications are desired as a result of the foodservice consultant recommendations, we will provide a proposal to add these services to the scope of our work 112 ph j515] 633 2941 is j l$J 633 29,4 !'; LA/ > Z Page 184 of 315 .p: r blinkllas r eNi w •lPdf' Pri trdf ie rer•. tml ? ile— po -t it rr ingHa le •.a l % r o%3D ene... 7 / 0 :p ort tre a ingHandl er. ashx Page 2 0: Craig Clark 2.11.2016 Page 2 of We propose to hold three meetings during design, a probid conference, preconstruction conference, up to four meetings during construction and up to four field observation visits. We propose to provide these services working on a lump sum basis with a basic services fee of $65,000 plus reimbursable expenses, Statements will be Issued on a monthly basis. Reimbursable expenses are limited to the cost of production of bidding documents and shipping, and will be billed at cost. Additional services, if needed, will be billed on an hourly basis, at standard billing rates and will commence upon identification and authorization. l will be the primary contact for I1 V1 IO 1. Please contact me with any questions or if you would like further clarification of our proposal, If this proposal is acceptable, please lot me know and we will provide an agreement for signature. We look forward to the opportunity to work with you on these continuing improvements to the downtown area. Sincerely, Michael B ros liar; FAIA Partner Proposal for Design and Construction Services Accepted: Quentin M. Hart, Mayor Date 6 :42 3%5 0 0 crl Page 185 of 315 : : /we lin lase • e f i r c /P •x t diVie e r..t l?file=S poi t ;e . in. .. le , ° repo I nc... 7 2 2 41" '1', ,11„110111,11111111111, AIA Document G8O2TM - 2017 Amendment to the Professional Services Agreement PROJECT: name and address) 16021 Five Sullivan rothers CC Kitchen Plumbing Renovation Waterloo, Iowa OWNER: name and address City of Waterloo 715 Mulberry Street Waterloo, IA 50703 AGREEMENT INFORMATION: AMENDMENT INFORMATION: Date; March 22, 2016 Amendment Number: 1 ARCHITECT: (name and address) 11'44,1VISION Architecture, LTD 501. Sycamore St Suite 1.01. Waterloo, IA 50703 Date: July 10, 2019 The Owner and Architect amend the Agreement as follows: Move grease interceptor out of existing space to corridor outside of the kitchen adjacent to the dock. Adjust project cost from 2016 to 2019. The Architect's compensation and schedule shalt be adjusted asfoliows: Compensation Adjustment: Lump sum fee - $13,600.00 Summary of fees: Base Contract - $55,000.00 Amendment 1 - $13,600.00 Total Contract - $68,600.00 Schedule Adjustment: Construction Documents completed aproximately August 26,, 2019 Bidding Documents issued approximately August 27, 2019 Construction Award approximately September 23, 2019. Construction completion approximately January 31, 2020 SIGNATURES: ARCHITECT (Fir ftame SIGNATURE Michael Broshar, 'FAIA„ Partner PRINTED NAME AND TITLE 11 DATE OWNER (Firm name SIGNATURE PRINTED NAME AND TITLE DATE AIA Document GM"' — 2017. Copyright() 2000, 2007 and 2017 by The American Institute of Architects. Ali rights reserved. WARM G: This AIA D cument is protect d by 3. C. pyright Law and international Treat' s. Unauth riz d r pr duction or distribution of this AlA ocum nt, or any p rtt n of it, may r suit In s v re civil and criminal penalties, and ill be prosecut d to th maximum extent possible und tr the w. This document was produced by AIA software at 07:42:56 ET on 07111/2019 under Order No. 2193223387 which expires on 06/26/2020, and is not for resale. User Notes: (3B9ADA58) Page 186 of 315 CITY OF WATERLOO Council Communication Resolution approving an Amendment to a Development Agreement with MLG, LLC, for the construction of two single family homes, with a minimum value of $180,000 each, and approving a development grant of $5,000 for each home, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Reviewer Action Date �m r mm Approved d 7/3 ... / ' (� , 5 �.� �r��.m�m�m�rmg & ��° Schroeder, .�m�ic �I. @ � ,,,,,,, Clerk Office Even., 1...,eArm Approv ,, 7 3 . : i i vonAI1 ATTACHMENTS: Description D ..greenment SUBJECT: Submitted by: Type is acku Resolution approving an Amendment to a Development Agreement with MLG, LLC, for the construction of two single family homes, with a minimum value of $180,000 each, and approving a development grant of $5,000 for each home, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve the resolution The City of Waterloo is working with MLG, LLC to construct two new homes on a lot located at 327 Sheridan Road. The developer has acquired the property and plans to demolish the existing home. They are planning to Summary Statement: construct two homes on the 1/2 acre lot with minimum values of $180,000. This agreement would also allow for the developer to receive a $5,000 grant from the city once the homes receive their certificate of occupancy after construction. Expenditure Required: None Source of Funds: NA Policy Issue: Infill Housing Alternative: Not approve. Legal Descriptions: Prospect Hills Addition lot 143 & 144, and the West 20 feet of lot 126, except that part lying northeasterly of the extension of the southerly line of lot 145, and the west 20 feet of lot 127, except the southerly 91.13 feet, all in the city of Waterloo, Black Hawk County, State of Iowa. Page 187 of 315 Page 188 of 315 Preparer Information: 715 Mulberry Street Waterl Name Address City DEVELOPMENT AGREEMENT (319) 291-4366 Phone SPACE ABOVE THIS LINE FOR RECORDER This Development Agreement (the "Agreement") is entered into as of by and between MLG LLC ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct two single-family dwellings and related improvements on property located at 327 Sheridan Road in Waterloo, generally described as parcel 8913-34-378-032, legally described as set forth 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. Improvements by Developer. After demolition of structure on Property, Developer will construct on the Property two single-family dwellings, valued at over $180,000 each. The dwellings shall be completed to a finished state, including installation of driveways, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Improvements"). The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All 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. Page 189 of 315 DEVELOPMENT AGREEMENT Page 2 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to enter into this agreement with Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. Construction. Developer must begin construction of the Improvements within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twenty fourth (24) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option this agreement will be voided, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the agreement shall be voided after the end of said extended period. b. Unavoiclabl Dela s. If Developer has begun activity in compliance with the foregoing deadlines 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 Developer, the requirement that construction is to be completed by the Completion Deadline 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 agreement shall be voided. 3. Incentives. A. Partial Tax Exemption. Because the Property is located in the City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in the CLURA Plan, provided that Company meets all requirements to qualify for such exemption. B. Development Grant. Upon completion of each new home and all related Housing Improvements, as evidenced by issuance of a certificate of occupancy, City will make to the developer party a one-time grant of $5,000.00 for each completed home, in accordance with City policy. 4. Indemnity. Developer 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, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant Page 190 of 315 DEVELOPMENT AGREEMENT Page 3 to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-collateralize the Property to support the construction of improvements on any other real estate. 6. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 7. 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. 8. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer 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 Developer. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity Page 191 of 315 DEVELOPMENT AGREEMENT Page 4 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 Developer under this Agreement. 10. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer 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. 11. 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, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to MLG LLC, attention Waterloo, Iowa 5070 for. 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. 12. 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 Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. 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 Page 192 of 315 DEVELOPMENT AGREEMENT Page 5 default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. 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. 15. 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. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 17. 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. 18. 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. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Fe chle, City Clerk Page 193 of 315 DEVELOPMENT AGREEMENT Page 6 Page 194 of 315 DEVELOPMENT AGREEMENT Page 1 EXHIBIT "A" Legal Description of Property PROSPECTIAILLS ADDITION LOT 143 & 144, AND THE WEST 20 FEET OF LOT 126, EXCEPT THAT PART LYING NORTHEASTERLY OF THE EXTENSION OF THE SOUTHERLY LINE OF LOT 145_AND THE WEST 20 FEET OF LOT 127, EXCEP1 THE 5„DUTHERLY 91.13 FEET, ALL IN THE CI Y OF VVATERLOO BLACK HAWK COUNTY STATE OF IOWA Page 195 of 315 CITY OF WATERLOO Council Communication Resolution adopting Sale of Property Policy changes, to reflect infill development incentives for City owned property and private property deemed as infill lots. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Reviewer Action Date :P Inarmm ing & Zormimamg c:llf .roc: er, Ari.c A,pprovcd. 7/3 . /2( C k rk Offic Even., 11f ,cA rn Approved 7/31 /20 ATTACHMENTS: Description if of il[i, Policy icy 11[e of Prof erty SUBJECT: Submitted by: Type C over .o Cover .. em mrm..o Resolution adopting Sale of Property Policy changes, to reflect infill development incentives for City owned property and private property deemed as infill lots. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: approve resolution Summary Statement: Expenditure Required: Source of Funds: Policy Issue: As previously discussed at a Work Session on June 24, 2019, the City of Waterloo is working to encourage further infill development of vacant lots, both public and private, for the betterment of the community. The Policy changes (italicized in attachment and showing strike-throughs for removed wording) notes the following: 1) removal of the Building & Grounds Committee in all areas 2) adds in the $5,000 incentive for the development of private lots on lots qualified as "infill lots" (in subdivisions over 20 years old where the majority of the subdivision is built up) 3) Adds in ability for City to use a Mow To Own lot program on a case by case basis of analysis $5,000 per successful Development Agreement for new homes in Waterloo infill lots Bonds for housing redevelopment Infill development Economic Development Smart Growth Page 196 of 315 Alternative: Background Information: Legal Descriptions: Not approve The City amended the Sale of property Policy in 2017 to add in the $5,000 incentive for city owned lots acquired through 657A process and other infill lots the City owns. This extends the incentive to other infill lots (as defined) that are privately owned to encourage infill lot redevelopment. The City gains greatly by infill lot development, as it works to bring additional homes, citizens, property taxes, garbage fees, water fees, electric fees, etc. on routes and locations that are already served by City services such as snow plowing, parks, street sweeping, road maintenance, public safety protection, etc. Many municipalities call this Smart Growth as it adds revenue to the community, without the extension and maintenance of new roadways, sewers, water lines, services, etc. NA Page 197 of 315 Sale of 657A City Infill Property Policy — 2019 Process for identifying eligible housing for rehabilitation: 1. This policy will guide the sale and incentives for infill residential lots within the City of Waterloo. An infill lot for private purposes will be any lot within a subdivision that is at least 20 years old and the majority (over 60%) of the subdivision has been built upon. For larger infill sites (i.e. Baltimore Field) staff will determine the eligibility of areas as infill it they require additional platting. It applies to any City owned lot for residential construction. 2. Housing eligible for rehabilitation will be identified based on an inspection from the inspection team. • Building Maintenance Administrator (And or Designee) • Fire Marshall (And or Designee) • Director of Community Development (And or Designee) • Community Planning and Development Director (And or Designee) 3. If property is deemed sound enough for rehabilitation, then check list of requirements for rehab will be created. 4. For projects with multiple interest: The Community Planning and Development Department will then prepare development proposal and bid packet. Successful bidder will be required to sign a Development Agreement binding them to a specified completion date in the agreement. Bid packet must contain a $1,000 earnest down payment and an "as is" minimum bid price of $5,000. 5. The Policy shall refund the $5,000 purchase price after successful issuance of a Certificate of Occupancy for the project, as specified in the approved Development Agreement. A successful Certificate of Occupancy shall also allow for issuance of an additional $5,000 in funds to the developer, for their time, investment, and help towards infill development for the City of Waterloo. 6. Once bid packet (for projects with multiple interest) is complete, property will be advertised for sale by way of "For Sale" sign in yard, published in the legal section of the Waterloo Courier, and others notified by staff to generate interest in properties. 7. Once all bids are submitted on or before the deadline, Community Planning & Development staff will rank all bids with the following in mind: a. Price to be paid b. Taxable value created through new construction or rehabilitation c. Compatibility of design with surrounding development d. Highest and best use of the property for proper land use designations and long term redevelopment e. Any other criteria specific to an individual site/building Said information will then be presented to Mayor for review, and then forwarded to Building & Grounds Committee prior to City Council for review and recommendation. 8. The City Council will set date of hearing for conveyance of city owned property and publish an official notice pertinent to the requested sale. Hearing for sale of property will be held approximately 2-4 weeks later as required by State Law. 9. Property will be transferred to successful bidder by Quit Claim Deed following council approval. Page 198 of 315 10. An inspection will occur at twelve (12) months, or at a point if specified differently in Development Agreement approved by City Council. 11. For City or private lots, the process will be same, without need for building inspection review at beginning. A successful lot infill project, public or private, will require a Development Agreement with a timeframe to build a new home(s) upon lot, and upon issuance of the Certificate of Occupancy, an amount of $5, 000 will be awarded for private investment on infill lots in the City of Waterloo. 12. This process is for residential development of infill lots. Commercial redevelopment of infill lots will follow the Economic Development Policy for the City of Waterloo. 13. The City reserves the right to enter into a Mow to Own program for a lot — whereas an abutting property owner can request the City draft an agreement to allow them to mow the lot abutting their owner -occupied property to gain ownership to the lot after a successful 5 year period of mowing in accordance with City codes and ordinances. Such requests will be on a case by case basis. What does this mean? 1. We bid out properties with multiple interested parties through Request for Development Proposals. 2. High bid / development package wins. Price and plans for building all considered in staff recommendation. 3. It means you pay $5,000 minimum (could be higher in bidding process) for a property. 4. Upon successfully completing renovations, etc. and getting Certificate of Occupancy, you get $5,000 back for bidding. You also get $5,000 back per policy to promote renovation projects and infill. For a total of $10,000. 5. All sales will be accompanied by a Development Agreement outlining the renovations to be completed. A sample DA can be obtained from the Planning Office. 6. We are now working on infill of public and private lots as long as they are determined to be infill lots. 7. We are instituting the ability to request a Mow to Own program for individual lots. Page 199 of 315 SALE Of PROPERTY POLICY 2019 Price: All properties shall have an asking price of: 1. A current appraisal price 2. The current assessed value for that parcel 3. The current price per square foot of abutting property 4. The current price per square foot of adjacent property 5. The applicant or city staff may replace an above -determined asking price with current information on the sale of abutting or adjacent land Price may be modified by below information: RESIDENTIAL COMMERCIAL/INDUSTRIAL Buildable Buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. Payment of future taxes may be counted 2. City Council may sell land for $1.00 or similar against the purchase price. This shall be price for areas within TIF, or Urban Renewal counted for 5 years. For sites within CURA, it shall be extended to 8 years. Districts, or Industrial Parks, as they see fit for betterment of that area (by Development 3. If located within an area which has not seen Agreement) recent new housing construction, City 3. Payment of future taxes may be counted Council may sell for $1.00 plus costs, in against the purchase price. For sites within accordance with a development agreement CURA, it shall be extended to 8 years. requiring the buyer to construct new housing. 4. Otherwise, a minimum sale price of 70% of 4. Otherwise, a minimum sale price of 70% of the price as determined above. the price as determined above. (Example: Council approved the sale of land to Con (Example: Council approved sale of land along Agra at the MidPort Industrial Park for $1.00 in Vermont for $1.00 in exchange for requirement of exchange for requirement of $multi -million pudding new homes being built within a certain timeframe). plant being constructed within 2-year timeframe). Un-buildable Un-buildable 1. Price as determined above (1-5) 1. Price as determined above (1-5) 2. May decrease price by 50% for area located 2. May decrease price by 50% for area located within an easement within an easement 3. Payment of future taxes may be counted 3. May decrease price by 50%-100% for area in against the purchase price. This shall be rear or determined to have little to no value counted for 5 years. For sites within CURA, it shall be extended to 8 years. (alley, etc.) 4. Payment of future taxes may be counted 4. Otherwise, a minimum sale price of 70% of against the purchase price. This shall be the price as determined above counted for 5 years. For sites within CURA, (Example: A neighbor mowing a paper alley for 10 it shall be extended to 8 years. years may request to purchase that alley. The alley 5. Otherwise, a minimum sale price of 70% of has overhead electric lines. The asking price is the price as determined above $0.65 per sq. ft. - hypothetical 16' wide by 120' (Example 1: Under these rules, the r-o-w frontage deep - or $1,248.00. They can reduce by 50% for along San Marnan would still have been transferred the easement over the entire area. This would for $1.00 due to taxable value of a new building on make selling price $624.00) land. (Example 2: Under statement of eliminating rear areas with little to no value, Council could still sell alley portion in rear of property for $1.00 to Aramark - which was requested a few years back). For all properties: 1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. This shall be -40% of entire taxes to roughly estimate City's share of taxes paid. 2 Goal is to have construction begun within a predetermined timeframe from approval of sale. 3 Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc. 4. The Council shall not sell un-buildable parcels of land, except to abutting property owners to try and create buildable parcels of land for future tax base development. 5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the community. PROCEDURE Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable value and expenses in relation to asking price, shall be forwarded to full City Council. Any request that fails to meet the Policy criteria shall require a Work Session to discuss sale of parcel. unds or City Council. Anysuch applicant shall reed to reg„est ro�w $100.00 filing fee, which is not refundable, regardless of City Council decision. In any case, the City Council still reserves the right to sell property in a variety of manners, such a bidding, development proposal packets, or not sell property. Page 200 of 315 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the Design Services Wastewater Treatment Plant Biosolids Modification Agreement, originally approved on September 20, 2018, in the amount of $38,000, with Strand and Associates of Madison, Wisconsin, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/30/2019 REVIEWERS: Department ante iMIC a magcrn erk.Office Reviewer b : mmmam;mm, b.- Even. 11..,e/\.nm ATTACHMENTS: Description cm. rmO to ayor and Council D Amendment mendment l(oW 1 SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action Approved AJPProve Type Cover over c m m.o Date 7/31 /2 0 , ,,,,,,, :19 1 7312:i ::29I. Resolution approving Amendment No. 1 to the Design Services Wastewater Treatment Plant Biosolids Modification Agreement, originally approved on September 20, 2018, in the amount of $38,000, with Strand and Associates of Madison, Wisconsin, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve Amendment No. l $38,000 Sewer Funds using State Revolving Fund (SRF) Page 201 of 315 ,IIIIIIIIIIIIIIIIIIII111111111.000001111111111111i1111111111111111111111.1111111111IIII; July 30, 2019 CI Y F WATE LOO WASTE MANAGE ENT SERVICES DE ARTMENT 3505 Easton Ave, • Waterloo, IA 50702• (319) 291-4553 Memo to Waterloo Mayor and City Council: RE: Amendment o.1 to the September 20, 2018, .Agreement for Design Services Wastewater Treatment Plant Biosolids Modification Background 1 iscussion An original agreement between the City of Waterloo and Strand Associates on September 20, 20 8 addressed much of the eeded design for biosolids improvements. In the interim staff at Waste Management Services were having additional issues with older thickened waste activated sludge (RPVAS) pumps that were not part of the original design. Since the original agreement WMS has had to source a rebuiltio tdated TVVAS pump at a significant cost of $38K with an extended lead time that puts biosolids process in jeopardy. Additional design parameters were discovered by WMS through this process of pump replacement. Mainly there is no safe way to pull and replace these pumps because 0 monorail or interior Is exist in the Thickener Building, Amendment No.1 also addresses an outdoor biosolids storage area adjacent to the Dewatering Building. In the late winter 2018 and early spring 2 19 all biosolids processing at the Dewatering Building had to shut down because the City of Waterloo contract services with Nutri-Ject. Nutri --Ject were unable to truck out biosolids due to inclement weather and impassable roads due to flood issues. This 2 day storage area will give WMS the flexibility to continue processes. ecommended Action It is recommended that the city council approve Amendment No. 1 Agreement for lesign Service Wastewater Treatment Plant Biosolids Modification. Page 202 of 315 07- 71:4tEk. A S S cj,,S July 22, 2019 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Supervisor Re: Amendment No. 1 to the September 20, 2018, Agreement for Design Services Wastewater Treatment Plant Biosolids Modification This is Amendment No. 1 to the referenced Agreement. Under Project Understanding ADD the following: "14. Replacement of thickened waste activated sludge (TWAS) pumps and associated check va ves, plug valves, and appurtenances. 15. Addition of a monorail above the TWAS pumps. 16. Addition of an outdoor biosolids storage area adjacent to the Dewatering Building. 17. Replacement of approxiniately 13 doors and r n r 1approximately ten. doors on several existing structures including. the .."Magiesitan Elydroxide Building, Satellite Blower Builling .l;;a„stort 1340wer Buildia- Satellite Rettirned Activated Sludge (R„AS) Building atul E:asti.in RAS Builcling." Under Scope of Services, PesignS rvice REPLACE item No. 10 in its entirety with the following: "10. Prepare Bidding Documents using OWNER -provided front end documents." ADD the following: "12. Prepare a Joint Application form for submittal to IDNR and the United States Army Corps of Engineers." Under Compensation, De CHANGE $940,000 to "$978,000." Under Schedule, CHANGE August 31, 2019, to "October 31, 2019." Under OWNER's Responsibilities, ADD the following: “9, ,Provide the „front end doctunents that require the contractor to name ENCIII „'EEIZ, as an additional irtsured. on contractor's General Liability and Automobile Liability ins:tirance znici to ifidemnify ENGINEER to the same extent that the 'contractor insures and. indertintfies IN WITNESS WHEREOF the parties hereto have made and executed this Amendment. ENGINEER: STRAND ASSOCIATES, INC.(') JoseH ,,3tin ker. Corporate Secretary OWNER: CITY OF WATERLOO Quentin M. Hart Mayor SKHRAW:mRARAMADIDocurnents\Agmerrieni s W\ Wato loo, City of (1APAIWIPBi)solidsModifkation 20 I 81AgrIA Ind14463 VA I docx Arizona Indana Kentucky Ohio Texas \A/sc..;orlsn Date v wimstranduc m Page 203 of 315 CITY OF WATERLOO Council Communication Resolution approving Parking Lot Design Services Agreement, in the amount of $80,000, with InVision Architecture of Waterloo, Iowa, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Reviewer Action Date P lalining & " e r g Anderson, Noel Approved 7/3 I /2(0 ( perk Office ll ivenn, 1.,cAnn AIpprov 7/3 I / ATTACHMENTS: Description D ]I Of].. SUBJECT: Type Cover Resolution approving Parking Lot Design Services Agreement, in the amount of $80,000, with InVision Architecture of Waterloo, Iowa, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorize the Mayor and City Clerk to execute said document. Submitted b Submitted By: Noel Anderson, Community Planning & Development y Director Recommended Action: Approve resolution for design proposal The Waterloo Center for the Arts parking lot is in need of reconstruction. This proposal will work to start the redesign, specifications, bid documents, etc. for the bidding process to start the overall redevelopment of the lot. The work will begin at the eastern end of the overall parking area, and be done in Summary Statement: phases to ensure contented parking availability to the activities and uses in this area. The overall redevelopment and re -design of the lot will add additional parking spaces to the site. Expenditure Required: $80,000 S ource of Funds : Bonds for parking improvements Downtown Downtown Development Policy Issue: Maintenance of City infrastructure Alternative: Not approve Background Information: See summary Page 204 of 315 Legal Descriptions: NA Page 205 of 315 \VISION PLANNING i ARCHITECTURE INTERIORS Noel Anderson City of Waterloo 715 Mulberry St. Waterloo, IA 50703 RE: Vlfaterloo Center for the Arts Parking Redevelopment 1 Phase II Noel: April3, 2019 We are pleased to provide this proposal for the next phase of the parking redevelopment at the Waterloo Center for the Arts. We are proposing to work with the same team that completed the WCA/Singlespeed first phase redevelopment. INVISION will provide project coordination, including modifications to the Master Plan document to accommodate site access requirements for the Art Block project. AECOM will provide Civil Engineering Services to include: • Storm Sewer Analysis and Design • Sanitary Sewer Analysis and Design • Parking Lot Design Assistance • Sidewalk Design Assistance • Utility Coordination • Parking Lot Lighting Design • Plan and Profile Design • Storm Water Pollution Prevention Plan dna Permitting • Pavement Design (jointing, spot elevations, etc.) • Specifications • Bid Assistance Ritland Kuiper will provide Landscape Design Services to include: • Base map development from survey information • Final Site Development Plan • Construction Documents for layout, landscape plantings, specialty pavements and site furniture • Bid Assistance, Our services include development of the design and documents for bidding and construction. We will issue documents for bidding, hold a pre -bid conference, assist the city in receiving bids, and will develop the contracts for construction. We will provide a supplemental agreement to add construction administration services to our agreement following award of construction contracts. AECOM has a separate agreement to complete survey work for the WCA parking lot and will complete survey work for the project. That work will be direct billed to the City. We propose to provide these services working on a lump sum basis with a basic services fee of $80,000, plus reimbursable expenses. Statement will be issued on a monthly basis. Reimbursable expenses are limited to the cost of production of bidding documents and shipping, and will be billed at cost. Additional services, if needed, will be billed on an hourly basis, at standard billing rates and will commence upon identification and authorization. This proposal anticipates that the Phase II parking development (east of the WCA entrance extending to the Art Block project) will be accomplished in a single phase. 1 will be the primary contact for INVISION. Please contact me with any questions or if you would like further clarification of our proposal. Please let us know if this proposal is acceptable, and we will prepare a contract for services. We look forward to the opportunity to work with you on continuing improvements to the Waterloo Center for the Arts. 501 SYCAMORE ST, SUITE 101 WATERLOO, IA 50703 319.233.8419 303 WATSON POI ELL. JR. WAY, SUITE 200 DES MOINES, ES, IA 50309 515.633.2941 PEOPLE. PROCESS. BALANCE, INVISIONARCH.COM Page 206 of 315 \VISION PLANNING I ARCHITECTURE I INTERIORS Sincerely, (Nitbiljo Michael Broshar, FAIA Partner (319)4 - 8 1 mi eb a@in isionarch.com 501 SYCAMORE ST, SUITE 101 WATERLOO, IA 50703 319.233.8419 i 303 WATSONPOWELL JR. WAY, SUITE 200 DES MOINES, IA 50309 S15. .2941 PEOPLE. PROCESS. BALANCE. INVISIONARCH.COM Page 207 of 315 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Red Cedar of Waterloo, Iowa, in the amount of $33,000 annually, in conjunction with entrepreneur and new business development assistance, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/30/2019 REVIEWERS: Department P1' m>n mg � r Reviewer 1 ven, 1ic.Ann Action Date Approved 8/1 /2C :05 1= ATTACHMENTS: Description Type D Agreement Back, : SUBJECT: Submitted by: Resolution approving a Professional Services Agreement with Red Cedar of Waterloo, Iowa, in the amount of $33,000 annually, in conjunction with entrepreneur and new business development assistance, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Red Cedar is a non-profit organization in the Cedar Value that focuses on entrepreneurship and new business start ups. They have started a network of resources for new businesses in the area and would like to work with the City Summary Statement: of Waterloo in their initiative to assist entrepreneurs in the area. There is an option for an additional 2 years of service from Red Cedar as a part of this contract for an additional $33,000 annually. Expenditure Required: $33,000 annually Source of Funds: Bonds Policy Issue: Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Legal Descriptions: N/A Page 208 of 315 New bisIIGRANT AGREEMENT IN SUPPORT OF RED CEDAR CV THIS GRANT AGREEMENT ("Agreement") is entered into as of this day of , 2019, by and between the City of Waterloo, Iowa, ("City") a municipality established pursuant to the Code of the State of Iowa and Red Cedar CV, an Iowa nonprofit corporation (hereinafter "Red Cedar"). WHEREAS, Red Cedar is an Iowa nonprofit corporation doing business in the City and organized for the purpose of assistant new businesses develop in the City, which contributes to economic development and job creation in the City as a whole; and WHEREAS, the City is willing to support Red Cedar through grant funding (the "Grant") in return for Red Cedar's creation of jobs and provision of resources and programming to businesses and entrepreneurs starting businesses in the City, in order to improve the pace of innovation and new business creation in the City; and WHEREAS, Red Cedar shall continue to operate its business in the City therein during the term of this Agreement and expend Grant funds for business development activities benefitting, at least in part, the City; and WHEREAS, Red Cedar and the City have reached agreement on the terms and conditions under which the project will be undertaken and the Grant provided, and now desire to reduce their agreement to writing. NOW, THEREFORE, BE IT MUTUALLY COVENANTED AND AGREED TO AS FOLLOWS: 1. Red Cedar Representations and Warranties. Red Cedar makes the following representations and warranties: a. Red Cedar is a non-profit corporation, duly organized and validly existing under Iowa Law. Red Cedar shall provide proof of tax-exempt status under the Internal Revenue Service Revenue Code prior to receiving Grant funding hereunder. b. Red Cedar shall continue to operate its business in the City therein during the term of this Agreement. c. Red Cedar shall operate its business and expend all Grant funds received from the City under this Agreement in compliance with all federal, state, and local laws, regulations, and ordinances, and shall not discriminate against any applicant, employee or funding recipient because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, or familial status. d. Red Cedar shall expend the Grant funds pursuant to the description of the Use of City Funds set forth in Exhibit D, which exhibit may be amended by written agreement of the parties. 2. Description of Project. In consideration for the Grants provided to Red Cedar pursuant to this Agreement, Red Cedar shall during the term of this Agreement undertake projects in accordance with the Red Cedar Plan of Work as described in Exhibit A, which furthers economic development within the City. For the purposes of this Agreement, projects that further economic development shall be those projects including but not limited to: a. Strengthening the economic well-being of the City by increasing taxable values and job opportunities; b. Enhancing the efficiency of operation and economic interrelationships of business in the City; Page 209 of 315 c. Integrating new development both functionally and aesthetically with existing development; and d. Preserve and create an environment which will protect the health, safety, and general welfare of the City. 3. Conditions Precedent to Grant Payments. a. Prior to and as a condition precedent to the City making the first annual Grant payment, Red Cedar shall provide the following documentation of its affairs to the City and the City shall find the documentation satisfactory, in the City's sole discretion: i. Proof of business entity status, including a copy of by-laws and articles of incorporation if applicable; ii. Complete information on the source and amount of funding received from all other sources, including but not limited to non -governmental agencies, membership dues and fees, and private contributions; iii. Names and addresses of directors and/or officers; iv. Line item budget for current fiscal year; and v. List of any additional pending applications for funding to include funding source and dollar amount requested.. b. Prior to and as a condition precedent to the City making the second and third Grant payments, Red Cedar shall annually provide, by June 15 preceding the respective Grant payment: i. Red Cedar's line item budget for the following year, including the line item supported by Grant funds, and ii. Proof or certification that each of the Initial Founding Members listed in Exhibit B has provided funding in substantial (as determined by the City in its sole discretion) compliance with the amounts listed in Exhibit B; and iii. Proof or certification that Red Cedar continues to operate in the City. c. Prior to and as a condition precedent to the City making the second and third Grant payments, Red Cedar shall have provided, by June 15 of the year preceding the respective Grant payment, an annual Report to the City detailing the following: i. Detailed accounting report of City -Grant funds expended since the date of this Agreement up until the date of the annual report. ii. List of all projects supported by the Grant funding received pursuant to this Agreement and identification of how each listed project was in accordance with the Red Cedar Plan of Work described in Exhibit A. iii. Specific occurrences of local, state, national and international recognition for Waterloo/Cedar Valley entrepreneur and innovation resources attributable to Red Cedar activities. iv. Details, as can be provided, of new strategic relationships developed with other businesses, entrepreneurs, and innovation 2 Page 210 of 315 institutions and resources that can be used to support Waterloo entrepreneurs and businesses. v. Number of entrepreneurs and businesses utilizing Red Cedar resources and programming, including details as can be provided, on the following but not limited to: type of company, industry served, growth potential, investment attracted, revenue growth, employment growth, wages paid, and business address. vi. Status update of the overall business climate for new business start-ups and new product development in the CedarValley. vii. Details of Waterloo -specific institutions and businesses supported directly or in partnership as part of Red Cedar's work. 4. i . For and in consideration of the obligations of Red Cedar as set forth herein, the City agrees to make a Grant of up to Ninety -Nine Thousand Dollars ($99,000) to Red Cedar made in three annual payments of Thirty -Three Thousand Dollars ($33,000). Each annual payment is subject to annual appropriation by the City Council and is conditioned upon Red Cedar's compliance with all applicable conditions precedent, as described in Section 3. Provided that Red Cedar has met all applicable conditions precedent and the City Council has appropriated for the Grant payment by each July 1, the annual payments shall be made on or before each July 15, as shown below: First Grant Payment: Second Grant Payment: Third Grant Payment: July 1 July 1 July 1 5. Time limitation of funding. The parties hereby acknowledge that the City is not committed or obligated to provide funds beyond the terms and conditions of this Agreement, and that any future project or program requires a separate request and is subject to City Council approval and execution of a separate written agreement. This Agreement does not prohibit Red Cedar from requesting additional financial support from the City for other activities associated with the Project in the City or in Cedar Valley. 6. City Seat on Red Cedar Governance Committe . The City shall have at least one reserved spot on the Red Cedar Governance Committee, an advisory committee with oversight responsibility for the Red Cedar budget and program of work. The Mayor shall designate the Liaison(s) to serve on this Governance Committee. The Red Cedar Board of Directors, shall be charged with planning for the appropriate expenditure of the Grant in accordance with this Agreement. 7. Indemnification and Liability. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Red Cedar agrees to protect and defend the City and the governing body members, officers, agents, servants, and employees thereof (hereinafter the "Indemnified Parties"), now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from any violation of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Red Cedar against the City to enforce its rights under this Agreement) or from the performance of Red Cedar employees, officers, directors, agents or volunteers, under this Agreement. 3 Page 211 of 315 The City, a municipal corporation under Iowa law, is self -insured subject to Chapter 670, Code of Iowa (Tort Liability of Governmental Subdivisions), which is the exclusive remedy for processing tort claims against the City. Nothing contained in this Agreement shall vary or modify in any manner any governmental immunity which any party to this agreement, or its officers, directors, employees, agents or volunteers, may enjoy under any statute or rule of law, except to the extent provided in Section 670.7, Code of Iowa (2017), with respect to the procurement of insurance, and then only to the extent stated in the insurance policy and only as to those exceptions contained in Section 670.4, Code of Iowa (2017). 8. Events of Default. If Red Cedar shall fail to substantially observe or perform any covenant, condition, or obligation under this Agreement, including but not limited to the obligation to disburse the entirety of the Grant funds under the conditions of this Agreement, ir - i t . . r - . f _ • -rnn-1 t t ul j r. ® .� . • t t - .lity• ti - .;f . - rf r c- .r , ul, - . • r . nc- • r. ctic. I c+ant- .I t- f•r t i • .rt .nt..I- r-.l c- - t c.nn.t f.un., a breach of this Agreement shall have occurred. If Red Cedar fails to perform any of its obligations under this Agreement, and fails to cure said breach within thirty (30) days after written notice from the City, the City may take any one or more of the following actions; a. Terminate this Agreement; b. Suspend its performance under this Agreement; or c. Take any legal or equitable action deemed appropriate to enforce Red Cedar's obligations under this Agreement it r ct t 9. Conflict of Interest. Red Cedar will make commercially reasonable efforts to ensure that no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to this Agreement during his or her tenure, or who is in a position to participate in a decision -making process or gain insider information with regard to any potential Projects, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with any Project that receives Grant funds. 10. Iowa Law Controlling. This Agreement shall be governed and construed under the laws of the State of Iowa. 11. Agreement . This Agreement shall constitute the entire agreement between the City and Red Cedar and supersedes all other written and oral agreements, discussions, and negotiations. Furthermore, the scope of this Agreement shall constitute the entire relationship between the City and Red Cedar and nothing herein shall be construed as the formation of a partnership entity between the City and Red Cedar. 12. Amendments. This Agreement may not be amended or assigned by either party without the express written permission of the other party. 13. Severability. In the event any term or provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect, to the extent the remainder can be given effect without the invalid provision... 14. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 4 Page 212 of 315 15. No i = - 1 i1 . No rights or privileges of either party hereto shall inure to the benefit of any third party, including those persons and entities served by Red Cedar, subcontractors of Red Cedar, and other Initial Founding Members, and no such third party shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. 16. - 1 I Date. This Agreement shall terminate and be of no further force or effect on and after June 30, 2021, unless terminated earlier under the provisions of this Agreement. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and Red Cedar caused this Agreement to be duly executed on or as of the day 2019 RED CEDAR CV CITY OF WATERLOO, IOWA By: By: Quentin Hart, Mayor Title: 5 Attest: Kelley Felchle, City Clerk Page 213 of 315 EXHIBITA Red Cedar Plan of Work The Red Cedar Plan of Work, which shall direct the scope of projects undertaken pursuant to this Agreement, includes: a. Create a supportive environment for entrepreneurship and innovation i. Develop a coordinated emphasis toward entrepreneurship and innovation in the Cedar Valley, designed to better leverage the innovation resources available through partner organizations including but not limited tothe City of Cedar Falls, Cedar Falls Utilities, the City of Waterloo, Techworks Campus, Grow Cedar Valley, the University of Northern Iowa, and Wartburg College. ii. Support the City of Waterloo to improve the City's resources and incentives available that support entrepreneurship and early -stage companies in Waterloo. iii. Continue to build relationships and work in coordination with other physical and programmatic entrepreneurial/innovation initiatives in and beyond the Cedar Valley. iv. More strongly connect entrepreneurs and early -stage companies with existing businesses and institutions around the Cedar Valley. v. Research and identify barriers to early -stage business growth in the Cedar Valley, working with regional partners to address issues as they are identified. b. Raise the profile of Waterloo and the Cedar Valley for entrepreneurship and innovation i. Create a new website and toolset used to co -promote and raise awareness of the entrepreneurial and innovation resources available in the Cedar Valley ii. Further connect Waterloo and the Cedar Valley to state and national entrepreneurship/innovation related activities (i.e. the Technology Association of Iowa and the Kauffman Foundation), and provide direct connections for local entrepreneurs and early -stage companies to these extended resources. iii. Create and promote internal success stories that build awareness and attraction to available Waterloo entrepreneurial resources, key partners, and the region as a whole. iv. Improve the outreach capabilities of the Cedar Valley region's educational institutions as they seek to improve our community entrepreneurship and innovation capacity. i. Improve access to capital for new and early -stage companies through the creation of a seed capital fund in the Cedar Valley. ii. Deliver targeted education/awareness programming designed to support the growth needs of entrepreneurs and early -stage companies, primarily focusing on (but not limited to) high -growth, technology -enabled businesses. Page 214 of 315 d. Organizational development i. Develop a sustainable business model for the on -going development and operations of Red Cedar, recognizing the need to minimize on -going dependency on public funding. 2 Page 215 of 315 Initial EXHIBIT B M s' tm Annual Contribution in: Member 2018 2019 2020 2021 City of Cedar Falls $33,000 $33,000 $33,000 $0 Cedar Falls Utilities $28,380 $28,380 $28,380 $0 University of Northern Iowa $15,000 $15,000 $15,000 $0 Wartburg College $7,500 $7,500 $7,500 $0 City of Waterloo $0 $33,000 $33,000 $33,000 Grow Cedar Valley $10,000 $10,000 $10,000 $0 Hawkeye Community College $5,000 $5,000 $5,000 $0 xecuti n ersi.n 1 Page 216 of 315 11,9010,110,90,91,10,1,1,11# 11111111 1111 Exhibit C Red Cedar 2019 Budget Irlli1111111111011111111111low Events, Programming & operations Public Sponsorship Private Sponsorship Total Revenue i(tidiii,1,1,1,1,1,1,1,1111,1,11,1,111111111 CY2019 Budget $227,889 $98,880 $106,000 $432,769 53% 23% 24`)/0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111 Staffing $109,800 25% Gross lease $123,847 29% Admin & Operations $100,142 23% Direct Event & Prog. Expenses $98,980 23% Execution Version 1 Page 217 of 315 Exhibit D Use of City Funds Description of Expenses Funds provided from the City will be used to support Red Cedar's overall Program of Work. The funds will be used directly to support the programming and entrepreneurial support that Red Cedar provides, including staffing, admin & operations and direct event & programming expenses. None of the funds however will be used to pay for any lease expense for physical locations not located within the boundaries of the City. xecutin ersin 1 Page 218 of 315 CITY OF WATERLOO Council Communication Resolution approving Development Agreement redevelopment of a site at the northwest corner foot commercial building with a minimum value authorize the Mayor and City Clerk to sign and City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Reviewer P inning & Zoning 1I icAnn. ATTACHMENTS: Description D Devekop r A.grcernent SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: with VI 2, LLC, (Randy Vandersee), in conjunction with of San Marnan Drive and Kimball Avenue, for a 3,000 square of $330,000, with tax rebates over an eight year period, and execute all said documents. Action .Approved Type �fiacku Date 8/1 /2( Resolution approving Development Agreement with VI 2, LLC, (Randy Vandersee), in conjunction with redevelopment of a site at the northwest corner of San Marnan Drive and Kimball Avenue, for a 3,000 square fo o t commercial building with a minimum value of $330,000, with tax rebates over an eight year period, and authorize the Mayor and City Clerk to sign and execute all said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve Development Agreement The City of Waterloo is working with Randy Vand ers ee for the redevelopment of the former Prestige Cleaners site for a new commercial building. As a part of the project, Mr. Vandersee will be working to add an additional access to the Peoples Square area, with a new curb cut off of Kimball Avenue. The tax rebate schedule included in the Development Agreement is calculated to repay Mr. Vandersee for this improvement, as it was not constructed in as a part of the Kimball Avenue reconstruction project. Tax Rebates NA Economic Development Infill Development Traffic Improvements Not approve The City of Waterloo recently expanded the San Marnan T I F District to Page 219 of 315 Background Information: include this site to help for its redevelopment. Staff is supportive of helping this site for redevelopment for a newer designed building to take advanatage of the multiple view location from the interior of Peoples Square, Kimball Avenue, and San Marnan Drive. The new access point being added to the site should also work to help the nearby building to the west for additional retail development. Legal Descriptions: In Development Agreement Page 220 of 315 Preparer: Christopher S. Wendland. P.O. Box 596. Waterloo, Iowa 50704 _ (19) 2 4- 5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, !A 50700. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2019, by and between VI 2, LLC "Company"), and the City of Waterloo, Iowa "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct improvements on property legally described on Exhibit "A" attached hereto, located at 1039 Peoples Square, Waterloo, Iowa (the "Property") in an area to be included in an amended San Marnan Development Plan urban renewal area. AGREEMENT EEMEf T NOW, THEREFORE, E, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company is the owner of the Property. Company shall demolish the current structure and construct on the Property a new commercial building of no less than 3,000 square feet, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall include a curb cut entrance at a mutually agreeable location on Kimball Avenue that will allow more direct ingress to and egress from the Property. 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. Parking shall meet City's minimum um requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval, as provided in Section 4 below. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, Page 221 of 315 in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make the Property usable as contemplated by this Agreement are collectively referred to as the ";Project". 2. Timeliness of Construction. 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 extend the development incentives provided for in this Agreement, and that without said commitment City would not do so. Company must obtain a demolition permit and demolish the current structure within six months from the date of this Agreement (the "Start Deadline") and thereafter promptly commence construction and substantially complete the Improvements within an additional twelve (12) months thereafter, or by such other date as the parties may mutually agree in writing (the "Completion Deadline'}). If Company has not taken action as described above, the Agreement may be cancelled at the sole option of City. If construction has not begun by the Start Deadline, but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of time for the construction of the Improvements. If development activity has commenced by the Start Deadline 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 substantially completed by the Completion Deadline 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 this Agreement shall be cancelled at the sole option of City. If City cancels the Agreement for any of the reasons stated in this paragraph, then City shall have no further obligation to Company hereunder. 3. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful 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 the Minimum Assessment Agreement (the «MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $330,000.00 ("Minimum Actual Value"), through: i) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; ii) a request to the assessor of Black Hawk County; or (Hi) 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 and deliver the MAA to City concurrently with execution and delivery of this Agreement. 4. Regulatory Approvals. Company acknowledges and agrees that the Property has a conditional zoning classification and that Project will require Company to obtain various approvals from the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, permitting, and other approvals required or necessary for the proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company agrees to work regularly and in good faith with City's Planning and Community Development office. Page 222 of 315 5. City Activities in Aid of Project. A. TIF Expansion. City will undertake all actions necessary for expansion of the San Marnan Development Plan urban renewal area and related tax increment financing district so that such area and district include the Property. City will complete such work no later than December 2019. S. Tax Rebates. City shall provide property tax rebates as set forth elsewhere in this Agreement. 6. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the MAA as set forth above, City agrees to rebate property taxes (with the exceptions noted below) as follows: Year one 80% Year Two 80% Year Three 70% Year Four 70% Year Five 60% Year Sic 60% Year Seven 50% Year Eight 50% for any taxable value over the taxable value of the land, which is $147,00.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. - To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given "Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the improvements due to partial completion of the Improvements or a partial tax year. 7. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. Page 223 of 315 B. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. C. During the period that any rebate is payable to Company under this Agreement, Company agrees that 1 it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. D. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that 1 it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 8. 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. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It 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. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Page 224 of 315 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing, E. There are no actions, suits ❑r proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 10. Indemnification and Releases; A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or 2 the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 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 t of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 90 days from the date this Agreement is approved by the City council. If such completion does riot occur, then this Agreement shall be deemed canceled and shall be null and void. 12. 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 Page 225 of 315 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. 13. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 14. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 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 319-291-4571, attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 5140 South Fork Lane, Waterloo, Iowa 50701, facsimile number: , attention: Randall D. Vandersee with a copy to Matthew M. Craft, Dutton, Daniels, Hines, Kalkhoff, Cook and Swanson, PLC, 3151 Brockway Road, Waterloo, IA 50701, facsimile number 319-234- 8029. 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. 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. Page 226 of 315 18. Severability. Each provision, section, sentence, clause, phrase, and word of this Agree ent 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, legal representatives, and future owners of the Property. 21. Counterparts. This Agreement ay 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. E tire Agreement. This Agreement, together with the MAA and other 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 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF VVATERLOO, IOWA VI 2, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Randall D. Vande see Managing Member 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 Page 227 of 315 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. RandaH D. Vanders e 2 EXHIBIT "A" Legal Description of Property KASPE, D ADDITION A REPLAT OF PART OF TRACT C GRANGERS SECOND ADDITION AND A PART OF VACATED WEST SAN MARNAN DR AND VACATED KIMBALL AVE LOT 2 EXC A PART OF LOT 2 DESC AS BEG AT NW COR SAID LOT 2, TH N 89 DEG 34 MIN 55 SEC E ALONG THE NLY LINE SAID LOT 2 118 FT, TH S 257.52 FT TO THE SLY LINE SAID LOT 2, TH N 88 DEG 28 MIN 33 SEC W ALONG THE SLY LINE 118.04 FT TO THE SVVLY COR SAID LOT, TH N ALONG VVLY LINE OF SAID LOT 253.50 FT TO PT OF BEG„ EXC KASPEND DITION PART OF LOT 2 DESC AS BEG AT NE COR LOT, TH S 74..66 FT TH S 11 DEG 28 MIN 20 SEC W 64.87 FT, T N 3 DEG 00 MIN 54 SEC E 138.33 FT TO N LINE LOT 2, 'TH N 88 DEG 55 MIN 59 SEC E4.9FTTO POB. 2 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of by and among the CITY OF WATERLOO, IOWA ("City"), VI 2, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). VVITNESSETH: 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 San Marnan Development Plan urban renewal 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 Page 228 of 315 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 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 $330,000.00 ("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, 2020. If it is not, then the parties agree to execute an a endment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimu Actual Value herein established shall be of no further force and effect, and this Mini um Assessment Agreement shall terminate, on December 31, 2037. 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, 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. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3, Co pany agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. 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. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. 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. CiTY OF WATERLOO, IOVVA VI 2, LLC By: Quentin M. Hart, ayor Y: Randall D. Vandersee Managing Member Page 229 of 315 Attest: 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 ofWaterloo, 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 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. NotaryPublic STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on D. Vandersee as Managing Member of VI 2, LILL.' 2 NotaryPublic ) , 2019, by Randall CERTIFICATION OF ASSESSOR Page 230 of 315 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 and building upon completion of the development shall not be less than Three Hundred Thirty Thousand Dollars ( 0,000.00) in the aggregate, 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 HAW Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 2 Page 231 of 315 CITY OF WATERLOO Council Communication Resolution approving Pretreatment Lagoon Controls Upgrade Contract with Automatic Systems of Ames, Iowa, in the amount of $36,510, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department ass t e an.:ae m..nent lllerk Office cc ATTACHMENTS: Description Automatic Systems ern..o to D . ..tom rm at>n SUBJECT: .ayor an. i ysternm.s Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer .an. Even., oposai. m:ty Co r )lntract Action A pprov cd. .Approved. Type C over Cover ov er, ackup m:rm.o Date 7/3 1 /2 ( ,,,,,,, i : 1.. 9 7/31.. /7. 0 , „ 4:09 Resolution approving Pretreatment Lagoon Controls Upgrade Contract with Automatic Systems of Ames, Iowa, in the amount of $36,510, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve Contract with Automatic Systems $36,510.00 Sewer Funds Page 232 of 315 /417/11(itic AUTOMATJC SYSTEMS CO. Mr. Brian Bowman Waterloo, IA WPCP 3000 Easton Avenue Waterloo, IA 50702 SUBJECT: Waterloo, IA WPCP Tyson Foods Pretreatment Lagoon Controls Upgrade July 15, 2019 Mr. Bowman, The following proposal is for the replacement of your existing Zetron telemetry equipment at your Pretreatment Lagoon. The Zetron units in the Blower Building and West Flow Monitoring Building will be replaced with Micrologix 1400 PLC's. The existing 800 Mhz Kenwood radios will be eliminated and all communications back to the plant will be via the existing Mediacom internet connection. Communications between the West Flow Monitoring Building and Blower Building will be via a new 900 Mhz unlicensed ethernet radio system. Installation of the coaxial cable and connectors are to be provided by the city. Our proposal includes equipment and services as detailed below. A One (1) Lagoon West Flow Monitoring Building Control Modifications as required for monitoring of the lagoon level and effluent flow and communications to the Blower Building. Proposed panel modifications shall be complete with removal of the existing Toshiba PLC, radio, Zetron unit, and replaced with a 24 Vdc power supply, MicroLogix 1400 PLC with ethernet communications, compact flash memory module, spread -spectrum unlicensed ethernet radio (mounted on existing shelf), lightning arrestor, fuses, terminals, and wireway. Separate mounted equipment to include a yagi-directional antenna, coaxial cable, and connectors. B One (1) Blower Building Control Modifications as required to monitor all points that are currently monitored by the Zetron telemetry unit and communications with the West Flow Monitoring Building. Proposed panel modifications shall be complete with removal of the existing Toshiba PLC, radio, Zetron unit, and replaced with a 24 Vdc power supply, MicroLogix 1400 PLC with ethernet communications, compact flash memory module, ethernet switch, spread -spectrum unlicensed ethernet radio, lightning arrestor, fuses, terminals, and wireway. Separate mounted equipment to include a yagi-directional antenna, coaxial cable, and connectors. MANUFACTURERS REPRESENTITIVES El MAIN OFFICE P.O. BOX 120359 BRANCH OFFICE P.O. BOX 787 o BRANCH OFFICE SYSTEMS INTEGRATION . INSTRUMENTATION ST. PAUL, MINNESOTA 55112 PHONE 651-631-9005 FAX (651) 631-0027 AMES, IOWA 50010 PHONE 515-232-4770 FAX (515) 232-0795 CHICAGO, ILLINOIS PHONE 815-927-3386 FAX (651) 631-0027 Page 233 of 315 C One (1) Professional Services to include engineering, SCADA and PLC programming services, and onsite field services to include panel modifications, start-up, and testing. The PLC programming will be modified to monitor all control points via the internet connection that are currently being monitored via the Zetron telemetry unit. D One (1) Update of existing Installation, Operation and Maintenance Manuals. Your net price for Items A through D, FOB factory with freight allowed to jobsite including one (1) year warranty from date of startup (not to exceed 18 months from date of sh ipment) S 36,5 0.00 plus tax if applicai le, The above price for Items A through D do s not include any: 1. Sales or use taxes. 2. Bond costs. 3. License fees or permits of any kind. 4. Replacement or programming modifications of the Interface located on the outdoor Tyson Control Panel. 5. Replacement or programming modifications to the existing ADI located at the Lagoon Blower Building. 6. Installation of the antennas and coaxial cables at the blower monitoring building. 7. Antenna poles or mounting masts. 8. Repair or replacement of existing instruments/field devices. existing Proface Operator SCADA Computer building and flow Thank you very much for the opportunity of providing you with the above proposal, should you wish to proceed with an order please sign on the space provided below and return a copy to this office. We look forward to hearing from you, should you have any questions please don't hesitate to give me a call. Sincerely, Travis Moran Automatic Systems Company Accepted by:, Line Item: Total Order Amount: Date: Quantity: Purchase Order Number: Page 234 of 315 ilf 111IJ1111111111J1))���� ;�� ro CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 July 31, 2019 Memo to Waterloo Mayor and City Council: RE: Waterloo Pretreatment Lagoon Controls Upgrade. Background Discussion: The City of Waterloo, Waste Management Service operates and maintains the Anaerobic Pretreatment Lagoon that serves Tyson Foods. Waste Management Services recently went through a significant upgrade to both its hardware and software at the Treatment Plant to upgrade its SCADA Capabilities. New hardware and software is required for the Lagoon Controls to communicate operating status of the Lagoon back to the Treatment Plant and to interface with the new SCADA System. Without these control parameters in place Waste Management is blind to system controls and has to rely on only a phone dialer for alarm conditions. If the phone system would to be lost conditions could be present to lose all alarm status and cause operations upsets or environmental concerns Recommended Action: It is recommended that the City Council approve the Contract with Automatic Systems for Lagoon Control upgrades in the amount of $36,510.00 Page 235 of 315 stentv Mr. Brian Bowman Waterloo, IA WPCP 3 000 Easton Avenue Waterloo, IA 50702 SUBJECT: Waterloo, IA WPCP Tyson Foods Pretreatment Lagoon Controls Upgrade July 15, 2019 Mr. Bowman, The following contract is for the replacement of your existing Zetron telemetry equipment at your Pretreatment Lagoon. The Zetron units in the Blower Building and West Flow Monitoring Building will be replaced with Micrologix 1400 PLC's. The existing 800 Mhz Kenwood radios will be eliminated and all communications back to the plant will be via the existing Mediacom internet connection. Communications between the West Flow Monitoring Building and Blower Building will be via a new 900 Mhz unlicensed ethernet radio system. Installation of the coaxial cable and connectors are to be provided by the city. Our contract includes equipment and services as detailed below. A One (1) Lagoon West Flow Monitoring Building Control Modifications as required for monitoring of the lagoon level and effluent flow and communications to the Blower Building. Proposed panel modifications shall be complete with removal of the existing Toshiba PLC, radio, Zetron unit, and replaced with a 24 Vdc power supply, MicroLogix 1400 PLC with ethernet communications, compact flash memory module, spread -spectrum unlicensed ethernet radio (mounted on existing shelf), lightning arrestor, fuses, terminals, and wireway. Separate mounted equipment to include a yagi-directional antenna, coaxial cable, and connectors. B One (1) Blower Building Control Modifications as required to monitor all points that are currently monitored by the Zetron telemetry unit and communications with the West Flow Monitoring Building. Proposed panel modifications shall be complete with removal of the existing Toshiba PLC, radio, Zetron unit, and replaced with a 24 Vdc power supply, MicroLogix 1400 PLC with ethernet communications, compact flash memory module, ethernet switch, spread -spectrum unlicensed ethernet radio, lightning arrestor, fuses, terminals, and wireway. Separate mounted equipment to include a yagi-directional antenna, coaxial cable, and connectors. MANUFACTURERS REPRESENTITIVES • SYSTEMS INTEGRATION • INSTRUMENTATION ❑ MAIN OFFICE P.O. BOX 120359 ST. PAUL, MINNESOTA 55112 PHONE 651-631-9005 FAX (651) 631-0027 ® BRANCH OFFICE P.O. BOX 787 AMES, IOWA 50010 PHONE 515-232-4770 FAX I AX (515 232-0795 O BRANCH OFFICE CHICAGO, ILLINOIS PHONE 815-927-3386 PAvR5 -a27315 i.. W li I 2 C One (1) Professional Services to include engineering, SCADA and PLC programming services, and onsite field services to include panel modifications, start-up, and testing. The PLC programming will be modified to monitor all control points via the internet connection that are currently being monitored via the Zetron telemetry unit. D One (1) Update of existing Installation, Operation and Maintenance Manuals. Your net price for Items A through D, FOB factory with freight allowed to jobsite including one (1) year warranty from date of startup (not to exceed 18 months from date of shipment) .. $ 36,510.00 plus tax if applicable. The above price for Items A through D does not include any: 1. Sales or use taxes. 2. Bond costs. 3. License fees or permits of any kind. 4. Replacement or programming modifications of the Interface located on the outdoor Tyson Control Panel. 5. Replacement or programming modifications to the existing ADI located at the Lagoon Blower Building. 6. Installation of the antennas and coaxial cables at the blower monitoring building. 7. Antenna poles or mounting masts. 8. Repair or replacement of existing instruments/field devices. existing Proface Operator SCADA Computer building and flow Thank you very much for the opportunity of providing you with the above contract, should you wish to proceed with an order please sign on the space provided below and return a copy to this office. We look forward to hearing from you, should you have any questions please don't hesitate to give me a call. Sincerely, Travis Moran Automatic Systems Company Accepted by: Date: Line Item: Quantity: Total Order Amount: Purchase Order Number: Page 237 of 315 CITY OF WATERLOO Council Communication Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, in an amount not to exceed $200,000, in conjunction with the Greenbelt Lake Improvements Project, with no required City match. City Council Meeting: 8/5/2019 Prepared: 7/24/2019 REVIEWERS: Department Reviewer Leisure Eery ce luting, P aul Clerk Office �,ve � 1.,cAnn ATTACHMENTS: Description I. f A.:p : 1.)raw i g o (rm ee.- :1111i. . Veil. SUBJECT: Action Date Approved 7/24./2... ,,,,,,, " :41 I A pprov 7 2.9 i ,,,,,,, i 0:26 A Type Cover Lover" c r .o Resolution authorizing submission of a Resource Enhancement and Protection (REAP) Grant application, in an amount not to exceed $200,000, in conjunction with the Greenbelt Lake Improvements Project, with no required City match. Submitted by: Submitted By: Todd Derifield, City Forester Recommended Action: Staff recommend authorization of application submission. Summary Statement: The $200,000 REAP grant, if awarded, will fund PHASE 1 of the Greenbelt Lake Improvements Project. This phase will include construction of a new ADA accessible fishing pier with associated paved connection, a series of fishing access points around the lake, and a pollinator planting project near the lake. If a REAP grant is funded, INRC O G will charge 1.5% of awarded REAP Expenditure Required: funding, not to exceed $1, 5 00. No matching funds are required for the grant itself. Source of Funds: Policy Issue: Capital Improvement Bond funds for Park Improvements would be used to fund the INR C O G grant writing fees. is • roject for ® . rov® ree . elt a e woulo t e of aterlo o trate tic ' la , trate ` " a, ta® . fac ®ties t at s ua ®ty of . lace." AHT S Architects are developing conceptual drawings and cost estimates for Background Information: this project. A preliminary drawing is attached showing Phase I and Phase II elements. The shelter structured pictured will be in a future phase. Page 238 of 315 AC S TION SCL DULE Acquisition Project Only) Code Parcel Number on Map or Photo # of Acres Estimated Date of Acquisition Average Price Per Acre Estimated Value of Land Acquisition without incidentals Estimated Value of Existing Improvements to be Acquired Total Cost TOTAL Parcels & Acres TOTAL Appraisal Costs Code: 1 Negotiated Purchase 2. Condemnation 3 Donation Survey Costs Other Incidental Costs Grant Total Land Acquisition Cost Overall Cost per Acre Including Incidental L6. SIGNAT I 5 Upon signing in the space provided below, the applicant agrees to conform with the requirements in the following two paragraphs pertaining to ADA/Section 504 accessibility guidelines and civil rights assurance. (City and County Projects Only) ASSURANCE OF COMPLIANCE WITH AMERICANS WITH DISABILITIES AND CIVIL RIGHTS ACTS I, the undersigned, certify that the City of Waterloo has reviewed Section 504 of the Rehabilitation Act of 1975, Title II of the American with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, and the Iowa Civil Rights Act of 1965, each Act as amended, and agrees to abide by all requirements from the Acts, associated regulations, guidance documents, and to any other related requirement imposed by federal or state law or the Iowa Department of Natural Resources, related to this project. Applicant -Recipient further agrees and gives full assurance that it will immediately take any and all measures necessary to effectuate the referenced laws and shall not, on the basis of race, color, creed, national origin, age, physical or mental ability, sex, sexual orientation, gender identity, religion, or retaliation, allow any person to be excluded from participation in, be denied the benefits of, or otherwise subject to discrimination under or from any project or activity undertaken by the Applicant -Recipient for which the Applicant -Recipient receives REAP grant dollars or other assistance from the Iowa Department of Natural Resources. This assura ce is binding on the Applicant -Recipient, its successors, transferees, and assignees, and the person or persons whose signature appears below are authorized to sign this assurance on behalf of the Applicant -Recipient. Mayor, City of Waterloo Applicant's Signat re and Date PRIVATE/PUBLIC G ANTS ONLY Applicant's Title Applicant's Signature and Date Applica t's Title 0612016 crnc 2 2„,,,9pf2.415 CITY COUNCIL OR COUNTY CONSERVATION BOARD APPROVAL (City and County Projects nly) I, the undersigned, certify that the City Council of Waterloo has on the date of reviewed this proposed project and approved its submittal for Resource E rihancement and Protection (REAP) grant consideration. Signature of Mayor Date COUNTY RESOURCE ENHANCEMENT COMMITTEE REVIEW/COMMENTS (Required for all grants) 1, the undersigned, verify that the Black Hawk County Resource Enhancement Committee reviewed the proposed project for which this application is submitted. If the committee provided comments, a summary of those comments has been signed and dated by me and attached to this application. Signature of Chair, County Reso rce Enhancement Committee Date For information on Cou ty REAP Committees, visit the REAP County Committee webpage. MINORITY IMPACT STATEMENT (Required for all grants) Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the State of Iowa which are due beginning January 1, 2009 shall a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. • Describe the positive i pact expected from this project: • indicate which group is impacted: • Women [1 Latinos LJ Persons with a Disability 0 Asians El :lacks Pacific Islanders 11111 American Indians E Alaskan Native Americans Other 0 The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons, • Describe the negative impact expected from this project: • Present the rationale for the existence of the proposed program or policy: • Provide evidence of consultation of representatives of the minority groups impacted: • indicate which group is impacted: Women ID Latinos 0 Persons with a Disability 0 Asians 111 Blacks El Pacific Islanders 0 American Indians 0 Alaskan Native Americans 0 Other The proposed grant project programs or policies are not expected to have a disproportionate or nique impact on minority persons. Present the rationale for determining no impact: The proposed project will be accessible to all persons regardless of age, sex, race, gender, or ability. The project will not impose a disproportionate or unique impact on any minority persons. I hereby certify that the information on this form is complete and accurate, to the best of my knowledge: Applicant's Signature and Date Mayor, City of Waterloo Applicant's Title 06/2016 cmc 4 co 7315 6 i= 444 0 The South Shore @ Greenbelt Lake, Waterloo, Iowa Page 241 of 315 CITY OF WATERLOO Council Communication Resolution approving an Airline Use Agreement with American Airlines of Fort Worth, Texas, for the occupancy of the Airline Passenger Terminal Building, and the lease of City/Airport owned ground support equipment (GSE), and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/25/2019 REVIEWERS: Department Airport Clerk Office ATTACHMENTS: Description 07 26 2019 P ai[1 Agreement SUBJECT: Reviewer ,,. aspari, Keith ,ven, t..,e/\.n try orAir m. Action Date Approved 7/2 5/20 :34 1 . Approv 7 2 9 2. i ,,,,,,, : Type Cover erno Resolution approving an Airline Use Agreement with American Airlines of Fort Worth, Texas, for the occupancy of the Airline Passenger Terminal Building, and the lease of City/Airport owned ground support equipment (GSE), and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Staff requests Council support for the approval of the agreement. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: This will be the first Airport and Airline Use agreement between the City / Airport, and American Airlines, since American Airlines began service to Waterloo on April 3, 2012. Historically, major airlines do not often times have a formal and written Airport - Airline Use Agreements, whereby they usually would just "agree to the fees" associated with landing fees, and terminal lease rent fees. For this request by Airport Staff, no expenditures will be required. This is a request for a Lease Agreement between the City / Airport, and of American Airlines. This agreement will allow airport staff, and due to the beginning of lease negotiations on or around May of 2018, to collect a contrast of fees that have already been invoiced, yet with the new agreement, collect fees due from July 1, 2018 to present day. This project and request by Staff, complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 3, and Strategy No: 3.1 and 3.4. Page 242 of 315 Alternative: Background Information: Legal Descriptions: There were no Alternatives as requested for this request by Airport Staff. For the first time since American Airlines began service in April of 2012, we now have a formal written "Use" agreement between the City and American Airlines. Staff expects a sizeable increase in revenue associated with this new agreement. In addition to the standard fees associated with aircraft landing fees, and terminal use fees, this new agreement will fold -in fees for terminal electrical utilities, aircraft fire training fees, fees for the parking of aircraft at the boarding gate area, fees for the twice daily use of the Passenger Boarding Bridge (PBB), baggage belt loader, aircraft deicing vehicle, ice machine, fuel for equipment used, and other fees to properly account for the Airport Staffs lease of, and use of, the terminal facility, and equipment used in the day-to-day operation of the Airline Station. Quick thank you to Dave Z ellho efer for his expertise, as Dave was key in assisting Airport Staff in reviewing all document language to ensure that it complies with City of Waterloo legal language requirements. Page 243 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" THIS AGREEMENT, made and executed this 1st day of July 2018 by and between the Waterloo Regional Airport, a department of the City Council of Waterloo, Iowa, and hereinafter referred to as "AIRPORT," and American Airlines, Inc., a Delaware Corporation, with Corporate Offices at 1 Skyview Drive, Fort Worth, Texas, 76155, and hereinafter referred to as "AIRLINE" or AA. WITN ESSETH : WHEREAS, Airport is responsible for the operation, maintenance, improvement and promotion of the Waterloo Regional Airport; WHEREAS, Airport has the right to lease the use of land, property and facilities on the Airport and has full power and authority to enter into this Agreement in respect thereof; and, WHEREAS, Airline is engaged in the business of transportation by air of persons, property, mail, parcels and/or cargo; and, WHEREAS, Airline desires to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities, and Airport is willing to grant and lease the same to Airline upon the terms and conditions hereinafter stated; and, WHEREAS, Airline and Airport agree to enter into this Agreement, specifying the rights and obligations of the parties with respect to the operation of the Airport by Airport, and the use and occupancy of the Airport by Airline; and, NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Airport and Airline do hereby mutually undertake, promise and agree, each for itself and its successors and assigns, asfollows: AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 1 of 32 7-1-2018 to 6-30-2020 FINAL Page 244 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 1 AGREEMENT DEFINITIONS The following words, terms and phrases wherever used in this Agreement shall be and for the purposes of this Agreement have the following meanings: Section 1.01 — Agreement Shall mean this Airline -Airport Use Agreement between Airport and Airline, as the same may be amended or supplemented from time to time pursuant to the terms hereof. Section 1.02 - Air Transportation Company Shall mean a company engaged in the business of scheduled or non-scheduled commercial transportation by air of persons, property, mail, parcels and/orcargo. Section 1.03 - Air Transportation Business Shall mean that business operated by Airline at the Airport for the commercial transportation by air of persons, property, mail, parcels and/or cargo. Section 1.04 - Aircraft Aprons Shall mean those parts of the Ramp Area that are used for the parking of Airline aircraft and support vehicles, and the loading and unloading of aircraft. Section 1.05 — Airfield Shall mean the landing area and Ramp Area, and other facilities supporting the activity of military, general aviation, and commercial aircraft operations. Section 1.06 — Airline Shall mean the Air Transportation Company executing this Agreement. Section 1.07 - Airline Premises Shall mean those areas in the passenger terminal assigned to Airline as Preferential Use Premises, or Joint Use Premises, as defined herein and shown on "Exhibits B" attached hereto. Section 1.08 — Airport Shall mean the Waterloo Regional Airport owned by the City of Waterloo, Iowa, including all real property and easements, improvements and appurtenances thereto, structures, buildings, fixtures, machinery, equipment, vehicles, supplies, and other tangible personal property or interest in any of the foregoing, now owned or hereafter leased or acquired by the City of Waterloo, Iowa, less any thereof which may be consumed, sold, or otherwise disposed of. Section 1.09 — Airport Director Shall include such person authorized in writing bythe City of Waterloo, and by the Office of the Mayor of Waterloo, Iowa, or applicable law to act on behalf of the Airport with respect to any or all matters pertaining to this Agreement. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 2 of 32 7-1-2018 to 6-30-2020 FINAL Page 245 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Section 1.10 — Airport Operations Area (AOA) Shall consist of all restricted ground areas of the airport, including taxiways, runways, loading ramps and aircraft parking areas. Section 1.11 - Chargeable Landings Shall mean those aircraft landings for which landing fees shall be due and payable by Airline, as set forth in this agreement. Section 1.12 - Deplaned Passenger Shall mean any revenue or non -revenue passenger deplaning at the Terminal, including any such passenger that shall subsequently enplane or board another aircraft of the same or a different Air Transportation Company. Section 1.13 - Enplaned Passenger Shall mean any revenue or non -revenue passenger enplaning or boarding at the Terminal, including any such passenger that previously disembarked from another aircraft of the same or a different Air Transportation Company or from the same aircraft, and then operating under a different flight number. Section 1.14 — FAA Shall mean the Federal Aviation Administration, an agency of the United States Department of Transportation. Section 1.15 — Hazardous Materials Shall mean any hazardous or toxic substance, material, or waste, including but not limited to those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table, (49 CFR 172.01), or by the United States Environmental Protection Agency as Hazardous Substances (40 CFR part 302), and all amendments thereto, petroleum products, or other such substances, materials, and wastes that are or become regulated under any applicable local, state, or federal law. Section 1.16 - Joint Use Premises Shall mean those areas, which may be assigned to one or more Air Transportation Companies, including the areas as maybe designated in this Agreement. Section 1.17 - Maximum Gross Landed Weight Shall mean the maximum gross certificated landing weight in one thousand pound units for which each aircraft operated at the Airport by Airline is certificated by the FAA. Section 1.18 — Non -Revenue Landing Shall mean any aircraft landing by Airline at the Airport for a flight for which Airline receives no revenue, and shall include an occasional ferry or emergency flight, which shall include any flight, that after having taken off from the Airport and without making a landing at any other airport, returns to land at the Airport because of meteorological conditions, mechanical or other operating cause/s, or any other reason of emergency orprecaution. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 3 of 32 7-1-2018 to 6-30-2020 FINAL Page 246 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Section 1.19 - Preferential Use Premises Shall mean those portions of the Terminal assigned to Airline, to which Airline shall have priority over all other users, including the areas as maybe designated in thisPgreement. Section 1.20 - Ramp Area Shall mean the aircraft parking and maneuvering areas, and shall include within its boundaries all Terminal AircraftAprons. Section 1.21 - Revenue Landing Shall mean any aircraft landing by Airline at the Airport for which Airline receives revenue. Section 1.22 - Scheduled Air Carrier Shall mean any Air Transportation Company performing or desiring to perform, pursuant to published schedules, non -seasonal commercial air transportation services over specified routes to and from the Airport and holding the necessary authority from the appropriate Federal or state agencies to provide such transportation. Section 1.23 - Substantial Completion Shall mean the date on which Airport's architects and/or engineers certify any premises at the Airport to be available for beneficial occupancy. Section 1.24 — Term Shall mean the period of time during which Airline activities at the Airport shall be governed by this Agreement, except as otherwise set forth herein. Said Term shall begin on the Effective Date, and, except as otherwise set forth herein, terminate on the date set forth in this Agreement. Section 1.25 — Terminal Shall mean the airline passenger terminal facilities at the Airport as they exist prior to and after completion of any improvements or expansion. Additional words and phrases used in this Agreement but not defined herein shall have their usual and customary meaning. No More Information This Page AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 4 of 32 7-1-2018 to 6-30-2020 FINAL Page 247 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 2 TERM This Agreement and all rights herein granted to Airline shall become operative, with and Effective Date of July 1, 2018 through June 30, 2020, unless earlier terminated as hereinafter provided. The parties may elect in writing to continue this Agreement after June 30, 2020, by the execution of amendment hereto including new "Exhibit A" containing agreed upon adjustments for conditions, rentals, fees and charges provided hereunder. ARTICLE 3 PREMISES Section 3.01 - Airline Premises — Airport does hereby lease and demise to Airline, and Airline does hereby lease and accept from Airport, the Preferential Use Premises and Joint Use Premises, as follows: 3.1.1 Preferential Use Premises — One Thousand Three Hundred Seventy Six (1,376) square feet of preferential use premises, as highlighted in Orange and Yellow, on "Exhibit B" incorporated herein by reference, and listed as follows: ➢ ORANGE: Approximately 543 Square Feet of Airline Station Office Operations, Station Manager's Office, and Airline Secure Storage (Station Office Supply Closet, Lost & Found Item Storage, Etc.); ➢ ORANGE: Approximately 442 Square Feet of Airline Ticket Counters ➢ YELLOW: Approximately 66 Square Feet for the Crew and Station Employee Restroom in the Baggage Make -Up Area; ➢ YELLOW: Approximately 325 Square Feet for the Outbound Ticket Counter Baggage Conveyor; and, 3.1.2 Baggage Make -Up Area (Premises) - Three Thousand Seven Hundred Twenty Six (3,726) square feet of Baggage Make - Up Space on the premises, as highlighted in Green, on "Exhibit B" incorporated herein by reference, and listed as follows: ➢ GREEN: Approximately 3,726 Square Feet of Baggage Make -Up Area, and Storage of Ground Support Equipment Vehicles, and miscellaneous De -Icing Fluid Totes; AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 5 of 32 7-1-2018 to 6-30-2020 FINAL Page 248 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" 3.1.3 Joint Use Space — For the term of this Agreement, and at the rental hereinafter stipulated, Airline shall have joint use of the following premises in common with any additional Air Transportation Company providing services to the Airport. The Joint Use Premises is Seven Thousand Eight Hundred and Ten (7,810) square feet as highlighted in Blue, Green and Yellow on "Exhibit B" incorporated herein by reference. > BLUE: Approximately 4,717 Square Feet of Check -Point Boarding Area; ➢ GREEN: Approximately 2,602 Square Feet of a Combination of Baggage Claim Area (1,116) square feet; and, Baggage Drop Area (1,486) square feet; and, ➢ YELLOW: Approximately 491 Square Feet of Space for Vestibule No: 1, for Boarding Gate 1. Section 3.02 - Employee Parking — Airport will make reasonable efforts to make available area(s) at the Airport for vehicular parking for Airline's personnel employed at the Airport; provided, however, such area(s) shall not be used for the storage of vehicles or trailers; and usage of the area(s) is subject to reasonable rules and regulations established by Airport. There will not be, during the term of this Agreement, fees applied to Airline for the parking of Airline tenant employees, yet Airline shall allow Airport to require of Airline Tenant Employees to display an Airport issued annual parking permit to ensure that only approved airport terminal tenant employees shall be allowed to use the employee parking facilities. Additionally, if required due to construction operations to the designated parking lot, Airline will require Airline tenant employees to relocate their vehicles to a location as designated by the Airport Director during the term of construction operations. Section 3.03 - Transfer of Operations — In the event new or expanded facilities are developed at the Airport, Airport shall give notice to the affected airline of the estimated Substantial Completion date at least one hundred and twenty days (120) prior thereto. The affected airline shall have the right to install in, such airline's Preferential Use Premises its own equipment and furnishings sixty days (60) prior to the estimated date of Substantial Completion or such other date as may be agreed to. Airline shall begin its operations from its new or expanded Airline Premises on the date of Substantial Completion thereof. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 6 of 32 7-1-2018 to 6-30-2020 FINAL Page 249 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 4 USE OF THE AIRPORT AND RELATED FACILITIES Section 4.01 -Airline Use and Privileges — In addition to all rights granted elsewhere in this Agreement, Airline shall have the right to use, in common with others so authorized by the Airport, areas, other than areas leased preferentially to others, facilities, equipment, and improvements at the Airport for the operation of Airline's Air Transportation Business and all activities reasonably necessary to such operations, including but not limited to: 4.1.1 The landing, taking off, flying over, taxiing, towing, and conditioning of Airline's aircraft and, in areas designated by the Airport Director, the extended parking, servicing, deicing, loading or unloading, storage, or maintenance of Airline's aircraft and supportequipment. Airline shall not permit the use of the Airfield by any aircraft operated or controlled by Airline which exceeds the design strength or capability of the Airfield as described in the FAA -Approved Airport Layout Plan (ALP), or other engineering evaluations performed subsequent to the current ALP, including the Airport Certification Manual, as may be amended from time to time. 4.1.2 The sale of air transportation tickets and services, the processing of passengers and their baggage for air travel, the sale, handling, and providing of mail, freight, and express services, and reasonable and customary airline activities. 4.1.3 The training of personnel in the employ of or to be employed by Airline at the Airport in the operation of Airline's Air Transportation Business; provided, however, said training and testing shall be incidental to the use of the Airport in the operation by Airline of its Air Transportation Business and shall not unreasonably hamper or interfere with the use of the Airport and its facilities by others entitled to the use of same. The Airport reserves the right to restrict or prohibit such training and testing operations which it deems to interfere with the use of the Airport. 4.1.4 The purchase at the Airport or elsewhere, of fuels, lubricants, and any other supplies and services, from any person or company, subject to the Airport's right to require that each provider of services and/or supplies to Airline secures a permit (Airport Agreement) from Airport to conduct such activity at the Airport, pays required fees, and abides by all reasonable rules and regulations established by Airport. Airport shall impose no discriminatory limitations or restrictions on purchases, provided, however, nothing herein shall be construed to permit Airline to store aviation fuels at the Airport. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 7 of 32 7-1-2018 to 6-30-2020 FINAL Page 250 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" 4.1.5 The installation and maintenance, at Airline's sole cost and expense, of identifying signs in Airline's Preferential Use Premises subject to the prior written approval of the Airport. The general type and design of such signs shall be compatible with and not detract from the pattern and decor of the Terminal areas. Nothing herein shall be deemed to prohibit Airline's installation on the walls behind ticket counters identifying and company logo signs as are customarily installed by Airline in such areas at comparable airport facilities. 4.1.6 The installation, maintenance, and operation, at no cost to Airport, of such radio communication, computer, meteorological and aerial navigation equipment, and facilities on Airline's Preferential Use Premises as may be necessary or convenient for the operation of its Air Transportation Business; provided, however, that such installations shall be subject to the prior written approval of the Airport Director. Prior to any written approval, Airline shall provide the Airport Director with all necessary supporting documentation related to such installations. 4.1.7 The installation of personal property including furniture, (except as donated by the Airport), furnishings, supplies, machinery, and equipment, in Airline's Preferential Use Premises as Airline may deem necessary or prudent for the operation of its Air Transportation Business. Title to Airline's personal property, shall remain with Airline, subject to the provisions of this Agreement. The construction of modifications, finishes, and improvements in Preferential Use Premises as Airline may deem necessary or prudent for the operation of its Air Transportation Business. 4.1.8 Ingress to and egress from the Airport and Airline Premises for Airline's officers, employees, agents, and invitees, including passengers, suppliers of materials, furnishers of services, aircraft, equipment, vehicles, machinery, and other property. Such right shall be subject to Transportation Security Administration (TSA) regulations, applicable laws, and the Airport's right to establish rules and regulations governing (1) the general public, including Airline's passengers, and (2) access to non-public areas at the Airport by Airline's employees, suppliers of materials, and furnishers of services; provided, however, any such rules and regulations of the Airport shall not unreasonably interfere with the operation of Airline's Air Transportation Business, nor shall such rules and regulations conflict with any provisions of this Agreement. Further, Airport reserves the right to, from time -to -time; temporarily or permanently restrict the use of any roadway or other area at the Airport. In the event of such restrictions, and if necessary, Airport shall ensure the availability of a reasonably equivalent means of ingress and egress. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 8 of 32 7-1-2018 to 6-30-2020 FINAL Page 251 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" 4.1.9 Except as may subsequently be provided in a separate agreement, Airline shall not maintain or operate in the Terminal or elsewhere at the Airport a cafeteria, restaurant, bar, or cocktail lounge for the purpose of selling food and beverages to the public or to Airline's employees and passengers. Nothing in this paragraph shall prohibit Airline from installing or maintaining appliances or vending machines in its non-public Preferential Use Premises for the sole use of Airline's employees, the type, kind, and locations subject to the reasonable approval of the Airport Director. 4.1.10 Airline may, subsequent to fees as described in Exhibit A, use the Airport's public address system, it being understood that Airport shall provide all connections to said system, with Airport being responsible for all repairs of such system as maybe necessary. 4.1.11 The right from time -to -time, but not as a regular course of business, to provide services for other certified airlines or aircraft, pending Airport Director's approval, insofar as the said right may be incidental to the Airline's operation or reciprocal agreements require the Airline to service other certified airlines or such services will benefit the growth and well-being of the Airport. It shall be understood and agreed to in this section shall not be construed as authority to conduct a separate business by the Airline or to provide services currently available through Airport concessionaires. 4.1.12 The rights and privileges granted to Airline pursuant to this Article 4 may be exercised on behalf of Airline or Airlines contractors authorized by Airport to provide such services at the Airport, subject to the prior written approval of Airport, in the form of a motion, and further subject to all laws, rules, regulations, and fees and charges as may be applicable to the activities undertaken. Section 4.02 — Airport and Privileges — Airport, in addition to any rights herein retained by it, reserves the following privileges, to - wit: 4.2.1 Airport shall have the right to further develop or improve the landing area and other portions of the airport as it sees fit, and in compliance with all applicable Federal and State rules and regulations; however, Airport shall consult with Airline regarding any improvements, which in the opinion of the Airport, may effect Airline's operations. 4.2.2 Airport shall have the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions. 4.2.3 Airport shall have the right during time of war, or national emergency, to lease the Airport, or any part thereof, to the United States Government for military or national use. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 9 of 32 7-1-2018 to 6-30-2020 FINAL Page 252 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" 4.2.4 It is expressly understood and agreed between the parties hereto that said rights and privileges herein granted are non-exclusive; and that Airport hereby reserves the right to enter into agreements with any other individual, company or corporation, if it so desires, for engaging in like activity at said Airport. Section 4.03 - Exclusions and Reservations 4.3.1 Nothing in this Article 4 shall be construed as authorizing Airline to conduct any business separate and apart from the conduct of its Air Transportation Business. 4.3.2 Airline shall not knowingly interfere or permit interference with the use, operation, or maintenance of the Airport, including but not limited to, the effectiveness or accessibility of the drainage, sewerage, water, communications, fire protection, utility, electrical, or other systems installed or located from time to time at the Airport; and Airline shall not engage in any activity prohibited by the Airport's existing or future Noise Abatement Procedures. 4.3.3 As soon as possible after release from proper authorities, Airline shall remove any of its disabled aircraft from the landing area and apron area, and shall place any such disabled aircraft only in such storage areas as may be designated by the Airport Director, and shall store such disabled aircraft only upon such terms and conditions as may be established by Airport; provided, however, Airline shall be requested to remove such disabled aircraft from Aircraft Apron(s) if deemed necessary. In the event Airline shall fail to remove any of its disabled aircraft as expeditiously as possible, Airport may, but shall not be obligated to, cause the removal of such disabled aircraft; provided however, Airport shall give Airline prior notice of its intent to remove such disabled aircraft, and Airport shall use reasonable efforts to remove such aircraft. Airline shall pay to Airport, upon receipt of invoice, the costs incurred for such removal plus twenty-five percent(25%). 4.3.4 Airline shall not do or permit to be done anything, either by act or failure to act, that shall cause the cancellation or violation of the provisions, or any part thereof, of any policy of insurance for the Airport, or that shall cause a hazardous condition so as to increase the risks normally attendant upon operations permitted by this Agreement. If such Airline act, or failure to act, shall cause cancellation of any policy, then Airline shall immediately, upon notification by Airport, do whatever shall be necessary to cause reinstatement of said insurance. Furthermore, if Airline shall do or permit to be done any act not permitted under this Agreement, or fail to do any act required under this Agreement, regardless of whether such act shall constitute a breach of this Agreement, which causes an increase in the Airport's insurance premiums, Airline shall immediately remedy such actions and/or pay the increase in premiums, upon notice from Airport to do so; but in any event, Airline will hold Airport harmless for any expenses and/or damage resulting from any action as set forth in this paragraph. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 10 of 32 7-1-2018 to 6-30-2020 FINAL Page 253 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" 4.3.5 Airline shall immediately notify Airport in writing of any enforcement, clean-up, removal or other governmental or regulatory action instituted, completed or threatened pursuant to environmental laws governing hazardous material or related concerns; and, any claim made or threatened with respect to Airline's operation at the Airport by any person or persons against the Airline or Airline's activities at the Airport, or the condition of the Airlines' Premises relating to damage, contribution, cost recovery compensation, loss or injury resulting from or claimed to result from the presence of hazardous material; and reports to any environmental agency or governmental authority arising out of or in connection with the delivery to, storage on or removal from airlines' Premises of hazardous material, including any complaints, notices, warnings or asserted violations in connection therewith. Airline Station personnel shall provide the Airport Director with copies of all documentation related to the foregoing. 4.3.6 Airport may, at its sole option, install or cause to be installed advertising and revenue generating devices, including vending machines, in Joint Use Premises; provided, however, that such installations shall not unreasonably interfere with Airline's operations authorized hereunder or substantially diminish the square footage contained in Airline Premises. 4.3.7 The rights and privileges granted Airline pursuant to this Article 4 shall be subject to any and all reasonable Aeronautical Minimum Standards, and Airport Rules and Regulations as established by Airport, and/or as may be established or amended from time to time; provided, however, if there shall be any conflict between such Airport Rules and Regulations, and the express terms of this Agreement, the terms of this Agreement shall control. No More Information This Page AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 11 of 32 7-1-2018 to 6-30-2020 FINAL Page 254 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 5 OPERATION AND MAINTENANCE OF THE AIRPORT Section 5.01 - Airport Obligations 5.1.1 Airport shall, with reasonable diligence, prudently develop, improve, and at all times maintain and operate the Airport with adequate qualified personnel and keep the Airport in good repair, unless such maintenance, operation, or repair shall be Airline's obligation pursuant to Section 5.02, in addition to the language as agreed to in Section 4.2.1. 5.1.2 Airport shall keep the Airport and its aerial approaches free from ground obstructions for the safe and proper use thereof by Airline. 5.1.3 Airport shall not be liable to Airline for temporary failure to furnish all or any of such services to be provided in accordance with this Section 5.01 when due to mechanical breakdown or any other cause beyond the reasonable control of Airport. Section 5.02 - Airline Obligations 5.2.1 Airline shall maintain the non-structural, non -mechanical interior of its premises, painting, decorating, and remodeling as it sees fit. Airline shall, at its own expense, repair damage to buildings/equipment, (structural, non-structural or mechanical) ordinary wear and tear expected, caused by the acts of Airline, or any other entity, for which the Airline is legally liable. Airline, at its own expense, shall arrange for the removal and disposal of wastes from its aircraft. 5.2.2 Airline shall, at all times and at its own expense, preserve and keep Airline Premises in an orderly, clean, neat, and sanitary condition; provided, however, this requirement shall not be construed to mean Airline shall have janitorial responsibilities designated to be those of Airport. 5.2.3 Should Airline fail to perform its material obligations herein, Airport shall have the right to enter the Airline Premises and perform such activities; provided, however, other than in a case of emergency, Airport shall give to Airline reasonable advance written notice of non-compliance, not to exceed ten (10) Days, prior to the exercise of this right. If such right is exercised, Airline shall pay to Airport, upon receipt of invoice, the cost of such services plus twenty- five percent (25%). 5.2.4 Airline shall, when the Station Manager is out of town, either on business or leisure travel, advise the Airport Director who will be serving as Acting Station Manager while he/she is out of town, including contact information, for their ability to respond to airline emergencies. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 12 of 32 7-1-2018 to 6-30-2020 FINAL Page 255 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 6 RENTALS, FEES AND CHARGES Airline agrees to pay Airport for the use of the premises, facilities, rights, licenses, services and privileges granted hereunder, the rental, fees, and charges within and as set forth in "Exhibit A" of this Agreement. Upon termination of this Agreement, as herein provided, the entire rental, fees and charges stated for specific periods (i.e. per day, month, per year) shall be prorated to the date of termination. Section 6.01 - Terminal Rentals. Facilities. and Services Fees — Payment of Terminal Rentals, Facilities and services as specified in "Exhibit A" attached hereto shall be paid thirty (30) days from invoice date. Airline acknowledges that the Leased Premises are designed to provide standard airport facilities suitable for Airline to provide scheduled commercial air transportation. Airline shall not use any equipment or devices that utilize excessive electrical energy or which may, in Airport's reasonable opinion, overload the wiring or interfere with electrical services to Airline's current operations, or other Airport tenants. Section 6.02 - Apron Fees — From and after the effective date hereof, daily apron fees for the use of parking Airline's aircraft, ground support equipment and vehicles shall be charged on a daily basis for each aircraft, support equipment or vehicle parked on the ramp. Section 6.03 - Landing Fees — From and after the effective date hereof, Airline shall pay monthly to Airport fees for chargeable landings for the use of the airport. Chargeable landings shall be represented by a landing fee rate based upon the "FAA certificated Maximum Gross Landing Weight" (MGLW), with a landing fee rate as shown in "Exhibit A", of each of Airlines scheduled, charter, diversionary or extra section of scheduled flights each month, excepting non - revenue or emergency landings. 6.03.01 - Monthly Flight Records: Airline shall furnish to the Airport Director, or his/her designee, on or before the tenth (10th) day of each month hereafter, duly certified as true and correct by the person delegated by Airline, the number of its scheduled or chargeable landings at the Waterloo Regional Airport during the preceding month, together with the manufacturer, type, official certificated FAA Maximum Gross Landing Weight (MGLW), enplaned and deplaned passengers, as aforesaid, of each scheduled or chargeable landing. These scheduled and/or chargeable landings, as shown on the record shall be added and calculated together to determine the applicable landing fees for the month as shown in "Exhibit A". AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 13 of 32 7-1-2018 to 6-30-2020 FINAL Page 256 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" 6.04 -Aircraft Rescue and Fire Fighting (ARFF) Training — Airline shall reimburse Airport for Fifty (50) percent of the annual cost of recurrent training for the Aircraft Rescue and Fire Fighting department to comply with Federal Aviation Regulations (F.A.R.) 139.319(I)(3). Said training shall be accomplished annually with an FAA certified ARFF school or with the Mobile Aircraft Fire Trainer (MAFT), owned and operated by the University of Missouri, or other FAA -certified training agency. The cost of said required annual training shall be divided equally between each Air Transportation Company providing scheduled commercial passenger air service and the Airline, with annual cost to Airline not to exceed One Thousand Dollars ($1,000.00) per year per Air Transportation Company. Section 6.05 —Airport Operations Area (AOA). ARFF. Safety and Security Fee — Airline shall pay monthly a Safety, Security and Airport Operations Area (AOA fee equal to $1.00 per enplaned and $1.00 per deplaned passenger. Said fees shall be utilized to assist Airport Rescue and Fire -Fighting services, law enforcement services, and AOA operations related to operational costs incurred by the Airline operations at Waterloo Regional Airport, as described in ExhibitA (4-K). 6.05.01 — Monthly Airline Station Passenger Report — Airline shall furnish to the Airport Director, or his/her designee, on or before the tenth (10th) day of each month hereafter, duly certified as true and correct by the person delegated by Airline, the number of its enplaned and deplaned, revenue and non -revenue passengers, cargo, mail and parcels at the Waterloo Regional Airport during the preceding month. The monthly Airline Station Report and related Enplaned and/or Deplaned passengers shown on the report shall be added together to determine the applicable AOA/ARFF/Safety/Security fees. Section 6.06 - Additional Services — In the event there is an incident involving Airline company aircraft, equipment, personnel or facilities, and which results in the response of emergency personnel to assist the Airport in managing the incident, and for which there is a billing by the responding units, the Airline shall either pay the cost directly or reimburse the Airport for payment. Section 6.07 - Remittance of Fees — All remittances for fees under this Agreement shall be paid thirty days (30) from invoice date and made payable to the Waterloo Regional Airport, and remitted to the office of the Airport Director at Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa, 50703. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 14 of 32 7-1-2018 to 6-30-2020 FINAL Page 257 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Section 6.08 - Late Payment — The fees as established by this Agreement shall be paid as of the established due date. Any undisputed unpaid portion of said rental, fees and charges which remains unpaid over thirty (30) days after the established invoice date shall bear interest at the rate of one (1.0%) percent per month, or that allowed by applicable law, whichever is less, from the invoice date until paid. Section 6.09 - Exempt Charges — No rentals, fees, licenses, excise or operating taxes, tolls or other charges except those herein expressly provided shall be charged against or collected, directly or indirectly, from Airline, or those authorized under this Agreement, provided however, that if Airline requests and receives from Airport any additional services not specified in this Agreement. Or, if Airline changes its schedule in a manner which requires Airport to perform Airport Rescue Fire Fighting (ARFF) standby services under this Agreement at an increased cost to the Airport, Airline shall reimburse Airport for the cost of such special service or such excess costs for the performance of normal services. Nothing herein shall be construed to prevent the Airport from charging persons, other than Airline, fees for the privilege of operating concessions for the purpose of selling products or furnishing to the public upon the Airport. Section 6.10 -Default for Failure to Pay Fees — In the event Airline fails to pay any fees hereunder within thirty (30) days after it shall become due, the time of such payment expressly agreed to be of the essence in this entire Agreement, Airport may, at its option, and upon thirty (30) days written notice to Airline (unless in such thirty (30) Day period, Airline shall have corrected such failure to pay), cancel this contract. If Airport is obligated to participate in any court proceedings in order to enforce any of its rights under this paragraph, or to collect its rental, fees, or charges, Airport, if successful in pursuing such litigation shall be entitled to an additional amount in such sum as any Court of Record, having competent jurisdiction shall determine as reasonable attorney's fee. The Airline, if successful in defending such litigation shall be entitled to an amount in such sum as any Court of Record, having competent jurisdiction shall determine as reasonable attorney's fee. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 15 of 32 7-1-2018 to 6-30-2020 FINAL Page 258 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 7 DAMAGE OR DESTRUCTION Section 7.01 - Partial Damage — If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be partially damaged by fire or other casualty, but said circumstances do not render any portion of Airline Premises unusable as reasonably determined by Airport, the same shall be repaired to usable condition with due diligence by Airport as hereinafter provided and limited. No abatement of rentals shall accrue to Airline so long as the entire Airline Premises remain tenantable. Section 7.02 - Substantial Damage — If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be so extensively damaged by fire or other casualty as to render any portion of said Airline Premises unusable but capable of being repaired, as reasonably determined by Airport, the same shall be repaired to usable condition with due diligence by Airport as hereinafter provided and limited. In such case, the rentals payable hereunder with respect to Airline's affected Airline Premises shall be paid up to the time of such damage and shall thereafter be abated equitably in proportion as the part of the area rendered unusable bears to total Airline Premises until such time as such affected Airline Premises shall be restored adequately for Airline's use. Airport shall use its best and including all reasonable efforts to provide Airline with alternate facilities to continue its operation while repairs are being completed, at a rental rate not to exceed that provided for in this Agreement for comparable space. Section 7.03 - Destruction 7.3.1 If any part of Airline Premises, or adjacent facilities directly and substantially affecting the use of Airline Premises, shall be damaged by fire or other casualty, and is so extensively damaged as to render any portion of said Airline Premises incapable of being repaired, as reasonably determined by Airport, Airport shall notify Airline within a period of forty-five (45) days after the date of such damage, of its decision whether to reconstruct or replace said space; provided, however, Airport shall be under no obligation to replace or reconstruct such premises. The rentals payable hereunder with respect to affected Airline Premises shall be paid up to the time of such damage and thereafter shall abate until such time as replacement or reconstructed space becomes available for use by Airline. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 16 of 32 7-1-2018 to 6-30-2020 FINAL Page 259 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" 7.3.2 In the event Airport elects to reconstruct or replace affected Airline Premises, Airport shall provide Airline with alternate facilities to continue its operation while reconstruction or replacement is being completed at a rental rate not to exceed that provided for in this Agreement for comparable space. 7.3.3 In the event Airport elects to not reconstruct or replace affected Airline Premises, Airport shall meet and consult with Airline on ways and means to permanently provide Airline with adequate replacement space for affected Airline Premises. In such event, Airport agrees to amend this Agreement to reflect related additions and deletions to Airline's Premises. Section 7.04 - Damage Caused By Airline — Notwithstanding the provisions of this Article 7, in the event that due to the negligence or willful act or omission of Airline, its employees, its agents, or licensees, Airline Premises shall be damaged or destroyed by fire, other casualty or otherwise, there shall be no abatement of rent during the repair or replacement of said Airline Premises. To the extent that the costs of repairs shall exceed the amount of any insurance proceeds payable to Airport by reason of such damage or destruction due to the negligence or will act or omission of Airlines, its employees, agents or licensees, Airline shall pay the amount of such additional costs to Airport. Section 7.05 - Airport's Responsibilities — Airport acting on behalf of the City of Waterloo, Iowa, shall maintain reasonable and customary levels of insurance; provided, however, that Airport's obligations to repair, reconstruct, or replace affected premises under the provisions of this Article 7 shall in any event be limited to restoring affected Airline Premises to substantially the same condition that existed at the date of damage or destruction, including any subsequent improvements made by Airport, and shall further be limited to the extent of insurance proceeds and other funds available to Airport for such repair, reconstruction, or replacement; provided further that Airport shall in no way be responsible for the restoration or replacement of any Equipment, furnishings, property, real improvements, signs, or other items installed and/or owned by the Airline in accordance with this Agreement, unless Airline proves that damage is caused by negligence or willful act or omission of Airport, its officials, agents, or employees acting with the course or scope of their employment. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 17 of 32 7-1-2018 to 6-30-2020 FINAL Page 260 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 8 CANCELLATION Section 8.01 — By Airport — Airport may cancel this Agreement without forfeiture, waiver, or release of Airport's rights under the provisions of this Agreement by giving Airline ninety (90) days advance written notice, in the event of the happening of any one, or more of the following contingencies: 8.1.1 The filing by Airline of voluntary petition in bankruptcy. 8.1.2 The institution of proceedings in bankruptcy against Airline and the adjudication of Airline as bankrupt pursuant to such proceedings. 8.1.3 The taking by court of jurisdiction of Airline and its assets pursuant to proceedings brought under the provisions of any Federal Reorganization Act. 8.1.4 The appointment of a receiver of Airline assets. 8.1.5 The divestiture of Airline's estate herein by other operation law. 8.1.6 The abandonment by Airline of its conduct of air transportation at the airport for a period of sixty (60) days. 8.1.7 Airline should be prevented by a final action of any federal or state authority having jurisdiction over the Airport, or Airline from conducting and operating its transportation system for the carriage of persons, property, and mail by aircraft at the Airport for a period of sixty (60) consecutive days. 8.1.8 Airline shall fail to perform, keep, and observe any of the terms, covenants and conditions herein contained on the part of the Airline to be performed, kept, or observed. Section 8.02 — No waiver of default by Airport of any of the terms, covenants or conditions hereof to be performed, kept and observed shall be construed to be, or act as a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained to be performed, kept and observed by Airline. The acceptance of rental, fees, and charges by Airport for any period, or periods, after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Airline, shall not be deemed a waiver of any right on the part of Airport to cancel this Agreement for failure by Airline to so perform, keep, or observe, any of the terms, covenants or conditions of this Agreement. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 18 of 32 7-1-2018 to 6-30-2020 FINAL Page 261 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Section 8.03 — By Airline — Airline may cancel this Agreement by giving Airport ninety (90) days advance written notice, in the event of the happening of any one, or more of the following contingencies, providing, however, Airline is not in arrears in payment to Airport of the fees as provided herein, and has complied with all the terms, conditions and covenants contained in this contract. 8.3.1 The permanent abandonment of the Airport. 8.3.2 The issuance, by a court of competent jurisdiction, of an injunction substantially preventing, or restraining, the use of the airport, and the remaining in force of such injunction for at least sixty (60) days. 8.3.3 The inability of Airline to use, for a period in excess of sixty (60) days, the Airport or any of the premises, facilities, rights, licenses, services or privileges provided to Airline hereunder, because of fire, explosion, earthquake, other casualty, Acts of God, or the public enemy, provided that same is not caused by negligence of willful acts, on the part of Airline. 8.3.4 The lawful assumption by the United States Government, the State of Iowa, or any authorized agency of either, of the operation, control, or use of the Airport and facilities, or any substantial part or parts thereof, in such a manner as to substantially restrict Airline, for a period of at least sixty (60) days, from operating thereon for the carrying of passengers and/or cargo. 8.3.5 The default by the Airport in the performance of any covenants or agreement herein required to be performed by Airport, and the failure of Airport to remedy such default for a period of sixty (60) days after receipt from Airline of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if Airport shall have remedied the default prior to receipt of Airline's notice of cancellation. 8.3.6 The suspension, or substantial modification, for a period in excess of one hundred twenty (120) days for the revocation of the operating authority of Airline to service the airport by final order of any governmental agency, federal, or state, which has jurisdiction over Airline. 8.3.7 Airline shall have the right to terminate this Agreement upon one hundred twenty (120) days written notice, contingent upon Essential Air Service (EAS) policies as set forth in the deregulation Act of 1978, as amended. Section 8.04 — Airline's performance of all, or any part, of this Agreement for, or during any period or periods after a default of, any of the terms, covenants, and conditions herein contained to be performed, kept, and observed by Airport, shall not be deemed a waiver of any right on the part of Airline to cancel this Agreement for failure by Airport to so perform, keep or observe any of the terms, covenants, or conditions hereof to be performed, kept and observed. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 19 of 32 7-1-2018 to 6-30-2020 FINAL Page 262 of 315 CITY OF WATERLOO, IOWA - WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" No waiver of default by Airline of any of the terms, covenants, or conditions hereof to be performed, kept and observed by Airport shall be construed to be or act as a waiver by Airline of any subsequent default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Airport. ARTICLE 9 SURRENDER OF AIRLINE PREMISES Section 9.01 - Surrender and Delivery — Upon termination or cancellation of this Agreement, Airline shall promptly and peaceably surrender to Airport its Airline Premises and all improvements thereon to which Airport is entitled in good and fit condition, reasonable wear and tear, damage due to casualty and the obligations of Airport excepted. Section 9.02 - Removal of Property — Provided Airline is not in default for payment of rentals, fees, and charges hereunder, Airline shall have the right at any time during the Term of this Agreement to remove from the Airport its aircraft, tools, equipment, trade fixtures, and other personal property, title to which shall remain in Airline, unless otherwise set forth in this Agreement, and shall remove such aircraft, tools, equipment, trade fixtures, and other personal property within fifteen (15) business days following termination of this Agreement, whether by expiration of time or otherwise, as provided herein, subject to any valid lien which Airport may have thereon for unpaid rentals, fees, and charges. Airline shall not abandon any portion of its property at the Airport without the written consent of Airport. Any and all property not removed by Airline within fifteen (15) business days following the date of termination of this Agreement shall, at the option of Airport, (i) become the property of Airport at no cost to Airport; (ii) be stored by Airport, at no cost to Airport; or (iii) be sold at public or private sale at no cost to Airport. Except as may be agreed to otherwise by Airport and Airline, all Airport property damaged by or as a result of the removal of Airline's property shall be restored by Airline to the condition existing before such damage at Airline's expense. Section 9.03 - Holding Over. In the event Airline uses its Airline Premises without the written consent of Airport after this Agreement has been canceled or expires, Airline shall be deemed a tenant during the period of such use and shall pay the rate for rentals, fees, and charges established by Airport for Air Transportation Companies. In such event, Airport shall have the right to all remedies provided under applicable laws; provided, however, Airport's consent shall not be unreasonably withheld during any period of good faith lease negotiations between Airline and Airport. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 20 of 32 7-1-2018 to 6-30-2020 FINAL Page 263 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 10 INDEMNITY Section 10.01 — Airline agrees fully to indemnify, save, hold harmless, and defend Airport, their officers, agents, and employees of the Airport from and against all claims, suits and actions and all expenses, including but not limited to reasonable attorney fees incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their property, caused wholly or in part, by the fault or negligence of Airline, its agents or employees, in connection with Airline's operations upon said Airport or incident thereto; provided however, that Airline shall not be liable under this Section 10.01 for any injury or damage or loss occasioned by the negligence or willful misconduct of Airport, their agents, officers or employees; and provided further, that Airport shall give to Airline prompt and reasonable notice of any such claims, suits or actions and Airline shall have the right to investigate, compromise and defend the same. Airline, at its own expense, agrees to carry, and keep in force, Comprehensive General Liability Insurance covering personal injury and property damage. Without limiting its liability as aforesaid, Airline agrees to carry and keep in force insurance policies providing public liability and property damage insurance of not less than Fifty Million Dollars ($50,000,000). All policies shall: 10.1.1 Be maintained with insurance carriers authorized to do business in the State of Iowa, satisfactory to Airport. 10.1.2 Include the City of Waterloo and the Waterloo Airport, and its agents and employees as additional named insured. 10.1.3 Contain a provision waiving any subrogation of the insurance company to recover damages against either Airline or Airport by reason of any sums paid by the insurance company under said insurance policies. 10.1.4 Such insurance coverage shall be primary to any insurance that the Airport or the City of Waterloo, Iowa, may have. The foregoing minimum limits of insurance shall be subject to revision by Airport upon determination that adjustments are necessary for the protection of Airport; and Airline agrees that it will adjust to and maintain said liability insurance in the revised amounts, which may be prescribed from time to time by Airport. Section 10.02 — Airline will furnish the Airport Director with a Certificate of Insurance certifying that insurance is in force during the entire period of this Agreement, and will furnish additional certificates of changes in such insurance, not less than ten (10) days prior to any such change, and providing that no cancellation thereof shall be effective until after not less than thirty (30) days written notice of such cancellation has been given to Airport. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 21 of 32 7-1-2018 to 6-30-2020 FINAL Page 264 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Section 10.03 — The aforesaid amounts and types of insurance shall be reviewed from time -to -time by Airport and may be adjusted by Airport, if Airport reasonably determines such adjustments are necessary to protect Airport interests. Airline's failure to provide and/or maintain the required insurance coverage, as set forth herein shall be grounds for immediate cancellation of this Agreement. ARTICLE 11 GOVERNMENT INCLUSION Section 11.01 - Government Agreements — This Agreement shall be subordinate to the provisions of any existing or future agreements between Airport and the United States Government or other governmental authority, relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal or other governmental funds for the development of the Airport, to the extent that the provisions of any such existing or future agreements are generally required by the United States or other governmental authority of other civil airports receiving such funds; therefore, during the term of this Agreement, Airline agrees to comply with the requirements of all -applicable laws, rules and regulations herein. Section 11.02 — Non-discrimination — Airline, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that (I) no person on the grounds of race, sex, color, physical handicap, or national origin, shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and furnishing of services thereon, no person on the grounds of race, sex, color, physical handicap, or national origin, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Airline shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, office of Secretary, Part 21, Nondiscrimination to Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. Airline, in the conduct of its authorized aeronautical business activities on said Airport, shall furnish service on a fair, equal and not unjustly discriminatory basis to all users thereof, and shall charge fair, reasonable, and not unjustly discriminatory prices for each unit of sale or service; provided, however, that Airline shall be allowed to make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchases. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 22 of 32 7-1-2018 to 6-30-2020 FINAL Page 265 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Section 11.03 — Hazardous Materials — Airline shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Airport by Airline, its agents, employees, contractors, or invitees, unless such Hazardous Material is necessary to the business of Airline, and will be used, kept, and stored in a manner that complies with all laws and regulations applicable to any such Hazardous Materials. Airline shall provide notice to Airport of any Hazardous Materials used by Airline on the Airport, prior to bringing such Hazardous Materials on the Airport. Section 11.04 — Indemnification — Airline shall indemnify, defend, and hold Airport harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including without limitation, diminution in value of the property, damages for the loss or restriction on use or rent of the property, and sums paid in settlement of claims, attorney fees, consultant fee, and expert fees) that arise during or after the Agreement term due to contamination by Hazardous Materials placed or brought upon the Airport by Airline during the term of this Agreement. This indemnification of the Airport by Airline includes, without limitation, costs incurred by the Airport in connection with any investigation of site conditions which reveals contamination caused by the Airline, or any cleanup, remediation, removal, or restoration work required by any authorized federal, state, or local governmental agency or political subdivision because of Hazardous Materials present in the soil or groundwater on or under the Airport property. Without limiting the foregoing, if the presence of any whole or in part by the Airline during the Agreement term results in any contamination of the Airport property, the Airline shall promptly take all actions at its sole expense as are necessary to return the property to the condition existing prior to the release of any such Hazardous Material onto the Airport property, provided that the Airline's approval of such action shall first be obtained, which approval shall not unreasonably be withheld as long as such proposed action will not potentially have any material adverse long term or short term effect on the Airport property. These indemnification obligations shall survive the expiration or earlier termination of this Agreement. Section 11.05 — Federal Regulations — Airline agrees to comply with Transportation Security Administration Part 1542 (Airport Security), TSA Part 1544 (Airline Security), and Airport Policies pursuant to FAA regulations, FAR Part 139, including of which, yet shall not be limited to, Movement and Non -Movement Area access and driving privileges. Airline further agrees to indemnify Airport for any fines levied upon Waterloo Regional Airport or the City of Waterloo, Iowa, by Governmental agencies, because of acts by Airline's employees, agents or suppliers, unless such fines were caused to be levied as a result of acts or omissions on the part of the employees, agents, or suppliers of Waterloo Regional Airport or the City of Waterloo, Iowa. If Airline's non-compliance results in a monetary penalty being assessed against Airport, then Airline shall be responsible and shall reimburse Airport in the full amount of any such monetary penalty or other damages. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 23 of 32 7-1-2018 to 6-30-2020 FINAL Page 266 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Section 11.06 - Rules and Regulations — Airline agrees to abide by and comply with all ordinances, Airport Rules and Regulations, and Aeronautical Minimum Standards, which are now, or which may be hereafter made, applicable to the use and occupancy of the Airport and the operation and control of the Airport, including the payment of all fees, licenses or permits which are now, or may hereafter be, required to be paid by the Airline as a condition of its right to use and occupy the said premises. If there shall be any conflict between the express provisions of this Agreement and such Airport Rules and Regulations, the express provisions of this Agreement shall control. Section 11.07 - Inspection — Airline shall allow the Airport's authorized representatives access to Airline Premises for the purpose of examining and inspecting said premises; for purposes necessary, incidental to, or connected with the performance of its obligations under this Agreement; or, in the exercise of its governmental functions. Except in the case of an emergency, Airport shall conduct such inspections during reasonable business hours, and in the presence of Airline's representative. ARTICLE 12 ASSIGNMENT AND SUBLEASING Airline shall not, at any time, assign this Agreement, or any part thereof, herein, without the prior written approval of the Airport; and, as evidenced by a resolution adopted by the City Council of Waterloo, Iowa, provided that the foregoing shall not prevent the assignment of this Agreement, without change in any of its provisions to any corporation with which Airline may merge or consolidate, or, which may succeed to the business of the Airline. ARTICLE 13 SUCCESSORS AND ASSIGNS BOUND BY COVENANTS All the covenants, stipulations, and agreements, in this Agreement, shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. ARTICLE 14 QUIET ENJOYMENT Airport agrees that, upon payment of the applicable fees, and performance of the covenants and agreements on the part of Airline, to be performed hereunder, Airline shall peaceably have, and enjoy the use, and all rights and privileges of said airport, its appurtenances, and facilities granted herein. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 24 of 32 7-1-2018 to 6-30-2020 FINAL Page 267 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 15 MISREPRESENTATION All terms and conditions with respect to this contract are expressly contained herein, and Airline agrees that no representative or agent of Airport has made any representation or promise with respect to this contract not expressly contained herein. ARTICLE 16 INVALID PROVISIONS In the event any covenant, condition, or provision herein contained is held to be invalid by any Court of competent jurisdiction, such invalidity shall in no way affect any other covenant, condition or provision herein contained. ARTICLE 17 APPLICABILITY Section 17.01 — This Agreement shall be construed and interpreted under the Laws of the State of Iowa, the County of Black Hawk, and the City of Waterloo, Iowa. Section 17.02 - Force Majeure — Except as herein provided, neither Airport nor Airline shall be deemed to be in default hereunder if either party is prevented from performing any of the obligations, other than the payment of rentals, fees, and charges hereunder, by reason of strikes, boycotts, labor disputes, embargoes, shortages of energy or materials, acts of God, acts of the public enemy, terrorism, weather conditions, riots, rebellion, or sabotage, or any other circumstances for which it is not responsible or which are not within its control. Section 17.03 - Entire Agreement — It is understood and agreed that this instrument contains the entire agreement between the parties hereto. It is further understood and agreed by Airline that Airport and Airport's agents have made no representations or promises with respect to this Agreement, or the making or entry into this Agreement, except as in this Agreement expressly set forth, and that no claim or liability or cause for termination shall be asserted by Airline against Airport for, and Airport shall not be liable by reason of, the breach of any representations or promises not expressly stated in this Agreement. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 25 of 32 7-1-2018 to 6-30-2020 FINAL Page 268 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" ARTICLE 18 PRIOR AGREEMENTS On the effective date of this Agreement as hereinabove provided, any Airport Use Agreement between the parties heretofore dated, shall be cancelled and have no further force and effect. ARTICLE 19 AIRPORT REPRESENTATIVES Airport and the City's Airport Director, or his/her successor, is hereby designated as its official representative with full power to represent Airport in dealings with Airline in connection with the rights herein granted. All actions relating to policy determination, modification of this contract, subsequent permissive authorization under this contract, termination of this contract, and any similar matters affecting the terms of this contract shall emanate from the City of Waterloo, or their successors or assigns. ARTICLE 20 NOTICES Except as otherwise specifically provided herein, notices to Airport shall be sufficient, if sent by ordinary mail, postage prepaid to: Airport Director, 2790 Livingston Lane, Waterloo, Iowa 50703, and notices to Airline, if sent by ordinary mail, postage prepaid to: Vice President, Corporate Affairs, American Airlines, Inc. 1 Skyview Drive, Mail Drop 8E100, Fort Worth, Texas 76155. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their officials thereunto authorized as of the day and year first above written. AMERICAN AIRLINES, INC. CITY OF WATERLOO, IOWA By: By: CHRIS COLLISON, DIRECTOR QUENTIN M. HART CORPORATE REAL ESTATE MAYOR AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 26 of 32 7-1-2018 to 6-30-2020 FINAL Page 269 of 315 CITY OF WATERLOO, IOWA - WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" Witness: Witness: By: By: Name: Name: Kelley Felchle Title: Title: City Clerk AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 27 of 32 7-1-2018 to 6-30-2020 FINAL Page 270 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" "EXHIBIT A" 1. LANDING FEES Maximum Gross Landing Weight (MGLW) is that weight approved by the Federal Aviation Administration (FAA) for landing such aircraft at the Airport. The MGLW Fee references is agreed to be as follows, however, the list is not exclusive off all aircraft and it shall be the responsibility of the Airline to provide the Airport with the corresponding aircraft and weights: Effective July 1, 2018 through June 30, 2020, the MGLW Fee will be One Dollar and Sixty Nine ($1.69) cents per one thousand (1,000) pounds of aircraft MGLW. ERJ-145 / 43,650 pounds / MGLW Fee - $73.77 2. APRON FEES For the use of the aircraft parking apron, Airline company aircraft and related GSE, Airline shall pay Twenty Five Dollars ($25.00) per day, or approximately Seven Hundred Sixty Dollars and Forty Two Cents ($760.42) per month, or Nine Thousand One Hundred Twenty Five Dollars ($9,125.00) per year, which shall be payable in twelve (12) Equal monthly payments from July 1, 2018 through June 30,2020. 3. TERMINAL RENTAL Rental for use and occupancy of the specifically leased terminal space shall be as follows: A. Preferential Use Space — Office and Ticket Counter Areas Station Office Areas, Ticket Counters.Employee Restroom: and, Outbound Baggage Conveyor. as Reflected with Exhibit B. For the use of the Preferential Use Premises, (1,376 SqFt), and as referenced on Page 5 of Section 3.1.1, Airline shall pay Twenty Dollars and One cents ($20.01) per square foot per annum or Two Thousand Three Hundred Dollars and Twenty One cents ($2,294.48) per month, or Twenty Seven Thousand Six Hundred Two Dollars and Fifty Six cents ($27,533.76) per year, which shall be payable in twelve (12) monthly installments from July 1, 2018 through June 30, 2020. B. Baggage Make -Up Area (Premises) — Baggage Make -Up Area, and Storage of Ground Support Equipment Vehicles, and miscellaneous De -Icing Fluid Totes, as Reflected with Exhibit B. For the use of the Baggage Make -Up Area, (3,726 SqFt), and as referenced on Page 5 of Section 3.1.2, Airline shall pay Ten Dollars and Seventy Six cents ($10.76) per square foot per annum or Three Thousand Three Hundred Forty Dollars and Ninety -Eights cents ($3,340.98) per month, or Forty Thousand Ninety One Dollars and Seventy Six cents ($40,091,76) per year, which shall be payable in twelve monthly installments from July 1, 2018 through June 30, 2020. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 28 of 32 7-1-2018 to 6-30-2020 FINAL Page 271 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" C. Joint Use Premises — Joint Use Space — Check -Point Security and Boarding Area. Baggage Drop and Baggage Claim. and Vestibule for Departure Gate No: 1. as Reflected with Exhibit B. For the use of the Joint Use Premises, (7,810 SqFt) Airline shall pay Sixteen Dollars and Eighty Sevens Cents ($16.87) per square foot per annum or Ten Thousand Nine Hundred Seventy Nine Dollars and Fifty -Six Cents ($10,979.56) per month, or One Hundred Thirty One Thousand Seven Hundred Fifty Four Dollars and Seventy Cents ($131,754.70) per year which shall be payable in twelve (12) equal monthly payments from July 1, 2018 through June 30, 2020. The aforementioned rental fee for the use of the Joint Use Premises shall be prorated among other airlines, if applicable, for the percentage share in the use of said passenger hold room on an equal basis. 4. CHARGES FOR FACILITIES. SERVICES AND GROUND SUPPORT EQUIPMENT A. Use of Public Address System: For the use of the Public Address System, Airline shall pay Twenty Five dollars ($25.00) per month, or Three Hundred Dollars ($300.00) per year which shall be payable in twelve (12) equal monthly payments from July 1, 2018 through June 30, 2020. B. Waste Disposal / Refuse Collection: For Waste Disposal and Refuse Collection, Airline will pay approximately Fifty (50%) percent of the monthly cost for said Waste Disposal and Refuse Collection. Airline shall pay Seventy Five dollars ($75.00) per month, or Nine Hundred Dollars ($900.00) per year which shall be payable in twelve (12) equal monthly payments from July 1, 2018 through June 30, 2020. C. Use of Ice Machine: For the use of the Airport Owned Ice Machine located in the Baggage Make -Up Area, Airline shall pay Eight Dollars and Thirty Three Cents ($8.33) per month, or One Hundred Dollars ($100.00) per year which shall be payable in twelve (12) equal monthly payments from July 1, 2018 through June 30, 2020. Airport shall ensure that the ice consumed for use onboard Airline Company Aircraft, passes City of Waterloo standards for water quality. D. Use of the Passenger Boarding Bridge (PBB): For the period of July 1, 2018 through June 30, 2020 Airline shall pay Twenty Five Dollars ($25.00) per day for a fee associated with the use of the Passenger Boarding Bridge, or approximately Seven Hundred Fifty Dollars ($750.00) per month, or Nine Thousand Dollars ($9,000.00) per year which shall be payable in twelve (12) equal monthly payments from July 1, 2018 through June 30, 2020. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 29 of 32 7-1-2018 to 6-30-2020 FINAL Page 272 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" E. Aircraft De -Icing Vehicle: For the period of July 1, 2018 through June 30, 2020 Airline shall pay Fifty Dollars ($50.00) per day for a fee associated with the use of the Airport -Owned, and Primary Aircraft De -Icing Vehicle, and based on 30 days per month, approximately One Thousand Five Hundred Dollars ($1,500.00) per month, for each month unit is used during the designated De -Icing Season, estimated to be November through March, or approximately Seven Thousand Five Hundred Dollars ($7,500.00) per winter season. Airline will ensure proper use and operation of the vehicle, and shall perform and document initial and recurrent annual training to all Station employees, and shall be responsible for all maintenance repairs, if required, due to Airline employee misuse, careless neglect, or willful damage, and shall advise the Airport Director, or his/her designee, of any repairs needed to the vehicle. F. Aircraft Baggage Belt Loading / Unloading Vehicle: For the period of July 1, 2018 through June 30, 2020 Airline shall pay Twenty Five Dollars ($25.00) per day for a fee associated with the use of the Airport -Owned Bag Belt Loader, or approximately Seven Hundred Sixty Dollars and Forty -Two cents ($760.42) per month, or Nine Thousand One Hundred Twenty Five Dollars ($9,125.00) per year which shall be payable in twelve (12) equal monthly payments from July 1, 2018 through June 30, 2020. Airline will ensure proper use and operation of the vehicle, and shall perform and document initial and recurrent annual training, and shall be responsible for all maintenance repairs, if required, due to Airline employee misuse, careless neglect, or willful damage, and shall advise the Airport Director, or his/her designee, of any repairs needed to the vehicle. G. Fueling Services for Airline Ground Support Equipment: For the period of July 1, 2018 through June 30, 2020 Airline shall pay Thirty Cents ($0.30) per gallon for Unleaded or Diesel Fuel, over the per gallon fee the Airport pays per gallon, for either fuel product from fuel product supplier, for the use of the Airline Station Owned, Contracted, or Airport -Owned Ground Support Equipment, as reported monthly by the Airline Station Manager, or his/her designee, which shall be payable in twelve (12) monthly payments. Airline, via the Station Manager, will ensure proper use and operation of the vehicle, and shall perform and document initial and recurrent annual training, and shall be responsible for all maintenance repairs, if required, due to Airline employee misuse, careless neglect, or willful damage, and shall advise the Airport Director, or his/her designee, of any repairs needed to the vehicle. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 30 of 32 7-1-2018 to 6-30-2020 FINAL Page 273 of 315 CITY OF WATERLOO, IOWA — WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" H. Use of Airline Wall -Mounted Ground Power Outlet: For the period of July 1, 2018 through June 30, 2020 Airline shall have the use as may be needed for the use of Station Ground Support Equipment as directed by Station Manager or his/her designee. Airline Station Manager, or his/her designee, shall ensure the proper use of the Wall - Mounted Ground Power Outlet is properly connected to the correct Ground Support Equipment, and will be responsible for all maintenance and repairs, if required, due to Airline Tenant misuse, careless neglect, or willful or accidental damage. I. Airport Operations Area (AOA). ARFF. Passenger Safety / Security Services: For the period of July 1, 2018 through June 30, 2020, and for Airport Staff to comply with the Federal Aviation Administration's Federal Aviation Regulation Part 139 (Airport Certification Standards and Training), and Sections 319 (ARFF Operational Requirements), 327 (Self -Inspection Program), 335 (Public Protection) and 327 Wildlife Hazard Management) and 339 (Airport Condition Reporting), Airline shall pay One Dollar ($1.00) per revenue outbound passenger, and One Dollar ($1.00) per revenue inbound passenger, and as reported monthly by the Airline Station Manager, or his/her designee, which shall be payable in twelve (12) monthly payments. Airline will not be invoiced these fees if the flight cancels, yet Airline shall direct station employees to provide a courtesy notification to Airport Operations Personnel for all daily flights to allow Airport Staff to be advised if the scheduled flights are on -time, delayed, or the flight has cancelled, so as to allow the Airline Station to advise Airport Operations Staff to prepare for the arrival or departure of Airline flight as scheduled. J. Airline Crew Parking Fees & Pass: Airport shall invoice American Airline Flight Crews, and their Regional Affiliates, a parking fee in the amount of $100.00 per year. AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 31 of 32 7-1-2018 to 6-30-2020 FINAL Page 274 of 315 CITY OF WATERLOO, IOWA - WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" WON_ 1.10frt Pii� N�� rtq�p'r T EXHIBIT ifECT WO= 7 e d""? ,11"t WEIMLIM AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 32 of 32 7-1-2018 to 6-30-2020 FINAL Page 275 of 315 CITY OF WATERLOO, IOWA - WATERLOO REGIONAL AIRPORT "AIRLINE - AIRPORT USE AGREEMENT" AMERICAN AIRLINES "AIRLINE - AIRPORT USE AGREEMENT" Page 33 of 32 7-1-2018 to 6-30-2020 FINAL Page 276 of 315 CITY OF WATERLOO Council Communication Resolution approving a Temporary Services Agreement with Republic Services, Inc., of Cedar Falls, Iowa, in conjunction with processing of the City of Waterloo's recyclable material, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/25/2019 REVIEWERS: Department or@ ) c part m ent ATTACHMENTS: Description er.VICe SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer III ven, 1 ic.Ann Action Approved Type Lover e Date 7/29/20 , ,,,,,,, 11:2 Resolution approving a Temporary Services Agreement with Republic Services, Inc., of Cedar Falls, Iowa, in conjunction with processing of the City of Waterloo's recyclable material, and authorize the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Manager Approve Resolution Cedar Valley recycling stopped recycling services for the City of Waterloo - Republic Services has offered a temporary service agreement for processing curbside recycling. $114.40 per ton processing fee $67.60 per ton transportation fee $150 per ton contamination fee Sanitation Funding Strategy 2.2: Enlist all City departments and staff members to promote a safer community. Page 277 of 315 CUSTOMER NAME ATM 1 ANDRESS clTy STATE ZIP CODE [ COMMENTS INVO CE TO AX NO ERE TO AS THE "COMPANY' C.FrOZED SIGNATtin() FOR OFFICE USE ONLY SITE LOCATION NAME ORES CiTY STATE ZIP GOD-= 1 NO FAX= NO Air ;OWED TiTEE BY_ ONTACT TITLE Rate based an 1 DOES FACIUTY HAVE A HAZARDOUS WASTE GENERATOR 1.=D. NUMBEI .NumBER 12441 SSNT rkiv .97 ntitno (E ,Dava ((Ai( -W. ES RFKI: ,74k. T ATM- TA:7, CATA- U-47. AJMN4_, j YEs ,J NO aziwc, G.-EL; CAS, 10, RA,C1- ,7_,,G-vo nTL1fLII rws ,-9,MRER Px;n1,11 Iff; eset Form Print Form rini this Pa Temporary Service Agreement 1 AGREEMENT NUMBER COUNT NUMBER 4)4T-1(WAV _fl .dersigned intk,,lnual signing thiS Aiiiii Iiafl of Custom:et acknowledges WI hn DT ite had read and urklostzu the Lefins rui mlditims et ijAw :44 and -Wm ht ex- .11e had the authority ta .gn the Agtement: en brha4lof Co:007x, 1.7 z_A_ISTCV RT,WE ,;1.; E [An TERMS AND CONDITIONS IORVICES. Customer grants to .„,;ornpany the exclusive right to collect and dispose of all of Customer's non -hazardous waste materials (including recydla _les) (collectively "Waste Matenals") and Company agrees to furnish such services, TERM. THE TERM OF THIS AGREEMENT SHALL START ON THE DATE OF THIS AGREEMENT AND SHALL CONITINUE UNTIL CUSTOMER GIVES WRITTE'OTICE TO COMPANY OF THE FINAL PULL UNDER THES AGREEMENT_ COMPANY MAY TERMINATE THIS AGREEMENT AT ANY TIME BY ORAL OR JRtrrErii NOTICE TO CUSTOMER_ ASTE MATERIALS.. The Waste Materials shall not contain any hazardous materials, wastes or substances; toxic substances, wastes or pollutants: contaminants; pollutants: infectious wastes; medical wastes: or radioactive -wastes (collectively, "Excluded Waste -A each as defined by applicable federal, slate or local laws or _regulations (collectively, "Applicable Laws"), Customer shall indemnify defend and hold harmless Company from and aoainst any and all efaims„ dm-ages s-uits, penalties fines, remediation costs, and lia,bilities (including court costs and reasonable ,attorneys' lees) collectively, "Los-ses") resulting from the inclusion of Excluded Waste In the, Waste kilateriais, ILE, Company shall acquire title to Waste Materials when they are loaded into Company's truck„ Title to and ianility for any Excluded Waste shall renal with Customer and shall at no time pass to Cornpa_n-y, The Terms and Conditions continue on the reverse side of this page. CSA-3 (902) TEMP 1047 Jge 278 of 315 ,Rock. k. or wy Co -IT -n „ 3-d6 w llmit: Wad ts FVZt to eXC'TCd-._ 10 tOriL wctht cooIinersmu'. be Off1O4d y the Customer p3w-m-to im1m- -Oa dryr - ) fr: with _t3 I c_ _ ) )3s miiitt tv oven( - ldd od )(3.t fined abeim the 5 trn or totop --) fl c coniath (3) if pro.ct r - =1— i %le rem---1 Of ilid. 2-03lrod tom -rote Ili ) broeze Or any otomr u--ku*' fwm"---)y mAerm.1_ cLo- tor moot rogues* a I"-iit- c-mtr. ford 10 yard ,o ti Olt - x 141 Coni oil - ed ) 1 .e-rsio--- is o_t_ nb* for pav0mr1 me (Si : - t give 24 M ) a&y.me okatixe for leir (i i PERT5 Ciat-iiier mut ai- re for ail iv -trod rut ill i-otomr act epts foril 12 1n fr picot of con tairw r on a p ub -1-E ' me_ 171 Customr m t prodo acce 5 to Co ntamer AU Lnd. Athestos 5et Netuarc tar ):CP'A&I E 13 his mqj Chemical te Ve h I -We but not ftr-7,4ted to: pt4or CowComnont onip..-41woro tt () Tri Te1euomTcIhom r PM- II C or ros rye ten - is De t PoI Radmarteve a*te_ R4IIrD.d Ts Page 279 of 315 PAYMENT Customer shall pay Company for theservice_ and equipen _ - -- - _ urnish d by e/o. an at the rates provided d in this Agreement. Customer shall �y all other governmental char � against �r �� �_ �� alp taxes,� and g g pasted through to (other than income or real l property - -- e _ p p� �.i Customer shall pay �� �� the Company from time to time bynoticeto Customer (including, way = -_ g. example �n`��. late payment �, administrative f and environmental f��'. �#h Company amounts such in discretion upto the maximum -determine � ��pan f� um amount allowed' b Applicable Law. Without limiting the foregoing, - pay f $50 (whichCompany may increasefrom timet bynotice toCustomer)- � �,Customershall Company: ��r3 � 1' for each check submitted byCustomer that isan insufficient fuel/environmental recovery f in the amount��� _rrnf fundscheck or isreturned r dishonored; n� shown n each of Company's _invoices, which amount Company �� - amount on the invoice. Customer shall pay Company within 0 daysafter the date of Company invoice_ At any time after Company becomes concerned about Customer's creditworthinessCustomer hasan late u.�trr��r' payment, Company may request„ and if requested Customer shall pay, a deposit in an amount equal - under this Agreement,to n month charges RATE ADJUSTMENTS. Companymay, from time to _me by notice toCustomer, _ _ � ire _ � increase the rates pr rdno in this :rorn+nt to for any increase , 'b) transportation costs due t change in lotian of Customer r - - - adjustin: ��p�a costs; store_ or the disposal facility used byCompany; any, the Consumer weight per cubicyard of Customer's Waste Materials - the R mar PriceIndexfor all Urban ��rrut�r-r�r, �� the average to . -aterial above the number of pounds per cubic yard upon which the ratprovided covef page of this Air=een�nt or � ����� _ in thisgr�rn�nt are based � indicated on the Company's pang �o�t dueto changes in Applicable LaCompany �� increase ts_ Customer's consent, which may evidenced - - - - � � ratesfor reasons other than those t forth above�i h evidenced verbally, in writing or by the parties actions and practices, with SERVICE CHANGES. The parties y charge the type, i� or amount �fequipment,h a - hi l may� ,. the t pr or frog ency of e i , and correspondingly the rate by p be evidenced verbally. in writing or by the parties' actions and practices_ This t _ u� agreement the - � practices, __ Agreement shall applylocation � 1 which Company provides collection and disposal ervi n change of Customer within h areain RESPONSIBILITY FOR EQUIPMENT; ACCESS. Any equipment Company furnishes shallCompany's - �_ remain ��pan proprty, Customer shall bliablefor all to or damage equipment (except for normal wear- and tear and for 10or damage resulting��- - _e - � to such from Company's handling of the equipment), _resent`., Customer shallequipment only and intended purpose and shall not overload h weight r �___ � l� � _ . usethe ��r�iprrrnt on�yr for its proper _ p' -g - o. volume), move or alter the equipment, mint. Cu for r r 1 indemnify, e _ � p _ ha-1 rrld�rnrtr�„ defend �� hold harmless Company _tr from � � `: �# all �� arisingfrom anyinjury �� and ����� - 1 ry or death topersons or loss or damage toproperty (including theequipment) i - - - - possession equiprnt. utorrrror hillprovide f � ar.�rn out: �f �u`to�nr � ��= o�rat�n or �f the sate. access to the on the scheduled collection _ - ti _..�ron Companymay char an additional for any collection service repaired by Customer's failure to provide access: additional DAMAGE TO PAVEMENT. Company shall not be responsible for any damage: to sta SeilirCe at Customer's location, r` pavem urbind or other d ving ur ces re ing fr, m Co spar providing SUSPENSION. If arry� amount dui from r.�stor� i not paid within 0 days after _ Company's ,��4 invoice, Agreement, a ter the date f Compan s invoic , Company may, without n ti and ,i ,out _ - tinsuspend collecting ��� disposing of Waste Materialsuntil � -_ � v_tl trr�ir�tin _ . it Customer has paid such amount to Company, if Corgi -any suspends a serviceinterruption fee in an amount determined by . _ _ ,�service� Customer hill � Company Company in its discretion up to the maximum amount alowed by Applicable Law. ASSIGNMENT. Customer shall not assign this Agreement v ithnut Company's prior ritten c P .ornt, which Company shall t unreasonably €ifhrl_Company it this Agreement without Customer's consea EXCUSED PERFORMANCE. Except for Custome. obligation to payamount due to Company, anyfailure or delay in performance due t coati n i , reasonable control, inluding strikes, riot, trait at compliance fp�� � � beyond ��� ,or pliance with Applicable Lai: r governmental orders: fires and acts of God- shall notconstitute ree ntr breach of this ATTORNEYS' FEES.It an�� litigation is commenced under this . rr�ntE the �- Ee u iul party shall be entitled to recover, in addition t such other �� , � �.hcr relic- t athe curt �a� aw�d it reasonable attorneys fees; expert witness fees, litigation related expenses, and court or other costs incurred in such litigation rr _ proceeding, MISCELLANEOUS. This Agreement sets forth the entire agreement of the - - � tand supersedes all prior agreements,whether written or oral, - exist the subject matter of this Agreement, rrtCompany _ - - � � - - - � . than i�t between �h parties o. mall have r7 confidentiality obligation ati� n with respect to an- _ ,Materials, t - - - i - � �at� This Agreement shall h binding inure solely to the benefit of the parties and their permitted assigns. if any this _� � ��� and provision f this Agreement shall be invalid illegal or unenforceable, ��alid le�al ark enforceable but asmost marl � retain the intent _ � _ �� _ #- .t gall be modified as to be y t retain th int nt f the pay gyres, !f such modification i not . o rhl such provision f- - - this either ca, the validity, legality and enforceability � ; � _� � shall h severedfrom ter Agreement, In lo. the remaining provisions of this Agreement shall not in any way be affected thereby. CUSTOMER' S 1 1 T l L' osty.3 (902i TEMP l it Page 280 of 315 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with AEC O M Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $27,500, in conjunction with the FY 2020 Waterloo Dam Repairs, Contract No. 996, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/29/2019 REVIEWERS: Department ngineering Clerk Office ATTACHMENTS: Description D Cont 996 P' :i\ .............. SUBJECT: Reviewer ,,. tson, Jamie Event, 1..,e nn Action Date Approved 7/30/2019 :531 Approve 7/31 2:i 9:4„7 Type Cover Resolution approving a Professional Services Agreement with AEC OM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $27,500, in conjunction with the FY 2020 Waterloo Dam Repairs, Contract No. 996, and authorize the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Expenditure Required: $27,500.00 Source of Funds: GO Bonds Page 281 of 315 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO CEDAR RIVER BLADDER DAM REPAIR PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 282 of 315 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Bodily Injury and Property Damage Liability and Automobile liability insurance including (owned, non -owned, or hired), each in a combined single limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property damage liability. This policy includes Contractual Liability coverage. ATS agrees to name CLIENT as Additional Insured on this policy, but only to the extent of ATS's Page 283 of 315 AECOM Page 3 negligence under this Agreement and only to the extent of the insurance limits specified herein. (c) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non - renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of Twenty -Seven Thousand Five Hundred Dollars ($27,500.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or Page 284 of 315 AECOM Page 4 work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the Page 285 of 315 AECOM Page 5 disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. Page 286 of 315 AECOM (b) This Agreement shall be governed by the laws of the State of Iowa. Page 6 (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM By: By: Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E Title: Mayor Title: Associate Vice President Date: Date: June 4, 2019 Page 287 of 315 CITY OF WATERLOO CEDAR RIVER BLADDER DAM REPAIR EXHIBIT A A. PROJECT DESCRIPTION The project includes development of final plans and specifications for repair of the Cedar River bladder dam in downtown Waterloo. The existing low -head dam was modified in 2008 with Obermeyer Hydro, Inc. air -bladder gates, allowing the river level upstream of the dam to be maintained at a higher elevation during the summer months. Bay 3 of this system, the far north bay, has developed a leak and is in need of repair. The first phase of this project will include review of the existing bladder system and development of repair plans and specifications suitable for public letting. It is anticipated the repairs would only be required for Bay 3. If the leak is determined to be in the piping between the compressor system and the bladders, additional design efforts would be required to facilitate those repairs. The second phase of this project would include construction -related services, which will be determined at the time the services are needed and added by supplemental agreement. B. SCOPE OF SERVICES The scope for the first phase of the project will include final design for repairs to the Cedar River bladder dam and preparation of final plans and specifications for the project. The Scope of Services is further defined by the following tasks: Phase I - Design Services Task 1 - Kickoff Meeting. This task includes a meeting with representatives from the City of Waterloo and AECOM to review and discuss the project, possible alternatives and desired outcomes for the project. Task 2 - Existing Data Review. This task includes collection of as -built drawings for the project, along with operations data from the City of Waterloo. Task 3 - Coordination. This task includes communication with other bladder dam owners (i.e., Waverly) and Obermeyer Hydro Inc. to determine the best options for repairing the existing inflatable dam system. Task 4 - Preliminary Design. This task includes developing preliminary plans for the repair of the inflatable dam, including creation of a parts list, work staging plan and access plan to the site. This task also includes a preliminary cost estimate for the project. Task 5 - Review Meeting. This task includes a meeting with representatives from the City of Waterloo and AECOM to review the preliminary findings. Task 6 - Final Design. This task includes preparation of final plans and specifications suitable for a City of Waterloo letting. Task 7 - Bidding Assistance. This task includes preparation of bid documents, any necessary addendums and answering questions during the bidding process. Page 288 of 315 Task 8 - Project Administration. This task includes project administration, coordination and internal meetings throughout the project development. Phase II - Construction -Related Services The scope of construction -related services will be determined at the time the services are needed and defined under a future amendment. Construction -related services include construction staking, on -site field review, materials testing and contract administration during construction. O:\Administration\AGREE\PROF\Wat Cedar River Dam Repair.doc Page 289 of 315 CITY OF WATERLOO Council Communication Resolution approving application for an Iowa Department of Transportation Traffic Safety Grant, in the amount of $200,000, in conjunction with signalization of Independence Avenue/Vinton Street intersection, and addition of a left turn lane on eastbound Independence Avenue, and assuring the DOT that any funded improvements will be adequately maintained.. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department v . � f : is (pem N tm ns Traffic Opera- ns wm r�- fic Operations ATTACHMENTS: Description ▪ Application ▪ �f e T JII "urn....., an.e SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Reviewer N aricy e ahm, .oh rm Even_, Action w . f�ccte�. .A. p p r o v e d pproved Type _over c.nmo ;over e m mo Date 7/3 1 /2 7/1.�.l2 8/�/2i 11:51 Resolution approving application for an Iowa Department of Transportation Traffic Safety Grant, in the amount of $200,000, in conjunction with s ignalizatio n of Independence Avenue/Vinton Street intersection, and addition of a left turn lane on eastbound Independence Avenue, and assuring the DOT that any funded improvements will be adequately maintained. Submitted By: Mohammad Elahi, Traffic Engineer Approve resolution. The grant if approved will pay for 100% of construction cost of signalization of Independence Ave - Vinton Street intersection and addition of a left turn lane on eastbound Independence Avenue approach by re -striping. The project will help reduce the number of crashes. $205,000 Construction Cost $200,000 Grant Funds $5,000 G.O. Bond City will be responsible for design. Goal 2 - Strategy 2.2 - Enlist all City departments and staff members to promote a safer community The intersection is experiencing a high number of crashes including injury crashes. More than 90% of the accidents have been right angle broadside or left turn collisions. The proposed improvements are expected to considerable reduce the number of crashes. Page 290 of 315 Rev. 5/18 Application for SITE -SPECIFIC TSIP FUNDS GENERAL INFORMATION DATE: Intersection of Vinton Avenue and Independence Avenue Location / Title of Project Traffic Safety Improvements Applicant City of Waterloo Contact Person Mohammad Elahi Title Traffic Engineer Complete Mailing Address 625 Glenwood Street Waterloo, Iowa 50703 Phone (319) 291-4440 E-Mail mohammad.elahi@waterloo-ia.org (Area Code) If more than one highway authority is involved in this project, please indicate and fill in the information below (use additional sheets if necessary). Co-Applicant(s) Contact Person Title Complete Mailing Address Phone E-Mail (Area Code) PLEASE COMPLETE THE FOLLOWING PROJECT INFORMATION: Funding Amount Total Safety Cost Total Project Cost Safety Funds Requested $ 205,000 $ 205,000 $ 200,000 Does this project appear on a Safety Improvement Candidate List or is there a safety study recommendation for this project? Page 291 of 315 Rev. 5/18 WIYes —Explain In-house study of crash history indicates the need for the proposed improvements. EliNo Page 292 of 315 Rev. 5/18 APPLICATION CERTIFICATION FOR PUBLIC AGENCY To the best of my knowledge and belief, all information included in this application is true and accurate, including the commitment of all physical and financial resources. This application has been duly authorized by the participating public agency(ies). I understand the attached resolution(s), where applicable, binds the participating public agency(ies) to assume responsibility for any additional funds, if required, to complete the project. In addition, the participating public agency(ies) agrees to maintain any new or improved public streets or roadways for a minimum of five years. I understand that, although this information is sufficient to secure a commitment of funds, a firm contract between the applicant and the Department of Transportation is required prior to the authorization of funds. Representing the City of Waterloo Signed: Attest: Signature Date Signed Quentin Hart Printed Name Signature Date Signed Printed Name Page 293 of 315 \ 1 \ gam gg\ - ggg vy , EASTBOUND INDEPENDENCE AVENUE APPROACH TO VINTON STREET STRIPING TO ADD A LEFT TURN LANE •\ CITY OF WATERLOO Council Communication Motion approving Change Order No. 1, in the amount of $13,247.70, in conjunction with the RedZone Robotics sewer pipe inspections, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Reviewer ante an..a ern.cnt .an. Clerk Office (ice Even., 11,eAnn . ATTACHMENTS: Description Ch.an..gc Order .. e u . ern..o toMayor Submitted by: Recommended Action: Expenditure Required: Source of Funds: •ii Action Date Approved 7/3 1 /2( ,,,,,,, 1Q : I„ 9 Approved 7/3 1120 4:01 Type C over .o Cover :. e:rm..o Submitted By: Brian Bowman, Treatment Operations Supervisor Approve Change Order $13,247.70 Sewer Funds Page 295 of 315 REDZONE ROBOTICS CHANGE ORDER FORM Date: 7/e9// RZ Project No.: *--...TS-747/ 9/6 Client Project No.: Client: 4 RZ Project Name* 7 Description of change: 6/J- _CT Client Project Name: /144 I- a/4 noco CHANGE to CONTRACT PRICE DESCRIPTION Original Contract Price: Net change bypreviously authorized Change Orders: Preserit Contract Price* . This CligrAle Order will (addideduct): New ContractPrice: . . . Z 762 CHANGE TO CONTRACT TIME DESCRIPTION DATE or NUMBER OF DAYS Original Contracte: Original Substantial Completion Date: .--, Net change by previouslyauthorized Change Orders: This Change Order add/deduct : .._ .,.. New Con rad Time: New Substantial Completion Date:__________________ REDZONE TITLE/ROLE CLIENT: TITLE/ROLL Attached Original Supporting Documentation: APPROVALS DATE: Attached Amended Supporting Documentation: This Change Order is an amendment to the Contract/Agreement between RedZone and the above, and all other contract provisions shall remain in full force and effect unless specifically amended in writing, signed by both parties. CO FoRiviNee506bf 315 1J1111111111111J1))��J1; „„„.„.„„„„„0„.„„,„,„„„„„,„.„.,..„„.. July 31, 2019 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Memo to Waterloo Mayor and City Council: RE: Change Order No.1 to the February 15, 2019 Agreement with RedZone to evaluate 20,662 feet of 48"-60" Interceptor Sewer Pipes. Background Discussion: In an original agreement between the City of Waterloo and RedZone Robotics on February 15, 2019 the City provided footage of Sewer Pipe to be inspected via GIS. When work was being performed additional footage was in excess of the amount initially quoted. Recommended Action: It is recommended that the City Council approve Change Order No.1 for the additional inspection provided by RedZone in the amount of $13,247.70 Page 297 of 315 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1, in the amount of $1,897.84, in conjunction with the addition of fifty- six (56) lighting fixtures to the Passenger Terminal Ceiling Light Replacement Project, and authorize the Mayor to execute said document. City Council Meeting: 8/5/2019 Prepared: 7/31/2019 REVIEWERS: Department Airport Clerk Office ATTACHMENTS: Description D i :D J � Copy of CI Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer ,,. aspar i, 1K e i rl E ,venn, icA inin N - Action Approved AJPProv�. Type Cover Submitted By: Keith Kaspari, Airport Director Date 7/3 1./20 7/3. /2:. Airport Staff is requesting approval of Change Order No: 1 to Shaw Electric. This project, allows Staff to add quite a number of additional fixtures (56) to the existing contract, for the replacement of ceiling light fixtures - whereby Staff is replacing the current florescent fixtures and to transition to energy - efficient LED's. Change Order No: 1 total is: $1,897.84. Iowa DOT and Office of Aviation Grant No: 9-I-190-ALO-200, that provides 100% funding for this project. Even with this Change Order, Staff is thankful that the revised total is still less then the Engineer's Original estimate - thereby allowing Staff to add additional light fixtures for the terminal building. This project complies with the City of Waterloo's Strategic Plan, as follows: 1. Goal No: 3, and Strategy No: 3.3, 3.4, 3.5 and 3.7. 2. Goal No: 4, and Strategy No: 4.5. No Alternatives were selected for this Staff request. This project, which will end up being a multi -phase project, will continue to address the rep lac ement of older and less electrical utility efficient light fixtures, for both buildings and parking facilities, to transition the older light fixtures to current generation LED fixtures, to allow the airport and tenants, to be a little bit greener and more energy efficient - thereby with a further goal Page 298 of 315 of seeing decreases in building or system operating costs. Legal Descriptions: Not Applicable for this request from Staff. Page 299 of 315 CHANGE ORDER NO. 1 Owner Waterloo Regional Airport, City of Waterloo, Iowa Date July 30, 2019 Project Terminal Building LED Lighting — Terminal Improvements Owner's Contract No. IDOT CSVI 91190AL0200, Contract 20601 Contractor Shaw Electric, Inc. Date of Contract Start July 29, 2019 You are directed to make the following changes in the Contract Documents. Description: BASE BID 1 TERMINAL BUILDING RELAMP WITH LED LAMPS, TERMINAL BUILDING LOBBY AREA / BAG CLAIM EA 56 $ 18.18 $ 1,018.08 2 REPLACE BALLAST EA 28 $ 31.42 $ 879.76 BASE BID SUBTOTAL $ 1,897.84 Reason for Change Order: The purpose of this change order is to add additional 28 lighting replacements on the first floor of the terminal building to this project. Terminal Building LED Lighting CO-1 1 Project No — 60600098 Page 300 of 315 CONTRACT PRICE Original: Previous C.O.s (ADD) : $ 9,23 0.72 $ 0.00 This C.O. (ADD): $ 1,897.84 Contract Price with all approved Change Orders: $ 11,128.56 CONTRACT TIMES (Contract Completion) To substantial To final completion completion Original: Previous C.O.s (ADD) : This C.O. (ADD): REVISED: 11/01/2019 0 0 11/01/2019 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: Engineer (Authorized Signature) APPROVED: By: Owner (Authorized Signature) ACCEPTED: By: Contractor (Authorized Signature) Date Date Date Terminal Building LED Lighting CO-1 2 Project No — 60600098 Page 301 of 315 CITY OF WATERLOO Council Communication Board of Adjustment minutes of May 30, 2019. City Council Meeting: 8/5/2019 Prepared: 7/30/2019 REVIEWERS: Department P ianmmmn Reviewer I 1 mby, dm cy Action Date Approved 7/30/ ,,,,,,, :49 A ATTACHMENTS: Description Type :BOA, minutes 5/30/19 Cover emmemo SUBJECT: Board of Adjustment minutes of May 30, 2019. Submitted by: Submitted By: Page 302 of 315 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MAY 30, 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, and Chris Western. I. Approval of the May 30, 2019 agenda. It was moved by Beckman and seconded by Chiles to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, April 23, 2019. It was moved by Thornsberry, seconded by Leadley to approve the minutes of the January 29, 2019 Regular Meeting with amendments. Motion carried unanimously. III. Decision Items 1. Request by Iowa Habitat for Humanity for a variance to the requirement that the lot width 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. Western stated that the request was approved at the April 23, 2019 meeting. However, the legal department suggested that the request be reheard as there were complaints that the variance sign was placed in the wrong location causing confusion amongst the neighbors. Otherwise nothing has changed with the request. Beckman asked for clarification on the sign location. Western stated that the sign was placed in front of 1631 Calhoun Street instead of the vacant lots in question. Sandra Grady at 1631 Calhoun Street spoke against the project siting water issues. Ms. Grady presented statements from another neighbor who thought the lots would only be 33' wide lots. Condon stated that the survey shows 50' lots. Ms. Grady then presented pictures of the lots in question stating she thought the survey stakes where incorrect. Condon asked for clarification for the objection. Ms. Grady thought the homes would be too close. Pat Hayes of 2166 Independence Avenue spoke against the project stating that building 3 houses was too much for the area. Beckman made mention of the lot sizes to the south. Western stated that those lots were 60' wide which are why the applicant is seeking the variance. Chiles asked if there was an ordinance that limits house size on residential lots. Western stated that the ordinance has maximum lot coverage of 35%. Chiles explained to Ms. Grady that the ordinance prevents the construction of a home that would cover more than 35% of the lot therefore would leave adequate room between her property and the proposed home. Ms. Grady asked about garages. Western stated that the ordinance requires at least a single stall garage and in this situation they would probably build a single stall detached garage. Condon and Chiles went on to say that the proposed homes that Habitat for Humanity builds are typically no more than 1,200 square feet. Ms. Grady reiterated that she felt that three house and 3 garages on two lots was too much. Western stated that one of the lots is 100' wide and the total width for both lots is 152'. They will be divided into 3 50.8' wide lots. Ms. Grady asked how wide her lot was. Western stated that her lot was 52' wide. Thornsberry asked if there was anything that speaks to natural springs and if the springs were identified. Western stated that would be up to the contractor to build the home in a way that would mitigate any water issues and the property in question is not in a 100 year flood plain but that if it was there would be provisions in the ordinance that would address that. Thornsberry asked if there were any areas with specific codes such as planned districts. Western Page 303 of 315 BOARD OF ADJUSTMENT May 30, 2019 Minutes stated there are areas that are in Planned Residential areas within the city limits. Thornsberry asked if Maywood was in one. Western stated that it was not. It was moved by Thornsberry, seconded by Chiles to approve the request by Iowa Habitat for Humanity for a variance to the requirement that the lot width 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. Motion Carried unanimously. 2. Request by Eric Johnson on behalf of Skyline L.C. for a variance to allow the vehicular use area to be 0' setback to the property line, 5' less than the minimum 5' setback required, for the purpose of constructing a drive through located at 1503-1527 San Marnan drive. Western gave the staff report. Condon asked if the right-of-way along San Marnan Drive was state or city owned. Western stated that it was city owned. Schroeder added that the state transferred the right-of-way to the city after San Marnan Drive project was no longer a highway. Thornsberry asked what the statement in the staff report of the request meets most of the minimum requirements means. Schroeder stated that the strip mall has an agreement with the owner of the lot to the north and that staff does not anticipate a drastic change in the number of parking stalls needed. Condon asked if the 11 parking stalls shown in the site plan would be sufficient. Schroeder stated that for this unit within the strip mall the 11 stalls should be sufficient. Thornsberry expressed concern over the staff report mentioning the sale of right-of-way along San Marnan Drive to the applicant as there is a drainage way present. Western stated that if the right-of-way was sold it would be simply to add land to the parking so that the minimum setback could be met but that an easement would be placed over the area preventing any construction or disturbance of the drainage way. Schroeder reiterated that an easement would be retained but feels with the variance the sale would not be necessary. Beckman asked about traffic flow. Schroeder discussed the sight plan and explained that the existing ATM will be relocated to allow for better traffic flow. Leadley asked for further clarification of the traffic flow. Eric Johnson spoke on behalf of the applicant stating that the new business will be a sandwich shop. Johnson went on to explain that the applicant is simply trying to be creative in making the retail space more marketable. Leadley stated she really liked the parking lot design. It was moved by Beckman, seconded by Chiles to approve the request by Eric Johnson on behalf of Skyline L.C. for a variance to allow the vehicular use area to be 0' setback to the property line, 5' less than the minimum 5' setback required, for the purpose of constructing a drive through located at 1503-1527 San Marnan Drive. Motion carried unanimously. III. Discussion There was no further discussion. IV. Adjournment It was moved by Beckman, seconded by Chiles to adjourn the meeting► at 4:40 p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator Page 304 of 315 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of June 25, 2019. City Council Meeting: 8/5/2019 Prepared: 7/24/2019 REVIEWERS: Department Reviewer irport K: as ari, K efth. Clerk 0 f I Thy, N ancy Action Date Approved 7/2; `12 9,,,,,,, : 2, I Approved 7/2 9/2 19 9:16 ATTACHMENTS: Description Type D Airport Bo r( eel:lng .1Utes, June 25, 2 1. Cover SUBJECT: Airport Board Meeting minutes of June 25, 2019. Submitted by: Submitted By: Keith Kaspari, Airport Director Page 305 of 315 MINUTES WATERLOO REGIONAL .I . .T BOARD Tuesday, June 25, 2019 I. ROLL CALL Chairman Hugh Field called the meeting to order at 1 : 0 p.rn. Board Members Present: Arlene Humble, Dr. Linda Alien, Cary Darrah and Hugh Field. Board Members Absent: Gwenne Berry, Scott Voigt and Chuck Needham. City Officials Present: Councilmember Margaret Klein, and Adrienne Miller, Planning Dept. Airport Staff Present: Keith Kaspari, Airport Director, and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel, AECOM; David Deed, JSA Development, and Warren Brecheisen. Local Pilot and Member of the local EAA Chapter. 11. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Field asked for an update on contact with United. Airlines. Mr. Kaspari stated still no response. Mr. Field stated he has been playing phone tag with Mayor Hart and asked if there was anyone else who could serve as a "door - opener". Discussion followed. Mrs. Humble asked if we could contact Delta Air Lines to see if may consider a return of service to Waterloo, as they are the No: I rated airline in a new study. Mr. Kaspari stated we could try. Mrs. Humble will reach out to her contacts. B. Monthly Planning & Development Report — N/A 1 Page 306 of 315 C. Legislative Information Discussed a recently proposed piece of legislation to cut funding to the EAS Program. Mr. Kaspari stated this is proposed frequently and that our local legislators have stated they will adamantly oppose this proposal. D. Misc. Monthly Airport Reports Reviewed and discussed the AAOn-Time Performance. showing 15% of May flights were delayed more than one hour; also reviewed fares, which are not currently very competitive. Mr. Kaspari stated he has forwarded this information to our AA fare analyst and is waiting to hear back. V. BOARD APPROVAL A. Approval of Minutes of the May 28, 2019 Regular Meeting Moved by Mrs. Darrah, seconded by Dr. Allen, that the minutes of the May 28, 2019 meeting be approved. Ayes: 3. Motion carried. B. Motion to Receive and File May 2019 Expenses Moved by Mrs. Humble, seconded by Mrs. Darrah, that the May 2019 expenses be received and filed. Ayes: 3. Motion carried. VI. OLD BUSINESS A. New Hangar Development Update — A -Line AL , LLC (Status of Air Space Review) Mr, Kaspari stated that. the FAA is working on the Air Space Review for the A -Line Hangar. This process must be completed with a finding of No Significant Impact before any construction can begin, but he stated that construction should go quickly once it begins, and remains hopeful that substantial construction — including a Certificate of Occupancy, will be completed prior to the end of the calendar year. B. Future Date to Hold Broad Based Strategic Planning Meeting Mr. Kaspari stated he would like to schedule for this fall. Mr, Field asked who could lead the meeting. Mr. Kaspari stated the City used UM when they held their planning session. Mr. Field stated he would be gone for the full month of September. Mr. Iaspari stated we should then start looking at dates in October. Page 307 of 315 C. Airport Board to Provide Fo iii.al Support to Grow Cedar Valley — Air Service Working Group David Deeds gave an overview of the work being done by the Air Service Working Group. A survey on air service has been sent out to their contact list and they have had a good response so far. Closing date for completing the survey was Friday, June 28th. Mrs. Humble stated that she forwarded the survey to her client list as well. Mr. Deeds stated they are currently trying to raise funds to hire an airline consultant to facilitate airline visits. He stated that they are seeking a formal endorsement/support from the Board. Moved by r. Alien that the Airport Board provide formal support to the Air Service Working Group, seconded by Mrs. Humble. ble. Ayes: 3. Motion carried. VIL NEW BUSINESS A. Authorize Airport Director to Approve T-Hangar and Other Misc. Concession Agreements. Mr. Field asked if Mr. Kaspari was asking for authorization to approve lease agreements other than standardT-Hangars leases. Mr_ Kaspari said no, just minor Miscellaneous agreements. Moved by Mrs. Darrah that Airport Director be authorized to sign T-Hangar leases and other minor agreements, seconded by Mrs. Humble. Ayes: 3. Motion carried. V II. STAFF AND BOARD MEMBER OMM T Mr. Field stated that it is unusual that United isn't even responding to Mayor Hart. Discussion followed on possible ways to get through to them. IX. ADJOURNMENT Hearing no objections, Mr. Field adjourned the meeting at 1:03 p.m. espectfully submitted, Hugh M. Field, Chairperson 3 Page 308 of 315 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of June 18, 2019. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer Action Date -Planning i:1 igby, N d ncy Clerk Office . m hy, -1Nancy Approved 7/30/2 ( 1,. 9 - 1l O:48 A ATTACHMENTS: Description Type minut ... 8/ 9 Cover SUBJECT: Historic Preservation Commission minutes of June 18, 2019. Submitted by: Submitted By: Page 309 of 315 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, John Domoff — Planning Staff and Chris Fischels — CRF Rentals Approval of Ajenda 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. Hearinjis Request by CRF Rentals for a Certificate of Appropriateness for replacement windows at 1212 Vine Street. Dornoff read the staff report. Fischels explained that he bought the house in foreclosure and is trying to fix it up. The windows need to be replace and will be replaced by vinyl. The outer storm windows will stay. Hedrick asked when the completion date will be and Fischels estimated about 90 days. Morehouse noted that the outside of the windows would remain the same. Ottesen asked if it would make a difference if the storm windows were not staying. Motion made by Miller, seconded by Morehouse to approve the request by CRF Rentals for a Certificate of Appropriateness for replacement windows at 1212 Vine Street. Motion approved 3-1 (Ottesen). Reports 1. Main Street Design review had 4 reviews all of them tabled mostly for outdoor seating. - 1 - Page 310 of 315 They are moving forward with revising the Design Guidelines and now looking at Parklets. BBQ Loo will be coming up and My Waterloo Days was successful. 2. Silos and Smokestacks. No Report. 3. Grout Museum The Grout Board will not be meeting this month. Still looking for homes for this year's home tour as they would like to see more homes. 4. Building Update Dornoff noted that the funding for the Dunsmore House is for rehabilitation if a willing organization can be found to work on the house. Dornoff said that there is a party interested in the Rath but there may be complications. Ottesen stated that he hopes any project includes immediate stabilization of the building. 5. Project Update The Walnut National Register Nomination went before the State Nomination Review Committee on June 14th. The committee wanted to see some minor changes then it will be submitted to the National Park Service. 6. Highland Miller said the plaques have been put up on the pillars on Highland and a celebration will be held the next day on June 19th to celebrate the new plaques. Discussion Items/Possible Action Items 1. Library Presentation Andrew Ball from AHTS Architecture will be doing his tax credit presentation. 2. Preservation Iowa Dornoff went over the presentation he attended including the CLG round table. • CLG Grant will be due on September 6th • Need succession planning in the leadership positions of the commission. • Videos about historic preservation have been popular. • Coloring books. • Have commissioners meet with city council members. -2- Page 311 of 315 • Commissioners may want to consider running for public office. • Packet to city council members? • Historic walks. • Iowa City is doing podcasts. • Newton has a micro grant program for their downtown area that is a 1 to 1 match and is cooperate effort between Main Street and the Newton Planning Department. To receive grants applicants must follow design guidelines. • Newton has received 8 CLG Grants • Newton lost their largest employer Maytag when the company was bought out by Whirlpool in 2006. • Today has more jobs than when Maytag dominated the city. • Historic Preservation is part of their comprehensive plan. • Celebrate little successes. • City has not lost population despite the loss of Maytag. 3. Grants As noted the CLG Grant will be due on September 6th so the commission should decide in the July meeting on what the pursue. 4. Design Guidelines Dornoff noted Rohret has concerns about going over the Design Guidelines along and would like to team up. 5. Action Plan Need to look at the action items that will be coming up before the end of the year. Other Discussion: Morrissey said he would like to see Anderson come to a meeting every few months to show that he does care about historic preservation. Adjournment Ottesen adjourned the meeting at 5:24 p.m. Respectfully submitted, ri: John Domoff Planner I - 3 - Page 312 of 315 CITY OF WATERLOO Council Communication Complete Streets minutes of May 21, 2019. City Council Meeting: 8/5/2019 Prepared: REVIEWERS: Department Reviewer Plam nn hgby, Nd:ncy Clerk 0 f Im by, N ancy Action Date Approved 7 3 0 2( 9 5:02 I Approved 7/:� 0/2 19 ,,,,, 5:02 t ATTACHMENTS: Description Type D Complete to tr met' 5/ it (ov r SUBJECT: Complete Streets minutes of May 21, 2019. Submitted by: Submitted By: Page 313 of 315 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting May 21, 2019 Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30pm May 21, 2019 by Chairperson Cass in the Mollenhoff Room, City Hall, 7:15 Mulberry Street. Roll Call: Members present were: Felicia Cass, Will Frost, Pat Morrissey, Brian Schoon, Wayne Castle, Codie Leseman, Paul Huting, Ray Feuss, Aric Schroeder and Kevin Blanshan. Members absent were: Dan Trelka, Janet Buls, Mohammad Elahi, Jessica Rucker, Jeff Bales, Kevin Blanshan, Abraham Funchess, and Greg Young. Also present: David Deeds — JSA Development, Ali Parrish — Habitat For Humanity, Matt Schindel - Engineering and John Dornoff — Planning and Zoning Staff. It was moved by Morrissey, seconded by Blanshan to approve the minutes of the April 16, 2019 meeting. Motion carried unanimously. Sidewalk Infill Policy • Castle, Cass, Schoon, and Schindel met with Knutson to discuss the complete streets policy. • Looked at funding sources. • Cedar Rapids has a Missing Segment Policy. • Will compare the Cedar Rapids scoring matrix to the one used by the Engineering Department. • Cass went over the Cedar Rapids scoring matrix. • Will have CIP Funds, $50,000 allocated in the next fiscal year and $20,000 from the previous fiscal year. • Tavis Hall made an impassioned plea for a sidewalk infill policy at the May Planning and Zoning Commission meeting. • Leseman noted that the sidewalk infill policy can support the pedestrian master plan and vis versa. Sidewalk Scoring • Schindel prioritized projects using the Cedar Rapids scoring matrix. • Focuses on connectivity. • Can use this scoring system as a shadow system for now. • Schindel used GIS to create a quarter mile boundary around the schools. • Will run proposed segments through the scoring system. • Cedar Rapids defines a gap as less than 250 feet of sidewalk; over that amount it is considered a segment. • Total cost for sidewalks in the Kittrell School area is $1.4 million but if only one side is done it would be half that amount. • Opposition is taken into consideration in the Cedar Rapids scoring system. Planning Commission Review. • Schroeder went over the planning agenda that has only two items. • First item is a rezone along Logan Avenue/US Highway 63 which already has a trail in front of it. • The second is an appeal to allow for a wider driveway at the corner of 4th and Ansborough. • It was asked if it would need to have sidewalk cuts but Castle noted it would not as it would difficult to put sidewalks on that side of 4th and Ansborough. • Discussion if there is no sidewalk cuts currently would you require the property owner to tear out existing driveway to create the sidewalks cuts especially in cases where a large amount of the driveway would have to be torn out due to existing grades. University Avenue • Phase 2 is currently under construction. • Design work is underway for phase 3. Page 314 of 315 Complete Streets Advisory Committee May21, 2019 • Move the date for AECOM to present from June to July. CIP • As mentioned above complete streets has $70,000 available from the CIP. • The committee will make a recommendation of projects to Knutson then he will work with throught he budget process. • Could do 2 blocks of Esther and the gaps in Park Lane. Bike Ordinance • A workshop was held on May 20th to explain the Ordinance to City Council. • The power point from the workshop was presented. • Morrissey went over the ordinance. • Morrissey noted that Elahi aired on the side of safety when comparing this proposed Ordinance with the proposed Ordinance in Cedar Falls that has not been approved yet. • The last update to the Ordinance covering bicycles was more than 50 years ago. • Electric Scooters are not covered by the Ordinance. • There was concerns expressed about the definition of a trail and the requirement for the map to be updated yearly but it was noted that INRCOG creates the trail map for the area. • There were also concerns about the Ordinance being unenforceable. • Cass noted that the Ordinance will be the first step in the process. • There will be legal liabilities for motorists when they interact with bicyclists and create rules for the road. • Concerns were expressed about the lack of age requirements and the attempt to regulate morality. • Parish said that sidewalks needed to be added to the definitions. It was moved by Huting, seconded by Morrissey to recommend sending the Ordinance to City Council with friendly amendments to add a definition of sidewalks and change business district to central business district. Motion carried unanimously. Strava Heat Map • Leseman demonstrates what the Strava Heat Map is and how it works by using GPS data from phones and information from apps to show the frequency of people bicycling, running, and canoeing. • The map goes back 2 years and is updated regularly so if you will want to screen shot the data to see how things change over time. • The maps can be used to create policies and engineer designs. Discussion • Next meeting will be on June 18th Adjournment Cass adjourned the meeting at 3:25p.m. Respectfully submitted, John Dornoff Planner I 2 Page 315 of 315