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Home My WebLink AboutCouncil Packet - 11/4/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, November 4, 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 depaitiiient. 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 251 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Ray Feuss, Ward 5 Council Member Agenda, as proposed or amended. Minutes of October 28, 2019, Regular Session, as proposed. Recognition of Earnest Owens for 30 years of service. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as November 18, 2019 to approve the request by Stanley Hood to vacate two 8 foot utility easements, approximately 1,714 square feet along the north and west property lines at 118 Longview Drive, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as December 12, 2019 and date of public hearing as December 16, 2019, for the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and instructing the City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 21, 2019 and date of public hearing as November 25, 2019, for the FY 2020 Rip Rap Repairs Along Levee System, Contract No. 999, and instructing the City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Cancellation of assessments for properties listed on Exhibit A, and authorize City Page 2 of 251 Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 6. Resolution approving cancellation of the December 23, 2019 city council meeting and rescheduling a city council meeting to December 30, 2019. Submitted By: Kelley Felchle, City Clerk 7. Resolution setting date of public hearing as November 18, 2019, to approve the request by Warren Transport Inc., for a Site Plan Amendment to the "B-P" Business Park District to allow for the construction of a new 39,600 square foot trucking facility, located east of 3121 Greyhound Drive, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Craig Billerbeck, Lab Technician Class/Meeting: Water and Wastewater Operator Training Class - Activated Sludge Overview Destination: Cedar Rapids, IA Dates: November 20, 2019 Amount not to exceed: $137 b. Officer Schuster Class/Meeting: Technical Accident Investigator School Destination: West Des Moines, IA Dates: November 12-22, 2019 Amount not to exceed: $1,865 c. Sgt. Erie and Inv. Gergen Class/Meeting: Taser Instructor Recertification Course Destination: Oelwein, IA Dates: November 20, 2019 Amount not to exceed: $990 2. LIQUOR LICENSES a. Love's Travel Stop #702, 3301 Greyhound Drive, Suite A Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 11/16/2020 b. Petersen & Tietz Florists & Greenhouses, 2275 Independence Avenue Class: B Native Wine Renewal Application Includes Sunday Expiration Date: 10/8/2020 c. Aldi #33, 1918 Schukei Rd. Class: B Wine / C Beer Renewal Application Includes Sunday Page 3 of 251 Expiration Date: 11/3/2020 d. Lark Brewing Company, 3295 University Avenue *Adding Brew Pub to Current License* Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 8/29/2020 e. The Snack Shack, 4335 Texas Street Class: E Liquor New Application Includes Sunday Expiration Date: 7/31/2020 3. Bonds. PUBLIC HEARINGS 2. Request by the City of Waterloo to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District and rescinding Ordinance No. 5046. 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, to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District and rescinding Ordinance No. 5046. 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 the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 4. Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement, approximately 300 square Page 4 of 251 feet, along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to to vacate a ten (10) foot sidewalk easement, approximately 300 square feet, along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 5. Five Sullivan Brothers Convention Center Lintel Replacement. 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 Building Department for further review. Submitted By:Noel Anderson, Community Planning and Development Director RESOLUTIONS 6. Resolution approving a request by the City of Waterloo to dedicate a 3,520 square foot utility easement along a formally vacated alley west of Magnolia Parkway between Harwood Avenue and Falls Avenue. Submitted By: Noel Anderson, Community Planning and Developoment Director 7. Resolution approving a Real Estate Purchase Agreement with Ruthanne E. Rooff to purchase 325 West 13th Street and surrounding land, in the amount of $96,000 with up to $5,000 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving a Real Estate Purchase Agreement with Petcor N. A. Corporation, in the amount of $13,386.14 plus up to $5,000 in closing costs, to acquire approximately 2.05 acres along Northeast Drive, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving an Amendment to a Professional Services Agreement with INVISION Architects, LTD., of Waterloo, Iowa, in an amount not to exceed $1,892.36, in conjunction with the Waterloo Center for the Arts 2018 Toilet Renovation Project, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Page 5 of 251 10. Resolution approving a Professional Services Agreement with MMS Consultants, Inc. for wetland delineation and final platting services, for approximately ten (10) acres of land located at the southeast corner of Northeast Drive and Martin Luther King Jr. Drive, in an amount not to exceed $11,000, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, originally executed April 8, 2019, in an amount not to exceed $3,500, in conjunction with the FY 2020 Newell Street Rise Project, Contract No. 991, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer 12. Resolution approving a Lease Agreement with C & S Car Company, for a 2020 Hyundai Sante Fe, VIN#5NMS33AD8LH15443, to be used by the School Resource Unit for a six (6) month period at no cost to the City, and authorizingthe Mayor to execute said document. Submitted By: Dave Mohlis, Police Captain 13. Resolution approving the revised Fee Schedule for Garbage, Yard Waste and Recycling Services. Submitted By: Randy Bennett, Public Works Division Manager 14. Resolution approving a request by Fehr Graham Engineering on behalf of North Crossing, LLC to approve the Final Plat of North Crossing Second Addition, a 3-lot subdivision located near the northeast corner of Logan Avenue and East Donald Street. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving Amendment to the Development Agreement with Lincoln Savings Bank, originally executed on October 7, 2019, to specify the IRD funds for the rehabilitation of 75,000 square feet of professional office space in the Tech One Building, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 16. Resolution approving Debt Satisfaction and Property Transfer Agreement with Cedar Valley Tech Works, Inc. and City of Waterloo for the forgiveness of $1.425 million in owed funds, in exchange for property transfer of Tech Works Campus outlots, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 17. Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, for the writing, preparation, and submission of a FY 2020 EPA Brownfields Program Assessment Grant Application, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Page 6 of 251 18. Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, for an environmental site assessment of 325 West 13th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 19. An ordinance Amending the City of Waterloo Code of Ordinances, by repealing Chapter 3, Solid Waste Collection and Disposal of Title 4, Public Health and Safety in it's entirety and enacting in lieu thereof a new Chapter 3, Solid Waste Collection and Disposal. Motion to received, file, consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances, by repealing Chapter 3, Solid Waste Collection and Disposal of Title 4, Public Health and Safety in it's entirety and enacting in lieu thereof a new Chapter 3, Solid Waste Collection and Disposal. Motion to suspend the rules, Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Randy Bennett, Public Works Division Manager 20. Request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located at and adjacent to 2036 Ashland Avenue. Motion to receive, file, consider, and pass for the second 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 properties located at and adjacent to 2036 Ashland Avenue. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 21. An ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions,and repealing Ordinance No. 5515. Motion to receive, file and consider, and pass for the third time and adopt an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions, and repealing Ordinance No. 5515. Submitted By: Abraham L. Funchess, Jr., Human Rights Director OTHER COUNCIL BUSINESS 22. Motion to approve Change Orders Nos. 8-9, for a total increase of $295, to Woodruff Construction, LLC of Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager ADJOURNMENT Page 7 of 251 Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting minutes of July 23, 2019. Page 8 of 251 CITY OF WATERLOO Council Communication Minutes of October 28, 2019, Regular Session, as proposed. City Council Meeting: 11/4/2019 Prepared: REVIEWERS: Department ,e Reviewer Action Date 1 nrD;hy, Nancy Approved p0/29/2(d9 A M ATTACHMENTS: Description Type Minutes of d 0 28. i ➢ Backup Maier Submitted by: Submitted By: Page 9 of 251 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 18, 2019 to approve the request by Stanley Hood to vacate two 8 foot utility easements, approximately 1,714 square feet along the north and west property lines at 118 Longview Drive, and instruct City Clerk to publish said notice. City Council Meeting: 11/4/2019 Prepared: 10/27/2019 REVIEWERS: Department Reviewer Action Date Piatinin r g & Zoni .Approved. �mr�t ��der<��cn�, i�io�, � . vtd 1.0/:30/I,0 i9 ... 1.1:3 i AM t. n"]_ Office, -; NQanrcy Ap:np:provec 0/.30/20 i9 ... 121.5 P.M. ATTACHMENTS: Description Staff Report Overview Map Aerial. Map:) Description. N11idA.n ieriea:n Application SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type C7over i\1er no C'aDver Me➢ io Cover IVIemo i\ emo Memo Memo Memo Coy Memo Resolution setting date of public hearing as November 18, 2019 to approve the request by Stanley Hood to vacate two 8 foot utility easements, approximately 1,714 square feet along the north and west property lines at 118 Longview Drive, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a resolution setting the date of the public hearing as November 18, 2019 to approve the request by Stanley Hood to vacate two 8' utility easements, approximately 1,714 SF, along the north and west property lines at 118 Longview Drive, and instructing the City Clerk to publish said notice. The Planning and Zoning Commission recommended unanimous approval of the request at their regular meeting on October 1, 2019 None N/A Goal 4 • Enhance the image of Waterloo and the City to residents and Page 10 of 251 businesses inside and outside of the community. Alternative: Background Information: Legal Descriptions: The request to vacate the utility easements would not appear to have a negative impact on the neighborhood. The request to vacate the utility easements would not appear to have a negative impact on the neighborhood. There are no water or sewer utilities in the vacate area. The applicant also submitted a letter from MidAmercian Energy to denote that there are no below ground or above ground electric lines in the vacate area as well. All known utilities are located in the public Right -of -Way, east of the property in question. 1. The request to vacate the utility easements would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3.The two 8' utility easement are no longer needed for utility purposes. Legal Description for Easement Vacate — Lot 3 of Blake's Minor Plat The eight (8) foot utility easement as platted along the West line of Lot 3 of Blake's Minor Plat, and the eight (8) foot utility easement as platted along the North line of Lot 3 of Blake's Minor Plat, except the Easterly fifteen (15) feet thereof, all in the City of Waterloo, Black Hawk County, Iowa. Page 11 of 251 November 18, 2019 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. Request by Stanley Hood to vacate two 8' utility easements (approximately 1,714 SF) along the north and west property lines at 118 Longview Drive. Stanley Hood, 118 Longview Drive, Waterloo, IA 50701 The applicant is requesting to vacate two 8' utility easements along the north and west property lines at 118 Longview Drive. The request to vacate the utility easements would not appear to have a negative impact on the neighborhood. The request to vacate the utility easements will not impact pedestrian or traffic conditions in the immediate vicinity. The South Riverside Trail is located a half mile north of the vacate area in question. Longview Drive does not contain any sidewalks, and the two utility easements being vacated will have no impacts to the City's Trail Plan or Complete Streets Policy. The site and immediate vicinity has been zoned "R-1" One and Two Family Residence District since adoption of the Zoning Ordinance in 1969. The request would not require any buffering by ordinance standards. The proposed vacate area would not appear to have a negative impact on drainage. Residential buildings in the immediate vicinity were built in between 1940 and 1995. The two 8' utility easements being vacated are not located in a 100-year floodplain as indicated by the Flood Insurance Rate Map No. 1900025 0169F. Castle Hill Park is located % mile to the northeast of the project site. There are no water or sewer utilities in the vacate area. The applicant also submitted a letter from MidAmercian Energy to denote that there are no below ground or above ground electric lines in the vacate area as well. All known utilities are located in the public Right -of -Way, east of the property in question. 118 Longview 8' Utility Easement Vacates Page 1 of 2 Page 12 of 251 November 18, 2019 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The request to vacate two 8' utility easements along the north and west property lines of 118 Longview Drive would not appear to have a negative impact on the neighborhood or traffic conditions in the area. There are no known utilities within the vacate area, and the two 8' utility easements are no longer required for utility purposes. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on October 1, 2019. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate two 8' utility easements at 118 Longview Drive (approximately 1,714 SF) be approved for the following reasons: 1. The request to vacate the utility easements would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The two 8' utility easement are no longer needed for utility purposes. 118 Longview 8' Utility Easement Vacates Page 2 of 2 Page 13 of 251 City of Waterloo Planning, Programming and Zoning Commission November 18, 2019 ,A-1 t w U Q 2 BLVD GRP = o .cn rri z CD z 1 Q p RA//V1111111111 BOwDRI DESOTO AVE J111 1111 Y. � p CARDINALDR 0 e. c:i 7 m l w 0 �RD-1, C-Z w 1 tt1 o % R-1 II I r mo} ~ ( '"'„ ---1 R74— R-2 1111111111 JAY LN MAYNARD AVE R-2:C1Z 1 4oC-Z'I , 11111 R=3 C-2 118 Longview Drive Easement Vacate Stanley Hood Page 14 of 251 City of Waterloo Planning, Programming and Zoning Commission November 18, 2019 11IN1111111111111111111111111111111,1,vol""tl ii111111il�IIIIII11IIIIBil l dim 'uu4 1010 15' Easement Not to be Vacated 181 Longview Drive Easement Vacate Stanley Hood Page 15 of 251 Legal Description for Easement Vacate — Lot 3 of Blake's Minor Plat The eight (8) foot utility easement as platted along the West line of Lot 3 of Blake's Minor Plat, and the eight (8) foot utility easement as platted along the North line of Lot 3 of Blake's Minor Plat, except the Easterly fifteen (15) feet thereof, all in the City of Waterloo, Black Hawk County, Iowa. Page 16 of 251 118 Longview — Easement Vacate I!I ,1111111 Looking west along the north property line along the vacate area. IIII„1IIIIIIIIIIIIIIIIIIIII 'w u 1;IIK;1„,,, Looking south from the north property line along easement that will not be vacated. Looking from the northeast corner of the property line. rI 'Ieh'IIY Ima" r YIYIYI1Iah'h ull gqryll l l Il'II id11111, ly' w 1,1111 VI dui Looking west from the east property line. ' umv''ylpluiNl';YfN Page 17 of 251 1:\1\--.11 • • „,„ • 00, ,• • ,,,,:'?„„st,):11 (•••••- „ :,i0244',O;11 Page 18 of 251 ep 03, 2019 04:06 PM I ERI�v�� K] �EA��Y[^�lK�P�Kj\/ no�=�a ��"�""�- ' COMPANY JUk/28.201S Stan and Michele Hood 118Longview [}r�8 Waterloo, [A 50701 ��` Lot 3, Blake's Minor Plat . Re: Release interest iO oF8QJnded Public Utility Easement (P.U E] Dear Mr. and Mrs. Hood: M idAmoricaoEnergy Company ArOV:Rioht of Way mIBox c57 Des Moines, IARmo6-0 m This letter iSklresponse tOthe request for OED8FgVCODlp3nyhJnB|e8SeiDter8StiO 8 part ofthe eight U]'\foot P.U.E. located within Lot3, B|@he's Minor Plat, VVot8dOo, |Dvva as recorded iOBook 319Misc. 248and laid out 0Othe south 284.7Yfeet nfLots 21 a*nd22'Midway in Castle Hill in Black Hawk County, |OVVG. K8iclA08hC8DEnergy Company has reviewed the request bJrelease part 0fP.i]'E.and approves Ofthe proposed vacation Ofthat part Ofthe P.U.E.over, under, across and through the West 8feet and the North Ofeet ofsaid property except for the East 15feet. Please note that K8idADl8[iC8OEOe[gy retains use 0fthe 15foot wide P.U.E.along the East side ofsaid property. For your protection, please call Iowa One Call /1-8OO-2S2-8S0S\and have all utilities located before you dig. Sincerely, ,— ` - / ��Jamie Baker � Right of Way Services ��id/\DlBhCaO�l� Energy Company City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 CI Offer to Vacatg and Purchase City Right -of -Way Request to(yaFate EasenlentNacate Sidewalk, or Encroachment Agreement CI Sale of City -Owned Property Applicanti1"/Z/el / 64/4, Address: af Phone No.: General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 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 ($475,00) Filing Fee • ,Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not 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: 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 tnember. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reas n for the request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 20 of 251 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as December 12, 2019 and date of public hearing as December 16, 2019, for the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and instructing the City Clerk to publish said notice. City Council Meeting: 11/4/2019 Prepared: 10/29/2019 REVIEWERS: Department Reviewer Action Date ineerung Kitson, Jamie .Approved 10/29/20i9 ... 5:ll p ]E:1M NQanncy Apian`ovt.d 10/29/2,019 ... 5:1.2.n1.M SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as December 12, 2019 and date of public hearing as December 16, 2019, for the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and instructing the City Clerk to publish said notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Plans prepared by AECOM Source of Funds: GO Bonds Page 21 of 251 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 21, 2019 and date of public hearing as November 25, 2019, for the FY 2020 Rip Rap Repairs Along Levee System, Contract No. 999, and instructing the City Clerk to publish said notice. City Council Meeting: 11/4/2019 Prepared: 10/29/2019 REVIEWERS: Department Reviewer Action Date ineering KnLas on, Jamie Approved 10/30/2,019 .. 8:36 AM N a icy Approved l 10/.30/2,0 19 9:1 Qi A SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 21, 2019 and date of public hearing as November 25, 2019, for the FY 2020 Rip Rap Repairs Along Levee System, Contract No. 999, and instructing the City Clerk to publish said notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Plans prepared by City Engineering Department Source of Funds: GO Bonds Page 22 of 251 CITY OF WATERLOO Council Communication 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: 11/4/2019 Prepared: 10/30/2019 REVIEWERS: Department Reviewer Action Date t'ierk_ Office i8iz�a�hy, Nancy A.pprouch 10/30/2019 ... 12:i5 ]E:AN4 ATTACHMENTS: Description Type D Exhibit A Exhibit SUBJECT: Cancellation of assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 23 of 251 EXHIBIT A Miscellaneous N ,47 c OC CO OC h O Weed Removal Weed Removal Sidewalk Garbage co M N m <0 ,O Ef3 yj M 69 Storm $13.24 h O N •9 Sewer cc W c O` ,.O EA N EA M 09 EA Address 2436 Michelle Drive 1142 Ora Drive 828 Hammond Ave 106 Linn Street 718 Albany Street Parcel Number 8913-33-426-006 8813-04-304-036 8913-35-237-010 8913-24-180-021 8912-19-326-014 ,--i N M N Council Date: 11.04.19 Page 24 of 251 CITY OF WATERLOO Council Communication Resolution approving cancellation of the December 23, 2019 city council meeting and rescheduling a city council meeting to December 30, 2019. City Council Meeting: 11/4/2019 Prepared: 10/30/2019 REVIEWERS: Department Reviewer Action Date ( lerrk:Offcc Approved 10/30/2,01992 pTM SUBJECT: Resolution approving cancellation of the December 23, 2019 city council meeting and rescheduling a city council meeting to December 30, 2019. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 25 of 251 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 18, 2019, to approve the request by Warren Transport Inc., for a Site Plan Amendment to the "B-P" Business Park District to allow for the construction of a new 39,600 square foot trucking facility, located east of 3121 Greyhound Drive, and instruct the City Clerk to publish notice. City Council Meeting: 11/4/2019 Prepared: 10/31/2019 REVIEWERS: Department 1° pna➢➢rni➢➢& Zoning Clerk: Office ATTACHMENTS: Description D Staff Report D Overview IV1R]r D Aerial. Map .i poop. Plain iviaaprr Site. Plan tick Route I ap Reviewer Schroeder, A:ric Ever➢, l:,e�dann Water Worp<s Site Map I icture„1 l:tnn➢paiinai, pi1evnatuaa➢➢ l::nnppaiin➢i$ i,ayoa:at Aiication SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cove Cove Date 0/.311/2.0119 10/31/2.019 ... \4 ciao Memo M er➢r;o N'erno (.7 nvr.,r Memo vti:,r Memo re .Menlo Memo Mp. e m.o Mp e n➢ro.o 6 AM Resolution setting date of public hearing as November 18, 2019, to approve the request by Warren Transport Inc., for a Site Plan Amendment to the "B- P" Business Park District to allow for the construction of a new 39,600 square foot trucking facility, located east of 3121 Greyhound Drive, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a Request by Warren Transport Inc., for a Site Plan Amendment to the "B-P" Business Park District to allow for the construction of a new 39,600 SF Trucking Facility located east of 3121 Greyhound Drive. Page 26 of 251 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: None N/A Strategy 1.3: Ensure that development ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing businesses. N/A The request to construct a new 39,600 SF Trucking Facility would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial and commercial developments in the area. The proposed Site Plan Amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Titan Trail and Cyclone Drive which are classified as local roads. Highway 63, an Arterial, is located to the east of the site. The site plan notes drainage easements, setbacks, lot dimensions, parking, parking surfaces, neighboring subdivisions, office location, road access, sidewalks, and utility easements. The Technical Review Committee had concerns regarding how the drainage would flow or be piped with an off -premise drainage/detention system. However, the site plan does show an 80' drainage easement and the proposed location for three 48" culverts that will be utili7ed to pipe the storm water through the development. In addition there were questions concerning whether or not the semis would be fully loaded when accessing the site and their preferred route for entering and exiting the site. A representative for Warren Transport noted that the vast majority of semis would have no load when accessing or leaving the site. For accessing the site, semis coming off of Highway 63 or Highway 20 shall utilize Greyhound Drive and Titan Trail. For semis leaving the site, Cyclone and Titan Trail will be utili7ed till semis reach Greyhound Drive before heading south to Highway 63 or Highway 20. Therefore, staff recommends that the request by Warren Transport Inc. for a Site Plan Amendment in "B-P" Business Park District located east of 3121 Greyhound Drive, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would appear to have a positive impact upon the surrounding area by infusing private investment near the former Greyhound Dog Track site Page 27 of 251 Legal Descriptions: And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc Part of Lot 3 in Greenbelt Centre Plat No. 3; all of Lots 7, 8, 9, 10, 11, and 12 in Greenbelt Centre Plat No. 5; part of Lot 2, and all of Lots 3, 4, and 5 in Greenbelt Centre Plat No. 8; more particularly described as: Beginning at the Northeast comer of Lot 12, Greenbelt Centre Plat No. 5, being at the south right-of-way of Athens Drive and the west right-of-way of Titan Trail; thence S 89°31' 10"W 1016.81 feet along the south line of Athens Drive; thence SO°17'25"E 716.05 feet to the north right-of-way of Cyclone Drive; thence N89°42'35"E 799.89 feet along the north right-of-way of Cyclone Drive to the northwest right-of-way of Titan Trail; thence N35° 13' 19"E 337.15 feet along the northwest right-of-way of Titan Trail; thence northerly 74.78 feet following the northwest right-of-way of Titan Trail along a 120.00 foot radius curve, concave northwesterly, said curve having a chord of 73.57 feet bearing N17°22' 15"E; thence NO°28'50"W 374.88 feet along the west right-of-way of Titan Trail to the point of beginning, containing 16.000 acres, and is subject to easements and restrictions of record. Page 28 of 251 November 18, 2019 REQUEST: APPLICANT(S): Owner(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: Request by Warren Transport Inc., for a Site Plan Amendment to the "B-P" Business Park District to allow for the construction of a new 39,600 SF Trucking Facility located east of 3121 Greyhound Drive. Warren Transport Inc., 210 Beck Avenue, IA 50704 Deer Creek Development, LLC, 315 5th Street, Hudson, IA 50643 The applicant is requesting to construct a new 39,600 SF Trucking Facility on property zoned "B-P" Business Park District along the Titan Trail between Athens Drive and Cyclone Drive. The request to construct a new 39,600 SF Trucking Facility would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial and commercial developments in the area. The proposed Site Plan Amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Titan Trail and Cyclone Drive which are classified as local roads. Highway 63, an Arterial, is located to the east of the site. Sidewalks will need to be constructed along the north side of Cyclone Drive. The Sergeant Road Trail is located only 350 feet east of the project area. The area in question has been zoned "B-P" Business Park District since March 3, 2008, when the land was rezoned from "M-2, P" Planned Industrial District to allow for light industrial and commercial development on the site. Surrounding land uses and their zoning designations are as follows: North — Vacant Land, zoned "B-P" Business Park District. South — Industrial and Commercial Businesses, zoned "B-P" Business Park District. East — Vacant Land, Industrial, and Commercial Businesses, zoned "B-P" Business Park District, "M-2,P" Planned Industrial District, and M-1" Light Industrial District. West — Vacant Land, zoned "B-P" Business Park District. No buffers are needed regarding this request. The applicant will need to submit and execute a landscaping plan for the site during the building permit approval process. It will be necessary that a Storm Water Detention Plan and Storm Water Pollution Prevention Plan (SWPPP) are submitted to the Engineering Department for review and approval as part of the building permit approval process. The site plan does denote a SPA E of 3121 Greyhound Drive Page 1 of Page 29 of 251 November 18, 2019 drainage easement to the west of the proposed building site. DEVELOPMENT The surrounding area is mostly vacant land to north and west. The HISTORY: Commercial and Industrial Areas to the south and east were built between the 1980's and 2010's. FLOODPLAIN: The majority of the western portion of the lot is located in the 100- year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0284F, dated July 18, 2011. Any portion of the building to be constructed in the 100-year floodplain will have to be raised to one foot above the base flood elevation in order to be in compliance with the floodplain regulations. A local Flood Development Application with elevation certificates to verify the building is being built 1 foot above the base flood elevation will be required as well. PUBLIC /OPEN Kingsley Elementary School is located 2.11 miles to the northeast, SPACES/ SCHOOLS: Hoover Middle School is located 1.8 miles to the southeast, and East High School is located 2.5 miles to the northeast. The Katoski Greenbelt is located 2,000 feet west of the site. UTILITIES: WATER, There is an 8" sanitary sewer line, 12" water line, and 15" and 24" SANITARY SEWER, storm sewer along or underneath Titan Trail. There is an 8" STORM SEWER, ETC. sanitary sewer and 12" water main along or underneath Athens Drive. In addition there is an 8" sanitary sewer line and 12" water line along or underneath Cyclone Drive. RELATIONSHIP TO The Future Land Use Map designates the area as Business Park: COMPREHENSIVE Professional Offices, Commercial; Compatible Light Industrial. The LAND USE PLAN: proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct a new 39,600 SF Trucking ZONING Facility. The area in question is zoned "B-P" Planned Industrial ORDINANCE: District, and this zoning is intended and designed to provide a means for commercial and compatible light industrial. The zoning is intended to allow for a greater flexibility and diversification of land uses and building locations than the conventional single lot method. The Zoning Ordinance requires 1 space for every 250 SF of office floor area. The finished office area is 16,000 SF. This will require 64 parking spaces. In addition the applicant will also have to provide one parking space for every two persons employed at their facility for their maximum shift, which is anticipated to be 78 employees (39 spaces required). The site therefore meets the parking requirements by having 160 spaces, when only 103 parking spaces are required. The site plan notes drainage easements, setbacks, lot dimensions, parking, parking surfaces, neighboring subdivisions, office location, road access, sidewalks, and utility easements. SPA E of 3121 Greyhound Drive Page 2 of Page 30 of 251 November 18, 2019 .STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: No separate platting application will be required as part of this request. The Technical Review Committee had concerns regarding how the drainage would flow or be piped with an off -premise drainage/detention system. However, the site plan does show an 80' drainage easement and the proposed location for three 48" culverts that will be utilized to pipe the storm water through the development. In addition there were questions concerning whether or not the semis would be fully loaded when accessing the site and their preferred route for entering and exiting the site. A representative for Warren Transport noted that the vast majority of semis would have no load when accessing or leaving the site. For accessing the site, semis coming off of Highway 63 or Highway 20 shall utilize Greyhound Drive and Titan Trail. For semis leaving the site, Cyclone and Titan Trail will be utilized till semis reach Greyhound Drive before heading south to Highway 63 or Highway 20. Therefore, staff recommends that the request by Warren Transport Inc. for a Site Plan Amendment in "B-P" Business Park District located east of 3121 Greyhound Drive, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would appear to have a positive impact upon the surrounding area by infusing private investment near the former Greyhound Dog Track site. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. SPA E of 3121 Greyhound Drive Page 3 of Page 31 of 251 City of Waterloo City Council November 18, 2019 M-2,P Black Hawk A-1 Creek Black a eek M-1 A-1 ATHENS DR CYCLONE DR )� TITAN TRAIL C-2 B-P A=1` R�3 R-P wk Creek R-P QUAIL PL INE VIEW PL TIN RD \Greenbelt Lake R-2 MAY ST JANE ST R-2, C-Z R a3; C-Z } O a W. RIDGEWAY AVE R-4,C-Z R-1 W. SAN MARNAN DR R-4,R-P PARKH AVI DR U MEno MARTIN I � 2 m J R-3 A-1 CL2! 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oI11jPR'Vlhl'llill� Mi '11111111„I'' 111 1 1°"IVII uj111111;1„„ N WM 111a la 1'°"1 " p 11 1 „IIIIII' I � IIIIIIIIIII u1111.11 111 IuIIIIIIIIII� 1111111i111,111111111111111mdlllll ll000 I11111 011111111111 10 mmm 111,111111111111111111111111 dllim1111111111 , y 11111w1 l llf 11II1IVul IIII 1„1„011ll111111�ilil 111VIDlml11r',1III�I"OIIIIIIIiry1j 11111111 Illllul I ��IIIQhI' Iliidn�nh II'111��Q�'I`�p 1, IIII 1�IIIIIiii o1VV11 �QI g111 11111I00 1 I , •r 111 ��Q�Iluw 11°Illl�llIU IIIIIIIIIIII'll k v1 111111111111111111 polo uuum 1 1V� N 9' pulyumull r / IIIIIII 11Ru1111111p 0°!AIIIIIIIIIIIIIIW111110 11 oo" ,111''I 111 III „,' h„uuulVumquuu 1111,1„IIIIIM !IIIII �u' PJlll IIIIII Illluillllllllllilili1il BOA"'" �V�IIuIIkl�Nllll °Illliu„ 111 IIIIIII 1111111M Y1 N1Y'YI' �1 I East of 3121 Greyhound Drive Site Plan Amendment Warren Transport Page 34 of 251 a}op SuOISIA J 610Z—OE—O atop 11M Aq uMDap osl= 1 aID3S 6Z95-99Z-61£ — DMol `SIlo3 .lopa3 6DMIJod A6o1ou1aa1 1051 6uuaaul6u3 fA }u9wdoIanea 3J}ueo }IaquaaJo •auI `}aodsuoal uaaaoM OWNER - DEER CREEK DEVELOPMENT O z S00 IIIIIIIII��IIIIIIIII IIIIIIIIIIIIIIIIIIIII lllllllllhh� 1+ 07‘ I \ Page 35 of 251 J Inbound Outbound t7 4+ r0 6102/22/01 Page 36 of 251 EXHIBIT A PROPERTY DESCRIPTION Part of Lot 3 in Greenbelt Centre Plat No. 3; all of Lots 7, 8, 9, 10, 11, and 12 in Greenbelt Centre Plat No. 5; part of Lot 2, and all of Lots 3, 4, and 5 in Greenbelt Centre Plat No. 8; more particularly described as: Beginning at the Northeast corner of Lot 12, Greenbelt Centre Plat No. 5, being at the south right-of-way of Athens Drive and the west right-of-way of Titan Trail; thence S89°31' 10"W 1016.81 feet along the south line of Athens Drive; thence SO°I7'25"E 716.05 feet to the north right-of-way of Cyclone Drive; thence N89°42'35"E 799.89 feet along the north right-of-way of Cyclone Drive to the northwest right-of- way of Titan Trail; thence N35°13'19"E 337.15 feet along the northwest right-of-way of Titan Trail; thence northerly 74.78 feet following the northwest right-of-way of Than Trail along a 120.00 foot radius curve, concave northwesterly, said curve having a chord of 73.57 feet bearing N 17°22' I5" I.; thence NO°28'50"W 374.88 feet along the west right-of-way of Titan Trail to the point of beginning, containing 16.000 acres, and is subject to easements and restrictions of record. 88929897 -9- Page 37 of 251 I Iliiiiuliooi a'Y�IIIII„d1, u1 imulhd11lu 11m III19V11,,,1 %�� w M,,, III,,,111111� "I'V11��1111111611�1� p1I1' �,, jj�ll l u1 "111141111111111 111 11111111111 1gN'MN IIIII llNl uuuuum0111111Nuu11111,1111111111 111uuuu,,,ip1111111I1, mop 1l1,11h' oi,O1 VIIlil1Ni111I1," jY I luouuuuuum 1111i I1 pl''Vuuoo 1 ,11 1111Vu1,, 1I11111 11111 miiilliillV „111 IP°Iw uuuu w' �V'dI11111111IIIIIIIIiiiV N 1iVul''WIiINMM 1WIIuuII1lMVl 11111IN°'plNiuith dl 111 ilY'11I�I,1 II IIIIIIIIIIII 11111111111111111111111111111111111111111111IIIIINNI IIIIIIIII1111111111 111111111111111 IWV M 11 mm III'„11'1,r IIIIIIIIOIIIIIuullVuuul um u1dl, l ul MN'M u1111II�1Vuwuu° „ mmllllllll IIII ,IIIIIII 111 111111 'Nlilll1 uup 1 q,11,1 II IIIIIIIII II 1' uu� miilollllllulllluouuuuuuNI ° IIII III IIIIIIIiwiiiRM111M61111MNIIIIII111 °I'1111'°III uum NIIIIIIIIIIIIIIIIIIIIII I IIIIIIII pp I111,1I"l Ill' IN111111„i,1u„1, 111k11'Ili„,,,,°'iN'NIWIIHII d, i?iiill 11 M,M IN uIwIVV ,III Iq IIIId � IINFI i,l 11m11„1.11lllllllllllll M1611Ih 0111 Iiilllllilm III1N° IlMmum 11 uuuuVllN IIIII � Y IIIIIIIII 11� IIII p I ull,,,,,"' IIIIIII °Iiuu�, IIII VR,,,, 11 14 l II ddmuumml,l 1 0Niip,loil"IVuu111Wlllu1 ul III IIV 11 1 1 illl'll 111111111 III III Im'I',,, uI�IIIl1111uuIV1u11111V,V�W,IIII ��lu mId INNWIII, 19111111um11111 P4111�uuypu;l11111„IIIVIIIN 1 11111 VI uVI „^IIIIII pu um„' uu 111 lgllp,l,,llll,,,m i,,, I lu W IIIIIIIIIIIIIIIIII1IuuuuullullulllllVlllll iilil��l VN,, 11 u l uuVu Iuuulu'l l it uuu II II11Iloo IIIIIIl Nm l l u luuuul, unn Imp°mlll, 'III IIIIIIIIIIII uI�Illluliu�O��w,mwW,V° u„ 11 NN'�Yp�IiI �Nlp"1 'd1111111um°uu11111 i.11P,1111 111111111� lu H1,111ll111, II 0ou I1II ^^IIIIIIIIIIIIIIIIVV III1 NIN N, IIIII, ,II.iIuuuuuuuumIIIIIIIIIIIIII uuuuu unnunnu1 III llluIW 11loIll 1.1111pli11.1 viol W!"P111111I IIII IIINIilli IIIIVI II "III lINI uuuuuq 1111111111111111111111111141v, R;dNp,,,111 111 1111 1111 Wllllllll'�kIIlryliiiiiiNlii"m"miiiiiii"mRMI u Nuuuuuu UIN, IIII III ,Ill l uu,Vul�yiiu,Vyuuli 1111111111111111111111111111 INV�yyViW� IWuV11'lIW1lV1llImI.iV.uudmIuIIIu1ulI1 .io1um m WNIWIlPIIIIm1'IIIIII1I I IIMII W11 numII�III�I�II�I'I��I�1 1 u �kI1udI1l11u'�l,1,„1�� ° ��1p�'"'"I,1I,1W'1"I,1�u1 I,1dq 1I IV,IP�VIuI",1iIIiNuV1�,81Nu%uIu'uum ,uOu�uuml �umu" u; 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Looking north from Cyclone Drive. M^. efr, 1111Yolll �N.I"IwiVlu I''uV 1 III INI Ili ..aloe .,,I„I � mmmAe�Iu�Iu^IutlVllllIll�G^�,.��11,4pVlo�l� pIIIIO'1l11ylll1v,i'llil1illlli� Looking northeast from Titan Trail. %% IIIIIIIIIIIIIIIIIIIIIII1I00III ;0091101111111111111001,101"!MRI I A Pdwi 11111111110000000010 o@illolsulullo1111P1lli0111i100001;'ll °icog��maaaO//% ��II,,,110�177uIfIIIIIII�1011111�III�II��I�IIII�h1IIrf�I��IIIIFI��Ii�V'•fin 1I�I I'wrii,iu Om�ur� III�.,„yl�,loldoVpl011�19�yiii�iii�iiiiN'IiII�uV II Iliptll ry 1I ru��IIIIIIIIIIIImVI PoI�� .. Looking at 3121 Greyhound Drive from Athens Drive. Page 39 of 251 6111iIV . IIII„ NIIIIili111Moj�� y 11111111, �IIIIIIIIII I1 � GI llol��n"luiIIIIuul Looking east from 3121 Greyhound Drive across the property to Titan Trail. rrr/„ /rri unm A'w m o W wvml vluVllll II�IVW W 6, Looking northeast from Cyclone Drive. am/°'%:;,, omlmmm mlmlimlInmmlm mmlmmmlm� mll��lmllllll�l N IIIIIII ,ummp� lmmm p lnmilmiillm ,�� miiiiiiiuiitlVlllillliiiilllllllll ullllllllllllllll m V „ I�III,,�� N 11 I V li 000 uu M'u'dWl pp VVpp �V mVIIIVIIIfl��IIIII�m IIIIiiiluu^IIII,�IVIIIIIII II�III4V�II�I�I��I��VIII17111VIIpIVIIVIIII p,��lllVIIIIIW IIppIV M � uuuuuuuuuuuuuuuuuuuuuuVm�� JmVVIuiuuOmVUWo111oo0�liiliuiuiil„ il,;��u�� o��°�"hi��i� uu�VIIIIIIII�IIIIIIIl01111011�0 II��II��II�� III �IIIII I IIIIIIII� Looking northeast from Cyclone Drive toward Athens Drive. wvh�;;i rMi. Looking north from Cyclone Drive at existing drainage ditch that will be covered. Page 40 of 251 ',1111N11.) ',ICY 01 )NI 51,311H321V 5111111VH VMOI '00183.I.VM "ONI .1.HOdSNVal N3.82:1VM ,k10.3 A11110VA 30NVNA1NIVIAI NO1181 /301:1d0 MN 6.15Z-1, 59g9(78,41 NORTH ELEVATION ) 1111111 OOcn WEST ELEVATION z 0 7 949 49 9111119. ,ppou a .2 111619,16.1 9,614 C.. 96, COn 9(9614 99 4 90919. 4119.9 O.., 9696 DNI 5.13311HDUV IlYI VM01'001H31VM *ONI 12:10dSNVell N3H1JVM 1OJ A11110Vi 3ONVNaLNIVNonat /301±30 M3N 90'eld NV OVERALL FLOOR PLAN APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Warren Transport, Inc . Address: 210 Beck Ave . Phone: 319-233-6113 Fax: City: Waterloo State: IA Zip: 50704 b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Deer Creek Development, LLC Address: 315 5th St . Phone: 319-988-3011 Fax: City: Hudson State: IA Zip: 50643 2. PROPERTY INFORMATION: a. b. General location of site plan to be amended: Please see attached property information. Legal description of property or portion to be amended: Please see attached legal description. c. Dimensions ofproposed site plan amendment: Please see packet with site plan layout d. Area ofproposed site plan amendment: Please see packet with site plan layout. e. Current zoning: "B—P" Business Park District f. Reason(s) for site plan amendment and proposed use(s) of property:The reason for the site amendment is for development. g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent infonnation (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundahle. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. er';::644e2 Signature oApplicant Date Signature of Owner e Page 43 of 251 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 11/4/2019 Prepared: REVIEWERS: Department Reviewer Action Date t.' perk Office i p nrD;hy> Nan - Approved owed 10/30/2,019 ... 11 : 9 ACM ATTACHMENTS: Description ❑ i:: d for eoua:: nvap 11 4.19 SUBJECT: Bonds. Type Backup Iviate iiai Page 44 of 251 BONDS FOR COUNCIL APPROVAL November 4, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5112742 DIRTWORKS CONSTRUCTION LLC CEDAR FALLS, IA Page 45 of 251 CITY OF WATERLOO Council Communication Request by the City of Waterloo to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District and rescinding Ordinance No. 5046. City Council Meeting: 11/4/2019 Prepared: 10/11/2019 REVIEWERS: Department ➢'➢Ro➢nn➢a➢➢; & Z,dDiin t. rk Office, ATTACHMENTS: Description • Staff ii.epoirt • t)vervuew'Map • Aerial. Map:) • Legal ➢.)a: ,crij: t.i:Dr➢ • P ict➢.ure" • A.p1Dpi4 n untt➢ SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer A nnde song, TES( i^;vent« p:.eAtm Action Approved A ppru ved. Type Cover .Memo C o.ver 1\/ erno C.' o y r Miemo �...o e 1\i e➢ o t:.'nDver Memo C."nDve Memo Date 110/30/2,0 i9 ... i p :2.9 A.M 0/.30/2,0 i9 ... 4p 35 . l\4 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, to rezone 7.4 acres west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District and rescinding Ordinance No. 5046. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by the City of Waterloo to rescind Ordinance 5046 and rezone 7.4 acres West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District. Page 46 of 251 The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on July 2, 2019. Expenditure Required: None Source of Funds: N/A Policy Issue: 1.3 Ensure that development ready sites exist and realistic, meaningful incentives are defined to attract new business, and support existing business expansions. The applicant is requesting to rezone the property west of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District to allow for future development at the site. There currently is no proposed project for the site. This area was previously the Edison Elementary School Site. The site is located along the west side of Magnolia Parkway, directly north of Falls Avenue, and along the east side of Evergreen Avenue. Magnolia Parkway and Evergreen Parkway are designated as local streets. Falls Avenue is classified as a collector. There currently is sidewalk on the west side of Evergreen Avenue, the west side of Magnolia Parkway, and on the south side of Falls Avenue. It would appear that the rezone request would not have a negative impact upon vehicular and pedestrian traffic in the area. Sidewalks will be required along street frontages that are missing sidewalk when the area is being developed. Rezoning of the land would not have a negative impact upon the surrounding area. The property is located in Zone X (Protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, 19013C0188F, dated July 18, 2011. The applicant is requesting to rezone the former Edison Elementary School site that was demolished in 2017. Currently the site is Zoned "R-2, One and Two Family Residence District with the rescinding of Ordinance 5046 as part of this rezone request. In addition, there were issues with the legal description used to rezone the site, so the entire site is being rezoned to correct the previous legal description, and to allow for future commercial development along Falls Avenue. The proposed "C-P" area is surrounded on three sides by properties that are currently zoned "C-1" Neighborhood Commercial District and "C-1, C-Z" Conditional Zoning Neighborhood Commercial District. The rest of the surrounding area is zoned "R-2" One and Two Family Residence District The "C-P" Planned Commercial District designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in the site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be Page 47 of 251 Background Information: required to be reviewed by the Planning Programing and Zoning Commission for a recommendation and subsequently the City Council. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of commercial development to what is compatible with the existing neighborhood, and proper screening. Therefore, staff recommends that the request to rezone approximately 7.4 acres West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its various requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The rezone area requested will be a Planned District, to allow for the orderly development of land and ensure to the citizenry and City of Waterloo that development will occur as planned and approved. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to: a) Design of Commercial Buildings will be compatible with the surrounding area, and b) That any new commercial development will have a positive impact on the surrounding neighborhood. 2. That development is limited to neighborhood friendly commercial businesses Legal Description for Rezone R-2 to C-P Area Beginning at the intersection of the centerline of Falls Avenue and the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Page 48 of 251 Legal Descriptions: Evergreen Avenue to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Southeasterly along the centerline of said alley to the centerline of Magnolia Parkway; thence Southwesterly along the centerline of Magnolia Parkway to the centerline of Falls Avenue; thence Northwesterly along the centerline of Falls Avenue to the centerline of Evergreen Avenue and the Point of Beginning. R-2 to R-1,R-P Area Beginning at the intersection of the centerline of Bismark Avenue and the centerline of Magnolia Parkway; thence Southerly and Southwesterly along the centerline of Magnolia Parkway to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Northwesterly along the centerline of said alley to the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Evergreen Avenue to the centerline of Harwood Avenue; thence Northwesterly along the centerline of Harwood Avenue to the centerline of an alley as platted in Galloway First Addition abutting Lots 161 thru 181; thence Northerly along the centerline of said alley to the centerline of Bismark Avenue; thence Easterly along the centerline of Bismark Avenue to the centerline of Magnolia Parkway and the Point of Beginning. Page 49 of 251 November 4, 2019 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: Request by the City of Waterloo to rezone 7.4 acres West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District. City of Waterloo, 715 Mulberry Street, Waterloo IA 50703 The applicant is requesting to rezone the property West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District to allow for future development at the site. There currently is no proposed project for the site. This area was previously the Edison Elementary School Site. Staff believes this will help redevelop the site in area that is already adjacent to several existing residential and commercial properties. The site is located along the west side of Magnolia Parkway, directly north of Falls Avenue, and along the east side of Evergreen Avenue. Magnolia Parkway and Evergreen Parkway are designated as local streets. Falls Avenue is classified as a collector. There currently is sidewalk on the west side of Evergreen Avenue, the west side of Magnolia Parkway, and on the south side of Falls Avenue. It would appear that the rezone request would not have a negative impact upon vehicular and pedestrian traffic in the area. Sidewalks will be required along street frontages that are missing sidewalk when the area is being developed. There are no trails within the nearby vicinity. A trail is planned along University Avenue, 3 blocks to the south as part of that reconstruction project. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District. The site was formerly zoned "R-1, R-P" Planned Residence District and has been zoned as such since it was rezoned from "R-2" One and Two Family Residence District on May 9, 2011, but Ordinance 5046 is now being rescinded as part of this rezone request. Thus changing the zoning back to "R-2" One and Two Family Residence District. Neighboring land uses and zoning: North — Residential Development, "R-2, One and Two Family Residence District South — Commercial Development, zoned "C-1" Neighborhood Commercial District and "C-1, C-Z" Conditional Zoning Neighborhood Commercial District. East — Commercial Development, zoned "C-1" Neighborhood Commercial District and residential development zoned "R-2" One and Two Family Residence District. W of 420 Harwood Rezone from `R-2" to'R-1, RP" and C-P" Pg0tP56f6f 251 November 4, 2019 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAI N: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: West — Commercial Development, zoned "C-1" Neighborhood Commercial District and residential development zoned "R-2" One and Two Family Residence District. Commercial buildings along Falls Avenue were built between 1946 and 1977. Commercial builds along Evergreen Avenue and Magnolia Parkway were built between 1929 and 1962. Nearby residential buildings were constructed between the 1910s and 1960s. The rezoning of land may require additional screening to the north of the "C-P" portion of the site. Rezoning of the land would not have a negative impact upon the surrounding area. The property is located in Zone X (Protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, 19013C0188F, dated July 18, 2011. Edison Elementary was demolished in 2017 and 2.1 acres of the school site will be set aside as a park. Fred Becker Elementary is located 1 mile to the southwest and Central Middle School is located 1 '/2 mile to the southwest. There is 4" drain tile underneath Falls Avenue; a 8" water main along the north side of Falls Avenue; a 6" water main along the west side of Magnolia Parkway; an 8" sewer main and 21" storm sewer underneath Magnolia Parkway; 4" drain tile and 6" water main underneath Evergreen Avenue; a 6" water main along the south side of Harwood Avenue; and an 8" sewer main in between Evergreen Avenue and Magnolia Parkway that is approximately 150' north of the south property line. The Future Land Use Map designates this area as Parks, Open Spaces, Hospitals, Government Facilities, Public Areas, and Airport. The rezone area is located within a Primary Growth Area. The applicant is requesting to rezone the former Edison Elementary School site that was demolished in 2017. Currently the site is Zoned "R-2, One and Two Family Residence District with the rescinding of Ordinance 5046 as part of this rezone request. In addition, there were issues with the legal description used to rezone the site, so the entire site is being rezoned to correct the previous legal description, and to allow for future commercial development along Falls Avenue. The proposed "C-P" area is surrounded on three sides by properties that are currently zoned "C-1" Neighborhood Commercial District and "C-1, C-Z" Conditional Zoning Neighborhood Commercial District. The rest of the surrounding area is zoned "R-2" One and Two Family Residence District. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill W of 420 Harwood Rezone from `R-2" to'R-1, RP" and C-P" Pg'ge5f 6f 251 November 4, 2019 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth practice, and the installation and extension of utilizes to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning to "C-P" Planned Commercial District will ensure that compatible and sustainable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to C-P" Planned Commercial District is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from a school site to "C-P" Planned Commercial District is done in a way that it is beneficial to neighboring homes. It is staff's goal that any redevelopment of these areas represents the best possible infill commercial sites for economic development activities. These sites need to uplift the neighborhoods, make surrounding neighbors encouraged with their redevelopment, secure that it is helping property values in the area, and create new economic development opportunities for the city, especially for the "C-P" rezone area that is surrounded by commercial uses on three sides. The "C-P" Planned Commercial District designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in the site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning Programing and Zoning Commission for a recommendation and subsequently the City Council. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of commercial development to what is compatible with the existing neighborhood, and proper screening. The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on July 2, 2019. The applicant is planning to subdivide the property after the rezone has taken place. The Technical Review Committee discussed where the 2.1 acre proposed park site will be located on the former Edison Elementary School site. It was noted that 2.1 acres is still being set aside as a W of 420 Harwood Rezone from `R-2" to'R-1, RP" and C-P" Pg'ge52f6f 251 November 4, 2019 park, but the location will not be determined until a site plan is submitted for the site. STAFF Therefore, staff recommends that the request to rezone RECOMMENDATION: approximately 7.4 acres West of 420 Harwood Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District and "C-P" Planned Commercial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its various requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The rezone area requested will be a Planned District, to allow for the orderly development of land and ensure to the citizenry and City of Waterloo that development will occur as planned and approved. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to: a) Design of Commercial Buildings will be compatible with the surrounding area, and b) That any new commercial development will have a positive impact on the surrounding neighborhood. 2. That development is limited to neighborhood friendly commercial businesses. W of 420 Harwood Rezone from `R-2" to'R-1, RP" and C-P" Pg'ge53f6f 251 City of Waterloo City Council November 4, 2019 Ice I,3 w&_ } N H 0 R-2 0 0 m SHADY LN w 0 0 w o cc Q a DR 00 MAXIN I N z m BISMARK AVE z w I— L m m 0 m MIRADA DR cc TRACEY ~U DR * R-3 tiO , z < j Q II DOWNING AVE 0 �... � R-3, C-Z GARDEN AVE w R=3 1 C-1,Cr C-2 C-2,C-Z MAYNARD AVE BAUCH ST Iz STRATFORD AVE cn J —J w X 0 AVE 03 1 m HARTMAN w J z cc 0 M-1 YNARD AVE UPTON C-2, CZ ANSBOkOUGH Iw F O� U BIARK AVE E R-3 0 JANNEY R-3 ATH ON w SLAND A-1 M-2 JA N N 0 Q y -9 �PNlA4- 0\'P -4 -sow`' V `+. Gsk- A-1 w 3, w 0 uJ w ST UNIVERSITY AVE W. WELLI West of 42o Harwood Rezone from "R-2" to "R-1, R-P" and "C-P" City of Waterloo Page 54 of 251 City of Waterloo City Council November 4, 2019 ' 1'IMIIN 11 Po 11 I11111 111.1llVl;i d i' / 21 BISMARKAVE) r 9 � wxvw 1m� ' 4,1,111111111110101011111111010101011111111111 IIIIII"IIII^^ III"Jliiiiiiilliiillllllhh� ' III �uoli�uullilp1 ��'IIIIIVIvm wNlilwuphhhhmh111100000000010hllu p��ry^iIII pµ II,IIiIIIIIN 0,0 1 i'I'Ijillllll' lil" 'ICI II11 1 I111. pA"ia1u';ww1/1',11,;wvi'b,„c,11"doulM111111,,,,,,d 11111 m w� IIIII pi�� II0" 'I'�Il�illilu�u IQil�l ui�� iilll 00010 v,111111110.. u� „IIIII1 111,11llllllllll �fol' li�lwulllll"'� 41d1'J''I,; VI^pum mqn 1HRH111111P1w1 wyll111V0 1I 1 Il,, qV M1l11111111111111111111111, IN°„''I ,111111 iu IIU� 111,11111111 IV hluuulmmw rI "y hlll'i 61''uulldU R d"IIlllllllllllllllllllllll�il�'>� IHiAilllll II ,^' ullilp°uuwuum 0IN^^^^ li��oilnlllllllwlw 42o Hardwood Avenue Rezone "R-2" to "R-1, RP"and "C-P" City of Waterloo Page 55 of 251 Legal Description for Rezone R-2 to C-P Area Beginning at the intersection of the centerline of Falls Avenue and the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Evergreen Avenue to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Southeasterly along the centerline of said alley to the centerline of Magnolia Parkway; thence Southwesterly along the centerline of Magnolia Parkway to the centerline of Falls Avenue; thence Northwesterly along the centerline of Falls Avenue to the centerline of Evergreen Avenue and the Point of Beginning. R-2 to R-1,R-P Area Beginning at the intersection of the centerline of Bismark Avenue and the centerline of Magnolia Parkway; thence Southerly and Southwesterly along the centerline of Magnolia Parkway to the centerline of an alley as platted in Galloway Addition abutting Lots 342 thru 348 and Lots 409 thru 415; thence Northwesterly along the centerline of said alley to the centerline of Evergreen Avenue; thence Northeasterly along the centerline of Evergreen Avenue to the centerline of Harwood Avenue; thence Northwesterly along the centerline of Harwood Avenue to the centerline of an alley as platted in Galloway First Addition abutting Lots 161 thru 181; thence Northerly along the centerline of said alley to the centerline of Bismark Avenue; thence Easterly along the centerline of Bismark Avenue to the centerline of Magnolia Parkway and the Point of Beginning Page 56 of 251 Rezone — West of 420 Harwood uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uu__ u11 uuuuuuuuuulul uuuuuuuuuuuuuuuuuuul uu IIIIIIIIIIIIII I II II IIIIIIII III IIIIIII IIIIIII1111111111111111111IIII ��ul II uuuul uu it IIIIIuu11111 ul ��U uli drill I� IIIIIIIIIII IIIII. u111uV IIIIIII11111d1 III IIII I .... �� ..... 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Iln,�muluu� IIIIIIII 1111�11 A� I i� Im IIII . „. ! , m iVIII °lv'II,ill„jf' ‘\\I I,V "� �,.., �.��o r Looking east from Evergreen Avenue. �Nlllly�i��lyily�ii''lii11iilii1iiiIiulbl' IIIIIIIIII hW'lilll��IICII.� � IIII ; Ilillq I �qu111h Illil 11111 III II II IIIIIIIII I I I�II I 'ul°IIII', I �,u III!,il�ii lNNI 1 �� 111 �II 11VII�,11111 11111111111�IVII�IIIVV pll IIIII, 1 1I 11111111I I1 II II11 II 11111 .''��,„ 1lmlml VVWI!I I I ululI li i l� m mmm IIVIIIIII""IIIIIIIulllmu°uu°m Looking southwest from the alley. 'Il 1111111111111111111111111 Page 57 of 251 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.2.91.4366 I. APPLICATION INFORMATION: a. Applicant's name (please print): C171 Or WI:TML-C)0 Address:Not_Aco_ Phone: 3)9-Dcli - Li 3 (, Fax: City: WI) 1_,y_c_oc.) State: I Zip: .,c(-) -7 b. Status of applicant: (a) Owner (b) Other (CI IECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: City: State: Zip: 2, PROPERTY INFORMATION: Fax: a. General location of property to be rezoned: 010 ( 5(L‘J oo L 5 b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zokn,g Boundary (Excluding Right of Way): e. Current zoning: k- p Requested zoning: -L f. Reason(s) for rezoning arid proposed use(s) of property: g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request), The filing fee of $300 ± $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request. go hack through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council king their decision. 'Me undersigned authorize City "On.' -Officials to enter the property in questiot o the request. Signature of Applicant ( 9 Date Signature of Owner Date Page 58 of 251 CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site. City Council Meeting: 11/4/2019 Prepared: 10/11/2019 REVIEWERS: Department Planning. &..1orurn Clerk: Office ATTACHMENTS: Description a Staff 1Report. • C)v ervie NV Map • Aerial 1Viap • 1' 1a,tra:iures • A.pp lLh. SUBJECT: Submitted by: rtl Recommended Action: Summary Statement: Reviewer .d dersoro, 1 oe1 1^;ve. LeA_n:n Action Approved Approved Type Cover Menbo (Cover Memo Cover Merrno M (.over Marto Date 10/30/2019... 1 1:2, AA.L 10/30/2019 ... 4:35 P M Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval. Transmitted is a request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site. The Planning and Zoning Commission recommended unanimous approval of the request at their regular meeting on March 5, 2019. Page 59 of 251 Expenditure Required: None Source of Funds: N/A Policy Issue: Background Information: Strategy 1.3 Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as city right-of-way. The proposed vacate would not appear to have a negative impact on drainage. The city is requesting to vacate an approximately 1,113 square feet alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School Site. The remaining portion of the alley was vacated by Ordinance No. 1766 adopted on July 26, 1948. The city is currently working with the school district for a property trade that would see the city take control of the fonner Edison School site for redevelopment possibilities. It is the opinion of staff that the stub portion of alley will not be needed for right of way can be included as part of the redevelopment project. A sanitary sewer line does run through the area being vacated therefore an easement will need to be maintained over the vacated right-of-way. Therefore, staff recommends the request to vacate approximately 1,113 square feet of alley be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. With the following conditions: 1. That an easement be maintained over, under, and upon the proposed vacate. Legal Description for Alley Vacate That part of an alley as platted in Galloway Addition described as: Beginning at the Southwesterly corner of Lot 342; thence Southeasterly along the Page 60 of 251 Legal Descriptions: Northeasterly line of said alley to the Southwesterly corner of Lot 343; thence Southwesterly 8 feet along the Southwesterly extension of the Northwesterly line of Lot 343 to the centerline of said alley; thence Southeasterly 40 feet along the centerline of said alley to the Northeasterly extension of the Southeasterly line of Lot 414; thence Southwesterly 8 feet along said Northeasterly extension of the Southeasterly line of Lot 414 to the Northeasterly corner of Lot 414; thence Northwesterly along the Southwesterly line of said alley to the Northwesterly corner of Lot 415; thence Northeasterly to the Southwesterly comer of Lot 342 and the Point of Beginning, subject to the retention of an easement for utilities over, under and upon the above described area. Page 61 of 251 November 4, 2019 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by the City of Waterloo to vacate approximately 1,113 square feet of alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School site. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to vacate 1,113 square feet of alley. The request to vacate will not have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as city right-of-way. There are sidewalks along the west side of Evergreen, the west side of Magnolia Parkway, the south side of Bismark Avenue, and the south side of Falls Avenue. When the area is, redeveloped sidewalks will be required along all street frontages in the development. The nearest trails, currently under construction, will be the University Avenue Trail located 0.285 miles to the south. The next closest would be the Trolley Car Trail located 0.563 miles to the northwest. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District. The site was formerly zoned "R-1, R-P" Planned Residence District and has been zoned as such since it was rezoned from "R-2" One and Two Family Residence District on May 9, 2011, but Ordinance 5046 is now being rescinded as part of a separate rezone request. Thus changing the zoning back to "R-2" One and Two Family Residence District. Neighboring land uses and zoning: North — Former Edison School Site zoned "R-1, R-P" Planned Residence District. South — Former Edison School Site, residences and commercial zoned "R-1, R-P" Planned Residential District "R- 2" One and Two Family Residence District and "C-1" Commercial District. East — Former Edison School Site zoned "R-1, R-P" Planned Residence District. West — Residences and Commercial zoned "R-2" One and Vacate- Alley Page 1 of 3 Page 62 of 251 November 4, 2019 BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — Two Family Residence District and "C-1" Commercial Distrcit The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Residences built between 1929 and 1960, commercial built between 1929 and 1967. This area is protected by levee as indicated by the Flood Insurance Rate Map No. 1900025 0188F Fred Becker Elementary School is located 0.86 miles to the southwest, Central Middle School is located 1.41 miles to the southwest, and East High School and West High Schools are each 2.30 miles to the east and southeast respectively. Galloway Park is located 0.33 miles to the northwest. An 8" Sanitary Sewer travels along the length of the proposed vacate. A utility easement will need to be retained over the vacated area. The Future Land Use Map designates the area as Parks, Open Spaces, Schools, Hospitals, Government Facilities, Public Areas, Airport, and it is designated that because it is a former school site, and it may need to be amended in the future. The city is requesting to vacate an approximately 1,113 square feet alley located east of Evergreen Avenue between Harwood Avenue and Falls Avenue at the former Edison School Site. The remaining portion of the alley was vacated by Ordinance No. 1766 adopted on July 26, 1948. The city is currently working with the school district for a property trade that would see the city take control of the former Edison School site for redevelopment possibilities. It is the opinion of staff that the stub portion of alley will not be needed for right of way can be included as part of the redevelopment project. A sanitary sewer line does run through the area being vacated therefore an easement will need to be maintained over the vacated right-of-way. The Planning and Zoning Commission recommended unanimous approval of the request at their regular meeting on March 5, 2019. There will be a separate request to plat the land. Vacate- Alley Page 2 of 3 Page 63 of 251 November 4, 2019 SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate approximately 1,113 square feet of alley be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. With the following conditions: 1. That an easement be maintained over, under, and upon the proposed vacate. Vacate- Alley Page 3 of 3 Page 64 of 251 City of Waterloo Planning, Programming and Zoning Commission November 4, 2019 Ice I,3 w� a DR m N H 0 R-2 0 0 m SHADY LN w 0 0 w o cc Q MAXIN I N z m BISMARK AVE L m m 0 m MIRADA DR TRACEY ~U DR * R-3 HI MAYNARD AVE BAUCH ST STRATFORD AVE cn J -J w X HARTMAN w J z cc 0 -9ti � O , z <j all DOWNING AVE 0 �... � R-3, C-Z GARDEN AVE w R=3 1 C-1,Cr C-2 C-2,C-Z % - j Q Z >- o 0 AVE 03 1 m M-1 YNARD AVE UPTON C-2, CZ ANSBOkOUGH Iw E") O� U BIARK AVE E R-3 0 R-3 ATH ON w SLAND A-1 M-2 JA N N 0 Q �� PNlA4- -4 -sow`' A-1 w CC w _ 0 uJ w ST UNIVERSITY AVE 000000, W. WELLI East of Evergreen Avenue Alley Vacate City of Waterloo Page 65 of 251 City of Waterloo City Council November 4, 2019 01i uuii iiil 1111 II "'",,„1111111111 IIIII 14��llliIIIIIIll1w111111"' 11111111111111 IIPl1II�IYII,u 11lu11,1,,1pumuul0 II i 11 1111111 1111111111111010 Igliiil,Il III111111IIII 111 Hp iii111llu111111111111011111;III11111i11111uu11l1llluu1 IIIII"111111111111i1111110 °" 1111 II111111II1Iiiiuuiilli;l�J°iiw""' �ii„auy, II II"i'I lluhll'r", Ylllh'Ilulijlllliiu'uiiii11puuIIIIIIIIII/1U pVI IIIuI� m �JIII �� iuuil11 l III111111III III uu l lllu°I1 V11lol"' Illl lllil;'Ii1111i II IuI �I I111111IIIIIII IIII11111111111111111111111111 IIIIIII'„�''11IIiilll IIiiIIIII1111111111 II " llilllY1uo11111111111 III' 11111111 IIIII II"61 II11li1111HH 10o kMMMti'''u1111111 rl1 ,111 �Id,lVIIlGIllIIlll'dI ,',1'��uMu IIISI�I1i�1'�i' 'II,,I,IilIIIIIIlIIMI°IIm'1Ij1°°°1 '.111.1111.111�.11ug1u 1,1111111111111111111lIli111iiiiiiil ,,,,,uuuuqiIlllllllllllIllllMu �IIII�II' II�I1II 11111111111111111111111111111111111 II IIuM IllllllMlIll1llIlVMN�Il �11ullllllllllNllIDIlq!'iil�lliIII IIIIIIIIIIIIIMIIPMIIIpIMMMIM11111111111 'MMluuI 1 I �1II1III�''1vI i1�jpIli 111111010111111111111111111 IIIIIIIIIII1H1111111111I I 11111u dd111111iiiRi'1Ilu'llll East of Evergreen Alley Vacate City of Waterloo Alley Vacate East of Evergreen Road between Falls Avenue and Harwood Avenue Illllllllllllluuuuuuuuuuuuuuuuuuuuuuu 11 11 u uuu1 IIIII I III IIIIIIIII II I I� IIIIIIIIIIIII II II III III II IIIIIII I II IIIIIIIIIIII I I IIIIIIII II IIII I II III I I IIIII I II II II (IIIII II II IIII II III 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 (IIIII IIII (IIIIIII ul �� (III11111111111111111111111100II ��II��II��II II (IIIII �� d II 1 IIIIII I IIIIIII II III IIII(III 1 III I �� IIIIIII . ,.....IIIIIIIIIIII IIII III 116iiii(IIIII IIIII IIIII„1111 I IIIII IIIIIII I, IIm.I,, IIII IIII I u ��IIII � IIIII, I, u,V L �J dI I �� IIII I li II � � I II !!, III .. ��I��IIIulllll �� I Iul �� II � II Iu ! . d uI u �� u IIIIII I III l u I 1 IIII II I „ II. II I I I III I I II w Ilo u I (IIIIIII I II ... aIIII a VR I u f Ilh I, II I u �� II I fIIIII11111111111111111111111111111111111111111111111, I� �I III II III IIIII II III III III � I� IIII II II II f�I I II II II I� uu lu I � I m1111111111111111111111111111111111111111 III III IIII m I III olll III I m III III N! �� III��II.IIII uII III . III (IIIII I III I I I LI III111 �� II II11 III II I P uwll 111 IIIIIIIII. Illluoil. III I,wwou 011u ,ul l,u iuiu IIIIIIIII�1�� ^',iiIIVVVIIIIVIVNIV�uI4mIIHI�IPV�PI°�IIIIY'vi�pl!i L.ipdv,p,�vIIVIv�Ui1�,1N1!��II,�I��V!IhI h��Q� yI�I11111ulJmuVV1111," ww II IIIII I (�Illp �" pull , � !�luuuullllllum i��ll�lmh„, uuuuu aiiiiis q4 hq,lli1tlVl ul 1 " YHI1M ,;uu! I " 'MuW!!V11 °1,r,rr" II IIIIIIIIIu u1I�NII21IPIIV;W1 W II IlIllltl IIuopoi, �IIVluu1111 1111,l uu , U I m .,,. it 11I ;I1111am YI)IYIIl,ll1 Looking east from Evergreen Avenue. N" lylyi y1i' 1i11 11111i111i lii1.ii1 111 i u1 bl'I lIIIIIIm 91111111 IIII IIII I 1, "I'I (I m IIIII �gUIIh IIIIIIII IIIIIIIIIIIIII, III III'�I!ilu1lIIl1lf II ll1111 I a111d ��p0� IUIIIiiilll III IIIII lm1� 1 �� I1 11VII�,1111 I1111111111�IVII�IIIVV pll 11111 1 III Illlllp 1 III II 11 1111 lool yw 111mIMI ..um1111111m111m11111 1 M� ��Wlolll�� ulwiP lii Ids , m mmm �p7lli'�oliill „„ �I�ulll�u 1pllil µ; to A1111111111111111111111111111111111P'I°;, IiiipI Looking southwest from the alley to be vacated. Page 67 of 251 Legal Description for Alley Vacate That part of an alley as platted in Galloway Addition described as: Beginning at the Southwesterly corner of Lot 342; thence Southeasterly along the Northeasterly line of said alley to the Southwesterly corner of Lot 343; thence Southwesterly 8 feet along the Southwesterly extension of the Northwesterly line of Lot 343 to the centerline of said alley; thence Southeasterly 40 feet along the centerline of said alley to the Northeasterly extension of the Southeasterly line of Lot 414; thence Southwesterly 8 feet along said Northeasterly extension of the Southeasterly line of Lot 414 to the Northeasterly corner of Lot 414; thence Northwesterly along the Southwesterly line of said alley to the Northwesterly corner of Lot 415; thence Northeasterly to the Southwesterly corner of Lot 342 and the Point of Beginning, subject to the retention of an easement for utilities over, under and upon the above described area. Page 68 of 251 \� v %/; !�. « Applicant: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 CI Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement C:1 Sale of City -Owned Property CI-1`1 Oe kart • .# ddress: 7) 5- rr)(1 '1 S-7 Phone No.: 31719 91"1 3 & General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 01-1, 0-1 —7 gv,/be r N QA) Poenwiz 60 1 5 ()NJ 5 CL- 5 Tor 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 ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not 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: 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 must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: udoi4 (ifor.i 0909- 'Tr Other:5. Please Please provide a site,pfan a additio 18-n s 1e reas rial photo of the area to be vacated if the request involves request. 2'1 6), 9 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 70 of 251 CITY OF WATERLOO Council Communication Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate a ten (10) foot sidewalk easement, approximately 300 square feet, along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive. City Council Meeting: 11/4/2019 Prepared: 10/27/2019 REVIEWERS: D epartment ➢ l nrn ng; & Z,drnin, ➢)iannnang & Zonnnrg P➢annna. &.. Zara P➢annnnann R Zoning l Zoning k. Office ATTACHMENTS: Description • Staff Report • Overview Map • Aerial. Map • .Pi Lures • Legal Des iption • Land Survey • Application SUBJECT: Submitted by: Recommended Action: Reviewer S eiIh Even, 1.,eAnnnn. ➢ ➢y➢aeng� n, ➢➢ et Anderson, ndersonn, l;'verL 1,ei nnn� Action Rejected r n:nnn:wed ted A proved A ppved approved Type Cover Mono (./over lVieirno Coven- Memo Cover Memo Cover Mc.1110 r r" f\4e11i.o M eiii.o Date 10/13/2019 ... 2:47 P 1V.1 10/15/2019 ... 3:04 .11.V4 10/15/2,019 ...4:33 n M 10/28/2,019 ... 9:37 .AM 10/30/2019 ... ➢ 1:2,8 .AM 10/30/2019 4 34➢ PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to to vacate a ten (10) foot sidewalk easement, approximately 300 square feet, along the east side of Idaho Street between Willow Street and Martin Luther King Jr. Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Page 71 of 251 Summary Statement: Transmitted is a request by DGOGWaterlooia10032018, LLC, (Dollar General) to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street between Willow Street and MLK JR Drive. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on September 10, 2019. Expenditure Required: None Source of Funds: N/A Policy Issue: Background Information: Strategy 1.3 Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. The request to vacate a 10' sidewalk easement along Idaho Street would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The area already has an existing sidewalk along Idaho Street that extends southward to the Martin Luther King Jr. Trailhead and Trail. The 10' sidewalk easement is no longer needed for sidewalk or pedestrian purposes due to the fact there is already an existing sidewalk along Idaho Street to the west of the vacate area. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on September 10, 2019. Therefore, staff recommends the request to vacate a 10' sidewalk easement (approximately 300 SF) be approved for the following reasons: 1. The request to vacate the 10' sidewalk easement would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The 10' sidewalk easement is not needed for sidewalk or pedestrian purposes because a sidewalk along Idaho Street already exists. EASEMENT TO BE VACATED: ALL THAT PART OF THE SIDEWALK EASEMENT AS DESCRIBED IN BOOK 6 EASE AT PAGE 182 IN THE BLACK HAWK COUNTY, RECORDER'S OFFICE, BLACK HAWK, COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PARCEL H PROPERTY: A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5 TH P.M., AND A PART OF THE EXISTING IDAHO STREET Page 72 of 251 Legal Descriptions: IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 105.63-FOOT LONG CHORD BEARING SOUTH 46°28'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A211.04-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72-FOOT LONG CHORD BEARING SOUTH 12°01'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 73 of 251 November 4, 2019 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: Request by the DGOGWaterlooia10032018LLC to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street between Willow Street and MLK JR Drive. DGOGWaterlooia10032018LLC, 1598 Imperial Center, Suite 2001, West Plains, MO 65775 The applicant is requesting to vacate a 10' sidewalk easement along the east side of Idaho Street between Willow Street and MLK JR Drive. The request to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street would not appear to have a negative impact on the neighborhood. The request to vacate a 10' sidewalk easement (approximately 300 SF) along the east side of Idaho Street would not appear to have a negative impact on vehicular traffic in the area as the 10' sidewalk easement is not needed for sidewalk pedestrian purposes. The Martin Luther King Jr. Trailhead and Trail is located just south of the vacate area in question. There is an existing sidewalk immediately west of the proposed 10' sidewalk easement vacate area along Idaho Street. This sidewalk will remain at its present location, but the 10' sidewalk easement is being vacated because it is no longer required. The site has been zoned "C-P" Planned Commercial District since the adoption of Ordinance 4950 on July 27, 2009. North — Residential zoned "C-1" Neighborhood Commercial and "R-2" One and Two Family Residence District. South —Agriculture and the Union Pacific Railroad zoned "R- 3,RP" Planned Multiple Family District. East — Agriculture and Residential zoned "R-2" One and Two Family Residence District. West — Agriculture and Residential zoned "R-2" One and Two Family Residence District and "R-3,RP" Planned Multiple Family District. The request would not require any buffering by ordinance standards. The proposed vacate area would not appear to have a negative impact on drainage. Residential buildings built between 1942 and 2014 and a subdivision built to the north in 1961. 10' Sidewalk Easement Vacate- Idaho Street Page 1 of 3 Page 74 of 251 November 4, 2019 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 RECOMMENDATION: The 10' sidewalk easement vacate area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0193F. The Martin Luther King Jr. Trailhead is located to the south. Expo Alternative School is located 0.51 miles to the south. There is a 15" sewer line and (5) 48" X 50' drainage culverts just east of the vacate area. There is also an 8" water main along the west side of Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. The Future Land Use Map designates the area as Mixed Commercial: Medium to High Density Residential, Professional Office and Compatible Commercial, and this request would be in compliance with such designation. The request to vacate a 10' sidewalk easement along Idaho Street would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The area already has an existing sidewalk along Idaho Street that extends southward to the Martin Luther King Jr. Trailhead and Trail. The 10' sidewalk easement is no longer needed for sidewalk or pedestrian purposes due to the fact there is already an existing sidewalk along Idaho Street to the west of the vacate area. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on September 10, 2019. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate a 10' sidewalk easement (approximately 300 SF) be approved for the following reasons: 1. The request to vacate the 10' sidewalk easement would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The 10' sidewalk easement is not needed for sidewalk or pedestrian purposes. 10' Sidewalk Easement Vacate- Idaho Street Page 2 of 3 Page 75 of 251 November 4, 2019 10' Sidewalk Easement Vacate- Idaho Street Page 3 of 3 Page 76 of 251 City of Waterloo City Council November 4, 2019 IIIIIII,MIII,211111111111111111111111111111111111111111111111,1111111111 IIIIIIIIN�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII011111111111111111111�IIIIIIIIII I I 1 WEBSTER ST. ADAMS COTTAGE ST SUMNER ST. R-3 111111.141 WILLOW ST1I1111.1'C— 1 1111111111111111111 C-1 , C Z yry,„1„,1.1111111111111 l 1I 1I ALBANY ST R2 . li R-3 R73 Iw FOWLERS, T 11 M2 R-2 C-Z, 11 z ....MULBERRYST 1111111 R-3,R-P p u p III,I u1.uIIIIIIIIIIIIIl11111u1llllllllll 11 ...1 1 11 ALTA VISTA AVE 1111 111 III MONROE ST 111111111 POLK ST FRENCH ST 0 N' A-1 NEWELL'ST,1111111111 1111111 ANTHONY ST i�11I 1 DELL w o 0 SOUTH VIEW DR 1111111 R-3, R- PROSPECT AVE cr ti EXi m,lll IIIIIIIII 11111111111111M11111111111111M111111111 JRD A CC LU 0 1 RUTH ST 110 BOWERS ST cc C-2 1 "INDEPENDENCE AVE ARK AVE BURNSIDEAVE O rCLIFTONAVE` DREW AVE R-3 o a ERIC AVE MA.M TOBA AVE 11111111111111111111111111111111111111111111111111 M-1 A-1 11111111111111111111111111111111111 lulu ,tl11,1111MMII Illlllllllr A=1 II M-1' 111111111111111111111111111 R-3 1111111111111 111111111111111 C-1 mummm1g A-1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIr 111111 R-2 ARCHER AVE Al K Idaho Street north of MLK JR. Drive Vacate Sidewalk Easement Request DGOGWATERLOOIA1oo32o18LLC Page 77 of 251 City of Waterloo City Council November 4, 2019 IIIIIII,MIII,211111111111111111111111111111111111111111111111,1111111111 IIIIIIIIN�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII011111111111111111111�IIIIIIIIII I I 1 WEBSTER ST. ADAMS COTTAGE ST SUMNER ST. R-3 111111.141 WILLOW ST1I1111.1'C— 1 1111111111111111111 C-1 , C Z yry,„1„,1.1111111111111 l 1I 1I ALBANY ST R2 . li R-3 R73 Iw FOWLERS, T 11 M2 R-2 C-Z, 11 z ....MULBERRYST 1111111 R-3,R-P p u p III,I u1.uIIIIIIIIIIIIIl11111u1llllllllll 11 ...1 1 11 ALTA VISTA AVE 1111 111 III MONROE ST 111111111 POLK ST FRENCH ST 0 N' A-1 NEWELL'ST,1111111111 1111111 ANTHONY ST i�11I 1 DELL w o 0 SOUTH VIEW DR 1111111 R-3, R- PROSPECT AVE cr ti EXi m,lll IIIIIIIII 11111111111111M11111111111111M111111111 JRD A CC LU 0 1 RUTH ST 110 BOWERS ST cc C-2 1 "INDEPENDENCE AVE ARK AVE BURNSIDEAVE O rCLIFTONAVE` DREW AVE R-3 o a ERIC AVE MA.M TOBA AVE 11111111111111111111111111111111111111111111111111 M-1 A-1 11111111111111111111111111111111111 lulu ,tl11,1111MMII Illlllllllr A=1 II M-1' 111111111111111111111111111 R-3 1111111111111 111111111111111 C-1 mummm1g A-1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIr 111111 R-2 ARCHER AVE Al K Idaho Street north of MLK JR. Drive Vacate Sidewalk Easement Request DGOGWATERLOOIA1oo32o18LLC Page 78 of 251 Vacate Request — Idaho Street and MLK Jr. Drive lUuNi�llIl!I'IPiulu, �Follow Hi ddddf 1 I ��IIUN�pp W 0III'011iIIVII ii*t 1 illriiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINnionsonsiiiii 1 Valli' \ '1)' P\ SIIII"' �� ' III HVpl '11111111 , P 011 w mi Looking north along the east side of Idaho Street at the area that is requested to be vacated. m mm 0771"' "' r7 Why um Looking east from the east side of Idaho Street at a storm water inlet and the existing drainage way. mil^iIIIWV 1V l'Y I�Nilill111 0,0000100010100011111111110010 I llmhlllilllUUliminmmiw 1iVd41� �umuIIIIIUUIIIIU� Looking west across Idaho Street at the existing overhead electrical lines. These power lines are not in the vacate area. �;II,"N IN�I�I,II,IJIUIdii Looking east from the area in question at the existing drainage way. Page 79 of 251 Vacate Request — Idaho Street and MLK Jr. Drive 001,1,110011 Looking northwest at the area requested to be vacated. Page 80 of 251 EASEMENT TO BE VACATED: ALL THAT PART OF THE SIDEWALK EASEMENT AS DESCRIBED IN BOOK 6 EASE AT PAGE 182 IN THE BLACK HAWK COUNTY, RECORDER'S OFFICE, BLACK HAWK, COUNTY, IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PARCEL H PROPERTY: A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5 TH P.M., AND A PART OF THE EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED: THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 105.63-FOOT LONG CHORD BEARING SOUTH 46°28'08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 211.04-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72-FOOT LONG CHORD BEARING SOUTH 12°01'17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 81 of 251 tit(001110# _— (siidw ;x'oa) 133211S OH701 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 CI Offer to Vacate and Purchase City Right -of -Way ca Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement CI Sale of City -Owned Property DGOGWaterlooia10032018LLC 1598 Imperial Center, Suite 2001 Applicant: Address:west Plains, MO 65775 Phone No.: 417-256-4790 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 10' sidewalk easement along the east side of Idaho Street per Exception 4C of the attached survey. Legal description of area to be conveyed, vacated, or encroached: see attached 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 ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not 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): n/a • 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: n/a 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 must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: n/a. 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves addition Constriic s the reason for the request. Applicant Date 8/7726,14 *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 84 of 251 CITY OF WATERLOO Council Communication Five Sullivan Brothers Convention Center Lintel Replacement. City Council Meeting: 11/4/2019 Prepared: 10/31/2019 REVIEWERS: Department Reviewer Action Date �3Inklinn! Depailment eAnn Approved 10/31/2019 ATTACHMENTS: Description Type D B Hl Backup Mater.i SUBJECT: Submitted by: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. 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 Building Depailanent for further review. Submitted By:NoelAnderson, Community Planning and Development Director Page 85 of 251 5 Sullivan Bros CC Lintel Replacement Estimate: $60,000 Bid Security Required Bidder Bid Security Bid Amount TWG Greenwood, MO 5% $82,045.00 Woodruff Construction, LLC Waterloo, IA 5% $58,750.00 Henkel Construction Company Mason City, IA ° 5 /o $53,000.00 Page 86 of 251 Steege Construction, Inc. Waverly, IA Base Bid: Alt Alt Alt Alt Alt Alt Huff Contracting, Inc. Waterloo, IA Base Bid: Alt Alt Alt Alt Cardinal Construction Waterloo, IA Base Bid: Alt Alt Alt Alt Page 87 of 251 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo to dedicate a 3,520 SF utility easement along a formally vacated alley west of Magnolia Parkway between Harwood Avenue and Falls Avenue. City Council Meeting: 11/4/2019 Prepared: 10/16/2019 REVIEWERS: Department Reviewer Action Date P ianrnnnn , & Zoning Anderson, iNa:pall Appn'ipvtd i0/30/2,019 ... i i::➢ A Clerk Office Even, p..eh_nann Approved ATTACHMENTS: Description a Staff 1Rep-port. • ()v ervie NV Map ❑ Aerial pMaapp:p • A...ieganp I)e cr:nprrti • Ai SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type Cover T\ erno (.'over Memo Cover N/1rnnn (.over Memo 10/30/2019 ... 4:38 P C1 Resolution approving a request by the City of Waterloo to dedicate a 3,520 square foot utility easement along a formally vacated alley west of Magnolia Parkway between Harwood Avenue and Falls Avenue. Submitted By: Noel Anderson, Community Planning and Developoment Director Approval This is a request by the City of Waterloo to dedicate a utility easement along a previously vacated alley. The Planning and Zoning Commission unanimously approved the request to dedicate an easement at their regular meeting on March 3, 2019. None N/A Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing businesses. N/A Page 88 of 251 Background Information: Legal Descriptions: This is a request by the City of Waterloo to dedicate a utility easement along a previously vacated alley. The request to dedicate the easement will not have a negative impact on the surrounding neighborhood or drainage. A majority of the alley between Evergreen Avenue and Magnolia Parkway was vacated by Ordinance No. 1766 on July 26, 1948. However, when the alleyway was vacated an easement was not retained despite the presence of a sanitary sewer line. The dedication will protect the sewer line as development takes place at the site. Therefore, staff recommends that the request to dedicate the 3,520 SF easement along a formally vacated alley west of Magnolia Parkway between Harwood Avenue and Falls Avenue at the former Edison School site. be approved for the following reasons: 1. The request to dedicate the easement would not appear to have a negative impact on the surrounding area. 2. The request to dedicate the easement would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The dedication will protect the existing Sanitary Sewer line. Legal Description for Easement Dedicate on Vacated Alley That part of a vacated alley as platted in Galloway Addition described as: Beginning at the Southeasterly comer of Lot 348; thence Northwesterly along the Northeasterly line of said alley to the Southwesterly corner of Lot 343; thence Southwesterly 8 feet along the Southwesterly extension of the Northwesterly line of Lot 343 to the centerline of said alley; thence Southeasterly 40 feet along the centerline of said alley to the Northeasterly extension of the Northwesterly line of Lot 413; thence Southwesterly 8 feet along said Northeasterly extension of the Northwesterly line of Lot 413 to the Northwesterly comer of Lot 413; thence Southeasterly along the Southwesterly line of said alley to the Northeasterly corner of Lot 409; thence Northeasterly to the Southeasterly corner of Lot 348 and the Point of Beginning Page 89 of 251 November 4, 2019 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: Request by the City of Waterloo to dedicate a 3,520 SF utility easement along a formally vacated alley west of Magnolia Parkway between Harwood Avenue and Falls Avenue. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to dedicate a utility easement along a previously vacated alley. The request to dedicate the easement will not have a negative impact on the surrounding neighborhood. The request to dedicate the easement would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not needed as city right-of-way. There are sidewalks along the west side of Magnolia Parkway and the south side of Falls Avenue. The nearest trail is under construction along University Avenue located 0.285 miles to the south and the Trolley Car Trail located 0.563 miles to the northwest. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District. The site was formerly zoned "R-1, R-P" Planned Residence District and has been zoned as such since it was rezoned from "R-2" One and Two Family Residence District on May 9, 2011, but Ordinance 5046 is now being rescinded as part of a separate rezone request. Thus changing the zoning back to "R-2" One and Two Family Residence District. Neighboring land uses and zoning: North — Former Edison school site zoned "R-1, R-P" Planned Residence District. South — Former Edison school site and commercial zoned "R- 1, R-P" Planned Residence District and "C-1" Commercial District. East — A church, residences and commercial zoned "R-2" One and Two Family Residence District and "C-1" Commercial District West — Residences and commercial businesses zoned "R-2" One and Two Family Residence District and "C-1" Commercial District. The request would not require any buffering by ordinance standards. Dedicate- Easement Page 1 of 3 Page 90 of 251 November 4, 2019 DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The proposed dedicate would not appear to have a negative impact on drainage. Residences built between 1910 and 1960, commercial built between 1922 and 1955, and church built between 1941 and 1967 This area is protected by levee as indicated by the Flood Insurance Rate Map No. 1900025 0188F Fred Becker Elementary School is located .086 miles to the southwest, Central Middle School is located 1.41 miles to the southwest, and East High School and West High Schools are each 2.30 miles to the east and southeast respectively. Galloway Park is located 0.33 miles to the northwest. There is an 8" Sanitary Sewer Line along the former alley right-of-way. The Future Land Use Map designates the area as Parks, Open Spaces, Schools, Hospitals, Government Facilities, Public Areas, Airport, and it is designated that because it was formal school site, and that it may need to be amended in the future to reflect its repurposing. A majority of the alley between Evergreen Avenue and Magnolia Parkway was vacated by Ordinance No. 1766 on July 26, 1948. However, when the alleyway was vacated an easement was not retained despite the presence of a sanitary sewer line. The dedication will protect the sewer line as development takes place at the site. The city is currently working with the school district for a property trade that would see the city take control of the former Edison School site for redevelopment possibilities. The Planning and Zoning Commission unanimously approved the request to dedicate an easement at their regular meeting on March 3, 2019. There will be a separate request to plat the land. Therefore, staff recommends that the request to dedicate the 3,520 SF easement along a formally vacated alley west of Magnolia Parkway between Harwood Avenue and Falls Avenue at the former Edison School site. be approved for the following reasons: Dedicate- Easement Page 2 of 3 Page 91 of 251 November 4, 2019 1. The request to dedicate the easement would not appear to have a negative impact on the surrounding area. 2. The request to dedicate the easement would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The dedication will protect the existing Sanitary Sewer line. Dedicate- Easement Page 3 of 3 Page 92 of 251 City of Waterloo City Council November 4, 2019 Ice I,3 w� } N H 0 R-2 0 0 m SHADY LN w 0 0 w o cc Q MAXIN 1 N z m a m 0 m MIRADA DR cc TRACEY ~U DR * R-3 0 �... � R-3, C-Z GARDEN AVE w R=3 1 C-1,Cr°'^' C-2 C-2,C-Z DR 00 BISMARK AVE L HI tiO , z < j Q II DOWNING AVE MAYNARD AVE BAUCH ST Iz STRATFORD AVE cn J —J w X 0 AVE 03 1 m HARTMAN w J z cc 0 M-1 YNARD AVE UPTON C-2, CZ ANSBOkOUGH Iw F O� U BIARK AVE E R-3 0 JANNEY R-3 ATH ON w SLAND A-1 M-2 JA N N 0 Q y -9 �PNlA4- 0\'P -4 - � 9 2Q Gsk- 0\Y'. A-1 w CC w _ 0 uJ w ST UNIVERSITY AVE W. WELLI West of Magnolia Parkway Easement Dedicate City of Waterloo Page 93 of 251 City of Waterloo City Council November 4, 2019 iiii 11111 111i: „IIIIIIIII Ioull��u11 a auullll aP„il 1, uoo1 m 11111111111111111111111111111111111111111111111111111111111111111111 110010 11111111111111111111111 uui 111111111111111111111111111111111111111111111 111111111111111111111111111111111111111 d1�1�11111�IIIIV'ip11o1�� (111 'llllruuuuu,,lj�i mii�u 1 'Iu1ry1*il'I' '',IIIl1111 11, full 111111111111111111111111111111111111 HI 1111111N111 1111 111111111111i 111111 ullllupu 1111 1n' 111 1111 11 West of Magnolia Parkway Easement Dedicate City of Waterloo Legal Description for Easement Dedicate on Vacated Alley That part of a vacated alley as platted in Galloway Addition described as: Beginning at the Southeasterly corner of Lot 348; thence Northwesterly along the Northeasterly line of said alley to the Southwesterly corner of Lot 343; thence Southwesterly 8 feet along the Southwesterly extension of the Northwesterly line of Lot 343 to the centerline of said alley; thence Southeasterly 40 feet along the centerline of said alley to the Northeasterly extension of the Northwesterly line of Lot 413; thence Southwesterly 8 feet along said Northeasterly extension of the Northwesterly line of Lot 413 to the Northwesterly corner of Lot 413; thence Southeasterly along the Southwesterly line of said alley to the Northeasterly corner of Lot 409; thence Northeasterly to the Southeasterly corner of Lot 348 and the Point of Beginning Page 95 of 251 \� v %/; !�. « 1111111 1111111lllllllp pllllppuluu .IIIIIII�III,I IIIIIIIIIIIIIIIIIII;III IIIII''iiilliiilliiiiiiiiiiiilliiiiiiiiiidilillliiiliiil pugpp1R11!Rodi�ll�uulllllIII'dN�MMplol'Nljjllllll1ll�l�l'I �� ICI ,wll IW 'u'r IIIwgIllMulyll,lllll Easement Dedicate West of Magnolia Parkway between Harwood Avenue and Falls Avenue IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII11,„IIIIIIII Ittt‘` !111111++1+11 x �'' I'�Iwun tri�r�; w awn" Illiiii;i'S .^mwpIlll�wmMu°I i��iu �� ‘)i""S'E'W' �� ft ,,plwwyuulVV� lilv;'WVIU Looking from Magnolia Parkway east toward Evergreen along easement dedicate. .urn .,.q0.401 IIIIIIIII IIIIwooiweoppill, '��'il� ''I:i�' ' I'I��M,IN;d;ll,'I;� w^rl' r,,,,r"awl W' �'��IN�I�'i ��'��' „„„I„!,' a�� 11111111111111111111111111111111 111111111111111111111111111111111111 *so 111111111111111111 11111 � Wvl�m " I�UVIII'p, II I rimi! Itoilpt"),"40011001)„,..„,,,,,,- 1.0 41111110 .1.100,10,Elt:g it VX �xI' i'vi� V l Looking south toward the area of the dedicate. Page 97 of 251 APPLICATION FOR OTHER REQUEST CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 I . APPLICATION INFORMATION: a. Type of application (please describe): 610-501-wfcT ON( 09-16 b. Applicant's name (please print): C rrj of LAM—ristet,Glz) Address: '1 IC ()OL4(e/L1 j7 Phone: 319. ,20f j — 43a, Fax: City: vIrrrQLco State: ) Zip: Go 70 c. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: d. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property: (A.431 P flifXvJo- -.712r7Lunly-V 14 PR-W*170 194rV clu v-- Fig t9a-rvbff b. Legal description of property: c. Dimensions of Property Boundary (Excluding Right of Way): d. Area of Property (Excluding Right of Way): e. Current zoning: f. Reason(s) for request and proposed use(s) of property: i 00 0-‘9)rnimrT 0 IA 0451i (c4t21 g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from this request). The filing fee of $100 (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be 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. 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 sLtlnitt will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Couri 11 in 9kqTtieir decision. The undersigned authorize City Zoning Officials to enter the property,M41.testiert in rgards43 the req est. -.II.-Illolll, Signature of Applicant I Date Signature of Owner Date Page 98 of 251 CITY OF WATERLOO Council Communication Resolution approving a Real Estate Purchase Agreement with Ruthanne E. Rooff to purchase 325 West 13th Street and surrounding land, in the amount of $96,000 with up to $5,000 in closing costs, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/22/2019 REVIEWERS: Department Reviewer Action Date Plimning & Z,oniing Anderson, Approved 10/30/2019... 11:30 AM (. ieitk_ Office Even, p:.eAnn Approved 10/.30/20 19 ... 4.37 P M ATTACHMENTS: Description Type Purchase chasa: A , °merit ('over Memo Acriai Map Cover I1/ernno SUBJECT: Submitted by: Resolution approving a Real Estate Purchase Agreement with Ruthanne E. Rooff to purchase 325 West 13th Street and surrounding land, in the amount of $96,000 with up to $5,000 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval This is a request to enter into a real estate purchase agreement between Ruthanne E. Rooff and the City of Waterloo to purchase 325 West 13th Street and surrounding land in the amount of $96,000.00 with up to $5,000 in closing costs. Summary Statement: The properties have high visibility from Highway 218 and staff is proposing to acquire the land for new economic development. The total area of the acquisition is 0.77 acres, making it a very suitable site for new development. Staff is recommending approval of entering into said purchase agreement. Expenditure Required: $96,000 Source of Funds: Rath TIF. Policy Issue: Property Acquisition/Economic Development. Lot Nos. 6, 7 and 8 in Block No. 56 in Anthony Baker's Addition and Legal Descriptions: Page 99 of 251 The Northeasterly one half of Lots 9 and 10 and the Northeasterly two feet of the Southwesterly one half of Lot 9 in Block 56 in Anthony Baker's Addition, City of Waterloo, Black Hawk County, Iowa Page 100 of 251 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Ruthanne E. Rooff ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 325 W. 13th Street, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-25-377-006, -009, -010, and -011; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $96,000.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 30 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: See Paragraph 22.C. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Page 101 of 251 Within 30 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller shall, at its own expense, obtain from Black Hawk County Abstract & Title an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing 2 Page 102 of 251 reasonable access to Buyer' s inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELIER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 56L13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. If Seller desires to structure a 1031 tax -deferred exchange in connection with the proposed transaction, Buyer agrees to cooperate, at no cost to Buyer, with any reasonable request from Seller, and to execute any reasonable documentation requested by the exchange agent, to facilitate an exchange. 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 3 Page 103 of 251 B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Seller shall have the right to salvage materials, equipment and fixtures from the Property before closing. Any personal property or fixtures of any type or nature that remain on the Property after closing shall be deemed abandoned by Seller, and Buyer shall be free to keep or dispose of same in any way or at any time that Buyer chooses, without further compensation to Seller. Seller shall remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, bottles or containers of any kind. Seller agrees to use reasonable methods to keep the Property secure against entry by unauthorized persons and to prevent hazards to personal safety. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , this Agreement shall be null and void. Dated ,10 -11- TT Accepted by Seller BUYER SELLER City of Waterloo, Iowa By: Mayor Attest: City Clerk Ruthanne E. Rooff 5 Page 104 of 251 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Ruthanne E. Rooff 1354 Prospect Blvd. Waterloo, IA 50701 Buyer; City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. 4 Page 105 of 251 o d191111^III11111111111111111 VII,""II Note Base map data sources Black Hawk County TNs map does not represent a survey no liability s assumed for the accuracy of the data delineated herein either expressed or implied by Black Hawk County the Black Hawk County Assessor or then employees The City of Waterloo makes no warranty express or implied as to the accuracy of theWawa.sIobIty show„ on this map and expressly disclaims liability for the accuracy thereof users should refer to official plats surveys recorded deeds etc located at the Black Hawk County Assessors Office for complete and accurate information 325 West 13th Street and Adjoining Parcels liiiiluuuuu Ion1111II Idldl dllllp City of Waterloo, Iowa `O IIIII II IIIII i11111 II lulplll I°°°° uuul°�pllu plll „IIIIIIIIIIII.„,, ,„„` W�E ! I •— ui•kmai ' CITY OF WATERLOO Council Communication Resolution approving a Real Estate Purchase Agreement with Petcor N. A. Corporation, in the amount of $13,386.14 plus up to $5,000 in closing costs, to acquire approximately 2.05 acres along Northeast Drive, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 11/4/2019 Prepared: 10/29/2019 REVIEWERS: Department Reviewer Planning & Z,oniing Schroeder, Aric t. pu;rk Office ven, p..eAn:n ATTACHMENTS: Description D Petcor ➢ U rchas ,Agri enn:ii rrru P arcel C 81/ 2089..12 D 1 etcor P uuu chase Aerial SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Approved Approvelf. Date 10/28/2019 ... 1.2,2 P C1 0/29/2019 Type BackupM eir.iinal uu.p 1 aura 1 Resolution approving a Real Estate Purchase Agreement with Petcor N. A. Corporation, in the amount of $13,386.14 plus up to $5,000 in closing costs, to acquire approximately 2.05 acres along Northeast Drive, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Adopt resolution $13,386.14 in acquisition costs and up to $5,000 in closing costs. Northeast TIF funds They City of Waterloo previously owned this property, as well as the parcel to the south, and sold the land for industrial development. Petcor N. A. Corp. subsequnelty purchased the property, but it was later determined that the north parcel was a designated wetland. The Army Corps of Enginers has reviewed the matter and has indicated that the City of Waterloo should own and maintain the area as a wetland. The City is re -acquiring the land for the same price it was sold for previously. Legal Description Parcel "C": That part of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter, and that part of the Northwest Quarter of the Northwest Page 107 of 251 Legal Descriptions: Quarter of the Southeast Quarter, all in Section 20, Township 89 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of a line parallel with and 75 feet West of the centerline of Northeast Drive, and lying Southerly of the Union Pacific Railroad right-of-way, more particularly described as commencing at the Northeast corner of the Southwest Quarter of said Section 20; thence S 0°18'04" E 663.33 feet to the Southeast corner of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 20 and the point of beginning; thence N 89°35'45" W 575.62 feet along the South line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter to the South right-of-way of the Union Pacific Railroad; thence N 79°44'24" E 996.48 feet along said South right-of-way line to the West right-of-way line of Northeast Drive; thence S 0°13'40" E along said West right-of-way 84.39 feet to the end of curve on said right-of-way; thence South 98.02 feet along a 502.96 foot radius curve, concave Westerly, said curve having a 97.87 foot chord bearing S 5°20'27" W, to the South line of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter of said Section 20; thence N 89°57'35" W 396.16 feet along the South line of said Northwest Quarter of the Northwest Quarter of the Southeast Quarter to the point of beginning, containing 2.058 acres and is subject to easements and restrictions of record. Page 108 of 251 HUGH M. FIELD JOHN R. WALKER, JR. RICHARD R. MORRIS THERESA E. HOFFMAN ERIC W. JOHNSON KEVIN D. AHRENHOLZ D. RAYMOND WALTON JOHN J. WOOD ADNAN MAHMUTAGIC THOMAS C. VERHULST KATE B. MITCHELL NATHAN D. MILLER JORDAN M. TALSMA BEECHER, FIELD, WALKER, MORRIS, HOFFMAN LAWYERS COURT SQUARE BUILDING — SUITE 300 620 LAFAYETTE STREET P. O. BOX 178 WATERLOO, IOWA 50704 TELEPHONE: (319) 234-1766 FAX: (319) 234-1225 Aric A. Schroeder City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo, IA 50703 October 23, 2019 Re: Petcor N. A., Corp. — City of Waterloo Dear Aric: & JOHNSON, P.C. W. LOUIS BEECHER (1921-2012) W. L. BEECHER (1891-1976) JOHN W. RATHERT (1932-2010) www.beecherlaw.com rmorrisabeecherlaw.com Enclosed please find two originally executed copies of the Real Estate Purchase Agreement in the above captioned matter. Please provide one originally executed copy back to us and a closing statement so that we can conclude this matter. I would note that the abstract that I have has more property on it than what is being conveyed to the City as it contains the entire property owned by Petcor at that location. When the time comes to have the abstract made at the City expense, we will need to coordinate on the legal description so both parties are concurring as to what the legal description should be on the property being deeded by Petcor to the City of Waterloo. I look forward to hearing back from you accordingly so we can finish this matter up. RRM/ljb Enc. cc: Cordell Peterson Very tr ly your, Richa/rd •R. Morris for BEECHER, FIELD, WALKER, MORRIS, HOFFMAN & JOHNSON, P.C. +Established in 1918+ Page 109 of 251 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: Petcor N. A. Corp. ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as tax parcel no. 8912-20-401- 007, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE, The Purchase Price, determined per appraisal, shall be $13,386.14. The entire Purchase Price shall be due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 60 clays after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement, at a date and time mutually agreeable to the parties. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS, Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shun not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Withill 415 day:--a-Per-thc eee1atnree-ol4h-i:' ,reement; Brrytir- ay: at its--:,ule ewpensc, have the-pRipett-y--inspeeted-43 ct-per-son--car person -et its-ehnic-to-detenn-ine--i ther are tiny Page 110 of 251 enviro tnent-al--ors-other-defieie eies--•SelletAlan-cooperate--€n--pr ovi ling-ie€jsc reasonable -access -to Buyer-s-iffspe -tors. W-itltin-this-game-pefiod, -the Buyer-ruay--rx fii-t --the-Selle+-itrwriti rg--oi=itny elelaeien ey7=Fhe-SelleF-shtdi-Untnediately-notify-the-Bu-yerwriting-o what step; i-f any, the Seller-evi[Ha ke-to-etrt-st et -arty deficiencies-before--elosiirg: Pltc Bier=sltfrll tliert in lirttely irr writing-toti4y-t-he-Seller that (4) such steps--rt-re--accept-al l:e„-i-rt--wltic-h-case--l.hjs-Agreernertt -as-so Pd&h Eed5 shall be binding —upon all --}tattles; or (2) that --such steps tire .not r ptable; irr-whieh erase this Agreernera-t-sheiI be null trial--vekl, and -any earnest monoy-slab--be-retE ned-to-Brayer 8. ABSTRACT AND TITLE. Seller shall provide to Buyer the abstract of title to the Property, which Buyer shall, at its expense, have continued through a date that is within 30 days of the closing. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association, The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY, Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS, A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer-t ay-, t-Bit-yer's•-e;gzenser h e-the-Proper ty inslreeted-further -for-the-existence of -any---h-awatdous-treater a1s;-srrbstaneet;-erg-waste,. -f eller-slxrl•l-eoe tertrte-ir;-- rovielicrg restsona le-aeee-ss-tt}-Br yer`s-inspectors-aildengiirteem--•Iphazardc IS -materials; srrbstt nc s, or as-tes-arse-clisectyore d-en-the-Pfoaternye.es-obligatioil-he retrrrcler-shall-be-eotrtin gent pore the --re noval-ef such mater-iol-pr-5trltst-a-nee, , c-c erd-itictr r• ast -irr-otter--r elution-o#'--the 2 Page 111 of 251 matter -reasonably sal-ia ae;-t-or-y-to-Buye ;— I4owever--ii -tl e--event--Seller s---r=ectui 'ed-t -exile d an} . ern. its oxcess-of— 0-00 ernove any hazardous materiels, sr b tan cf n.d-it-fens-o.r wastes, Seller shall have the -option -to -canoe] this-traiu etioa and-r rnd to --Buyer all -earnest money piiid-u eclare €hi-s-Ag,reernent-null and void, The expense --cat any —action —necessary to -rem ve-car-c tl erwi;4s 3--r33ake--sane any.— azarcl t --m tedal; ubst-a necs,-e editions--or-waste aharll Ire laa icl l}y,Seilcr, seabjeet-to-yeller-'-s-ri ht-tt -c;a neel-this-tra sfaetiort-tra-pr-cavicled--above: 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. Reserved. 13. JOINDER BY SELLER'S SPOUSE, Reserved. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE, At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others, 16. 1031 EXCHANGE. Reserved. 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees, 3 Page 112 of 251 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Petcor N. A. Corp. 104 Black Hawk Street P.O. Box A Reinbeck, IA 50669 Attn: President Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. Special contingencies to effectiveness of Agreement: Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. B. No later than closing, Seller shall remove all debris, trash, and hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. C. Buyer shall reimburse Seller for up to $450.00 of Seller's documented attorney fees and legal expenses that are directly related to this transaction. Buyer shall also be responsible for all abstracting expense, filing fees and any and all other expense reasonably necessary to close this transaction between these parties. D. Indemnity, Hold Harmless and Release. Buyer shall defend and indemnify and hold harmless Seller and its directors, officers, employees and stockholders from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney's fees and costs) which arise out of, or relate to or result from any claim against 4 Page 113 of 251 Seller and/or Buyer by a third party relating to or arising out of Buyer's prior sale of the Property to Seller's predecessor -in -interest or any use of the Property by Seller or its predecessor -in -interest that has violated the Property's designation as a wetland, if such violation occurred in ignorance of the Property's status as a wetland. Buyer specifically releases Seller from any and all responsibility to any and all government organizations and agencies governing the Property as a designated wetland from any permitting that was required and/or the responsibility of Buyer to maintain the Property as a designated wetland. E. Fence. Buyer shall construct a fence along the south boundary of the Property to separate it from other property owned by Seller. The construction of said fence shall be at Buyer's sole expense and shall be completed on or before June 30, 2020, 23, ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2019 this Agreement shall be null and void. Dated Accepted by Seller (tom_ V: BUYER City of Waterloo, Iowa By: Mayor Attest: City Clerk 5 Title: SELLER Petcor N. A. Corp. By: ,pL �K... president Page 114 of 251 Page 1of1 111111111111101111 `I111111011,11111 UI 10 Doc ID: 004953300001 Type: GEN Kind: SURVEY Recorded: 10/29/2012 at 03:19:06 PM Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa JUDITH A 11CCARTHY RECORDER F11e2013-00008703 PLAT OF SURVEY OF PROPERTY DESCRIBED AS FOLLOWS: Legal Description Parcel "C": That part of the Northeast Quarter of the Northeast Quarter Of the Southwest Quarter. and that part of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter, all in Section 20, Township 89 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa. lying Westerly of a line parallel with and 75 feet West of the centerline or Northeast Drive. and lying Southerly of the Union Pacific Railroad right-of-way, more part Warty described as commencing at the Northeast Corner of the Southwest Quarter of said Section 20, thence 5 0°18'04" E 663.33 feet to the Southeast corner of the Northeast Quarter of the Northeast Quarter of the Southwest Quarter of said Section 20 and the point of beginning, thence N 69'35'46" W 575132 feet along the South line of said Northeast Quarter of the Northeast Quarter of the Southwest Quarter to the South right-of-way of the Union Pacific Railroad; thence N 79'44'24" E 996.A8 feet along said South right-of-way line to the West right-of-way line of Northeast Drive, thence S 0°13'40" E along said West right-of-way 84.39 feet to the end of curve on said right-of-way, thence South 98.02 feet along a 502 96 foot radius curve, concave Westerly. said curve having a 97 87 toot chord bearing 5 5'20'27" W, to the South fine of the Northwest Quarter of the Northwest Quarter of the Southeast Quartet of said Section 20, thence N 89'57'35" W 396.16 feet along the South line of said Northwest Quarter of the Northwest Quarter of the Southeast Quarter t0 the point 0f beginning, containing 2.058 acres and is subject to easements and restrictions of record, Parcel "C" AcreAge Summary NE 1/4 SW 1/4 = 0.715 Acres NW1/4SE1/4=1.343Acres Total = 2 058 ACrey NORTH NE 1(4 NE 114 SW 114 Sec 2C-89-12 N89^35'45'W Pont of Commencement Center 20-89-12 Set #5 Rebar w/ Red Cap 412088 m�a w& m N79°44'24 B 996 48' NE 1(4 NE 1/4 SW 1/4 Nano 1/0 comer 20-89-12 Fnd Lean Plu4 in Concrete Paveme"l P�8 West I/O Corner 20-e9 t2 Fnn Concrete Monument wl woos tap S89'94-41'E 263E 07- 1318.03' 7 T5s 02* 1 759 02'co N'4 oN 41. 98416.49"t �" fi6124'� e6'2 132247' 65 fSe936'a9 1,4 Southwest Comer r4i y�yql 50. Ilq Corner 20-89-12 0/ 20-69-12 iFnd Pk Nail 1328(_ SeCalr PKCNenai! per 9t' t3z5,91' rues=385047--4j. -- zees -err - Section Breakdown center 20-e9.12 Set #5 Reber wl Red Cap 1112088 Naar, 584.34'41"E 263 S77' 7 East 11e tomer 20-88-12 End 1 `9 Pipe wl 1'ell4e Cap O&M NW 114 NW 1/4 5E (14 Sec. 20-69-12 _ a $Du1 �u RailrOau Qe(on Pao NW 1I4 NW 114 SE 1/4 L=98 02' R=502 96' C97 97' 'S05°20'27' W End 1/2"0 Rebar w1 Yellow Cap #6132 E to mice PO Im 500°10'4tTE 84. 39' Fnd 1)2"0 Rebar w1 Yellow Cap #5132 N89°57 35'W - N89°57'35''W $75.87 NE1/4 NE1/4 SW1/4 Sec 20-89-12 SE 114 NE 114 SW114 Sac 20-39-12 FEATURE LEGEND O SET 5!6" O X 24" REBAR W I RED GAP L.S. #12068 • PROPERTY CORNER FOUND A SET SECTION CORNER SECTION CORNER FOUND 100.00 DIMENSION OF SURVEY (100.00) DIMENSION OF RECORD 0 100 -_200 400 NOTES: 1.) The East line of the SW Y4 is assumed to bear N 0°18'04" E for purposes of this survey. 2.) All dimensions are in feet and decimals thereof. 3.) The error of closure is better than 1 10,000 4.) Survey Requested by: City of Waterloo 5,) Proprietor: City of Waterloo 6.) Field work was completed 10-19-2012 7,} Parcel letter "C' assigned by Black Hawk County Auditor POB 5E Comer NE1/A NE 1/4 SW1(4 Sec. 20.89-12 SW 1/4 NW 7/4 SE 114 Sec 20.89-12 L=488. 55'(488.69') R-502 96'(502.06' ) C=469 57'(469 69') 538'4505W End 1 R"0 Rebar This Plat or Subdivisi s bee 396 16' 152 07' 5au1h line NW1/4 NW1145F 114 Sec 20-59.12 1 / Nnnheaat Dove (153'ROWy (152 00') Ind 1/2"0 Rebar Fnd 1l2,8 Reba/WI Yellow Cap #9132 on the South Ilne of the N1/2 NW 1/45E114 Sec 20.89-12 eviewed by the City of Waterloo Signature of City Ordinance Administrator Date. --9 I hereby cartrfy that this land surveying document was 9reparad and the related survey work was performed by me Or under my d,rect personal super0s,an and that 1 am a duly l,cen5e4 Lend Surveyor under the laws of the State of Iowa. WENDELL LUP ES, L.S. DATE [00110e number 12C58 My license renews( dale ,s December 31, 2012 Pages or sheets covered by this seal ! f CO 7.eso�se1 s VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 Plat of Survey, Parcel "C" in SE 1/4 and SW 1/4 Sec 20-89-12 File Number: 2013-00lAiyi scale 1•=20tl' drown by wit Vitthocip 511 1100 1"m' 1 m III11111 IIIuww 11111111111111 1 111j1p I' 1, II 11 ud 111� IIII 1'111V 1 III l luu lVi' 1Nj it 1111 1 1 1I1 1111111111111111 111111111u11i1i111ui�1111111 11a"1 1111�NI 1�1�1�1�1VV�1�1�1�1�1�1 11 hu 111 I I 1 oil uuy,lyu111 � ° Ii Ill 11 11p I 1,11w p11u 11 °i� I'11N m ' 1h91' ml Il IW 11 �101 11 mm1� ''�"Po IIIIII 1 u 1 VT 1 all dm 1�1 maul a Vll ulm Mull Iglu m Wry, b m Iouu IIIIIIIiuNI u11u111 dVuy ti11111191 111 W111111111 a 11yi 1 uiiu1y1111111111sidduuou;;; l l "1,,,111° I'1d 1"IIII I11111111'11 611uldali�'iVlm^ II'111111 PWI dIIIIII p11 1�1�11�11�11�VIyl11 �1 w' ou,l,l'IIIuII I11.1.000011111110.10111111111111111111100.......111.1ilil11�IIIIIII1111111111W11WIWu,I�„ iiiiiNWNNN juuIIllVli'1111h r 9';k,ldiulld6l,llllhdll iiiji jllillllli 111 IV uuuuuuuuu�uu1111111111111111111 IIIII 11 uuuullllllllllllllllllllll1111,1 ii 111 IIII �11�II1��11u11 p1 d1'M'M�1W1V1W1N'M'W'IW'W'A'WINWINNW'Wlh„III '11,1 u^IIof / ulll ul'w qtl 1�i�IIliU11111111pU,1111 1U1�111�1111111111II11U11q.1IW11Wm1111111M 11,1 OIIIIIIIIIIIRI�Mu 11 1VIIIINI "'Ml�y�111111d'�"W'i'N11oli �IIIIIIIiIIIIIIIII0a1 n1 l �l1l ulIl 111 , 'V 11, JllIj.uupu , JI l Im� u Vtitigfri 0 I 'II ql 11 li1 u,,,i 9n°r /J i ,11111111 1[WIlllII ',11111111111y V �' 1.11111111111iiliuuuulY'null W'^11111n11111 pI1Vii1W a 11 11 11111 1 lq IIIWIII�IIII INWIIu N 111 uuumy �uuuW'WuuululWMMmu 11, NI u� IIII a �llpy °1�h111111 a dl I�WI1Niuiluuu1I11111'iiluul 11111111 N11�1lil Note Base map data source is Black Hawk County This map does not represent a survey no hablaty Is assumed for the accuracy of the data delineated here either in expressed or Implied by Black Hawk County the Black Hawk County Assessor or their employees The City of Waterloo makes no warranty express or Implied a to the accuracy of the informshown on tOs map ation and expressly disclaims I lfy forme accuracy thereof users should refer toe etofficial plats surveys reworded deeds etc located at the Black Hawk County Assessors Office for complete and accurate mformaoon III 4 iu,,91,'1 1iu i i11V1 i1,p�V�l Nuuum1u11 NI"11,111Iii11V,11,11hl w11 ";'III, II IIII111 �,1j11h lllu'II� Yl1i111 uuu ' µ 1 1 II II1111.1i111100lilliiipilhuulJ,Ij,l11,,w, 1I1 W'W1WiW111111 11 V1 1W1NW'I IVU11,1 rVu„ uul%,111VY 1"11111111111111111 °^ 11111,011V1 alll,l �l _1I Iu1gg1111111iiil liiilllll°111111 11, 1 1 i11 t"� 11g11J^ auuli° 11 1 1dV,ll,lly 111II 1 1'I0IIIII1g1111111111 II��Iygllylpll�� 1 nnoIIN11111 mr If N� 11 Y1111111°IIIII ^ 1I'II"' n lY Ili Ili ul1'uN'l11111111� 111IIIII,IINII IIIlI111 'IIW�I'1';uulluuu uu1,l1,I lI„I,1IIpllIIi' I', pull 1'lll 1 all IIV 'liiul,l m m n; 11WIIIIIIIVii1,'ll u111 111111, 1 I i11i11111,V1111111u1IIII 1'g ll'Nlullmmiilplll lilwW iuu U m IV'wNflryl lu° IV1I r VIHIII u 1 1 1 � 11 ''"IIIj IIII IIPj u' VI w fN ul iulilllVP1 WIIllu111 1 ' IIIII 1 d 11'1u WI1 uuluU111111 ugllllll 11111111111111000,1111wl1111 ' 111111111111111 11 1 Cittj of Waterloo, Iowa 1''"91'�'Ii,IIIIIy,1A1,1llr'101 of 1 1 Illy'"u11 "1" 1p11,r,q,,,rll, 1111,d1,11, 1 1 lwl ,V N,llimo11 llilll„IIIII ',',j uyuyu p111110 I Iu1YI 1,111111111W N'1I ,NV'IVQIN IIiii 11 119111I11IU11111 W+E ge 116 of 251 CITY OF WATERLOO Council Communication Resolution approving an Amendment to a Professional Services Agreement with INVISION Architects, LTD., of Waterloo, Iowa, in an amount not to exceed $1,892.36, in conjunction with the Waterloo Center for the Arts 2018 Toilet Renovation Project, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/29/2019 REVIEWERS: Department Reviewer Action Date 1113 henAnn Approved ��13�1I��9 ... 4.42 P C� SUBJECT: Submitted by: Resolution approving an Amendment to a Professional Services Agreement with INVISION Architects, LTD., of Waterloo, Iowa, in an amount not to exceed $1,892.36, in conjunction with the Waterloo Center for the Arts 2018 Toilet Renovation Project, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Expenditure Required: City Facility -Center for the Arts Improvements Background Information: Reimbursable expenses in addition to basic services Page 117 of 251 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with MMS Consultants, Inc. for wetland delineation and final platting services, for approximately ten (10) acres of land located at the southeast corner of Northeast Drive and Martin Luther King Jr. Drive, in an amount not to exceed $11,000, and authorizing the Mayor to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/30/2019 REVIEWERS: Department Reviewer Action Date P!arming Sz Zor.urng Anderson, Noel Approved 0/.30/2,019 ... 9 AM t.'led( Office Elven, p:.LA nn Approved l 10/30/20 9 - 2:56 Tit ATTACHMENTS: Description Type lYlapp Cover 1\4 ^nflo A.gnreeuient Backup Material SUBJECT: Submitted by: Resolution approving a Professional Services Agreement with MMS Consultants, Inc. for wetland delineation and final platting services, for approximately ten (10) acres of land located at the southeast corner of Northeast Drive and Martin Luther King Jr. Drive, in an amount not to exceed $11,000, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City is requesting to enter into a Professional Services Agreement in with MMS Consultants, Inc. not to exceed $11,000 for a wetland delineation Summary Statement: and final platting services, and the scope of the services are detailed in the attached agreement. The city is taking the necessary steps that have to be taken to make this site ready for new development. Expenditure Required: $11,000 Source of Funds: TIF Policy Issue: Economic Development policy number 1, 3 &4 within the Strategic Plan. NORTHEAST INDUSTRIAL PARK PLAT 1 LOT 9 EXC THAT PART DESC AS BEG AT THE NE COR OF SAID LOT 9 TH SE ON THE E LINE OF SAID LOT 9 A DIST OF 197.49 FT TH S 84 DEG 51 MIN 27 SEC W A DIST OF 742.01 FT TH SE A DIST OF 162.88 FT TO THE S LINE OF SAID LOT 9 TH S 88 DEG 50 MIN 11 SEC W Page 118 of 251 ON THE S LINE OF SAID LOT 9 A DIST OF 59.88 FT TO THE SW COR OF SAID LOT 9 TH NW ON THE W LINE OF SAID LOT 9 A DIST OF 413.30 FT TO THE NW COR OF SAID LOT 9 TH N 88 DEG 56 MIN 22 SEC E ON THE N LINE OF SAID LOT 9 A DIST OF 800 FT TO THE PT OF BEG AND NE NW SEC 20 NW NE SEC 20 SW NE SEC 20 ALL IN T 89 R 12 EXC RDS AND EXC THAT PART OF ABOVE DESC PLATTED TO NORTHEAST INDUSTRIAL PARK PLAT NO 1 & EXC NORTHEAST INDUSTRIAL PARK PLAT NO 2 ALSO EXC THAT PART CONTAINED IN THE FOL DESC: COM AT THE SE COR OF THE NE 1/4 OF SAID SEC 20 TH S 89 DEG 36 MIN 44 SEC W ON THE S LINE OF THE NE 1/4 OF SAID SEC 20 A DIST OF 2056.71 FT TO THE PT OF BEG OF THE PARCEL HEREIN DESC:TH SE A DIST OF 164.33 FT TH S 7 DEG 45 MIN 10 SEC W A DIST OF 130.45 FT TO THE PRESENT NLY ROW LINE OF THE UNION PACIFIC RR TH SWLY ON THE PRESENT NLY ROW LINE OF THE UNION PACIFIC RR ON A 2764.93 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 153.31 FT LONG CHORD BEARING S 77 DEG 37 SEC W A DIST OF 153.33 FT (ARC LENGTH) TH N 5 DEG 14 MIN 40 SEC W A DIST OF 411.68 FT TH NW A DIST OF 257.18 FT TH S 84 DEG 51 MIN 27 SEC W A DIST OF 141.69 FT TH NWLY ON A 1373.24 FT RADIUS CURVE CONCAVE NWLY AND HAVING AN 829.47 FT LONG CHORD BEARING N 77 DEG 33 MIN 50 SEC W A DIST OF 842.62 FT (ARC LENGTH) TH N 59 DEG 59 MIN 8 SEC W A DIST OF 273.11 FT TH S 30 DEG 52 SEC W A DIST OF 15 FT TH N 59 DEG 59 MIN 8 SEC W A DIST OF 200 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT TH N 59 DEG 59 MIN 8 SEC W A DIST OF 226.97 FT TH NWLY ON AN 854.93 FT RADIUS CURVE CONCAVE SWLY AND HAVING A 162.28 FT LONG CHORD BEARING N 65 DEG 29 MIN 17 SEC W A DIST OF 162.53 FT (ARC LENGTH) TO THE W LINE OF THE SE NW OF SAID SEC 20 TH NW ON THE W LINE OF THE SE NW OF SAID SEC A DIST OF 231.15 FT TH SELY ON A 1074.93 FT RADIUS CURVE CONCAVE SWLY AND HAVING A285.68 FT LONG CHORD BEARING S 67 DEG 32 MIN 26 SEC E A DIST OF 286.53 FT (ARC LENGTH) TH S 59 DEG 59 MIN 8 SEC E A DIST OF 224.55 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 200 FT TH S 30 DEG 52 SEC W A DIST OF 5 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 273.12 FT TH SELY ON A 1143.24 FT RADIUS CURVE CONCAVE NELYAND HAVING A 690.55 FT LONG CHORD BEARING S 77 DEG 33 MIN 50 SEC E A DIST OF 701.50 FT (ARC LENGTH) TH N 84 DEG 51 MIN 27 SEC E A DIST OF 188.15 FT TH NW A DIST OF 75.01 FT TH N 12 DEG 7 MIN 5 SEC E A DIST OF 132.29 FT TO THE PRESENT WLY ROW LINE OF NE DR AS PLATTED IN NE INDUSTRIAL PARK PLAT NO 1 TH SE ON THE PRESENT WLY ROW LINE OF NORTHEAST DR A DIST OF 575.38 FT TO THE WLY EXT OF THE S LINE OF LOT 9 NE INDUSTRIAL PARK PLAT NO 1 TH N 88 DEG 50 MIN 11 SEC E ON THE S LINE OF Page 119 of 251 Legal Descriptions: SAID LOT 9 AND ITS EXT A DIST OF 80 FT TO THE SW COR OF SAID LOT 9 TH CONT N 88 DEG 50 MIN 11 SEC E ON THE S LINE OF SAID LOT 9 A DIST OF 59.88 FT TH SE A DIST OF 204.25 FT TO THE PT OF BEG EXC THAT PART PLATTED AS NORTHEAST INDUSTRIAL PARK PLAT NO 3 ALSO EXC THAT PART OF THE ABOVE DESC PARCEL CONTAINED IN THE FOL DESC REC IN DOC 2005 020741 SAID PARCEL KNOWN AS PARCEL G AND EXC PARCEL D REC 2006-28192 AND NE NW SEC 20 NW NE SEC 20 SW NE SEC 20 ALL IN T 89 R 12 EXC RDS AND EXC THAT PART OF ABOVE DESC PLATTED TO NORTHEAST INDUSTRIAL PARK PLAT NO 1 & EXC NORTHEAST INDUSTRIAL PARK PLAT NO 2 ALSO EXC THAT PART CONTAINED IN THE FOL DESC: COM AT THE SE COR OF THE NE 1/4 OF SAID SEC 20 TH S 89 DEG 36 MIN 44 SEC W ON THE S LINE OF THE NE 1/4 OF SAID SEC 20 A DIST OF 2056.71 FT TO THE PT OF BEG OF THE PARCEL HEREIN DESC:TH SE A DIST OF 164.33 FT TH S 7 DEG 45 MIN 10 SEC W A DIST OF 130.45 FT TO THE PRESENT NLY ROW LINE OF THE UNION PACIFIC RR TH SWLY ON THE PRESENT NLY ROW LINE OF THE UNION PACIFIC RR ON A 2764.93 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 153.31 FT LONG CHORD BEARING S 77 DEG 37 SEC W A DIST OF 153.33 FT (ARC LENGTH) TH N 5 DEG 14 MIN 40 SEC W A DIST OF 411.68 FT TH NW A DIST OF 257.18 FT TH S 84 DEG 51 MIN 27 SEC W A DIST OF 141.69 FT TH NWLY ON A 1373.24 FT RADIUS CURVE CONCAVE NWLY AND HAVING AN 829.47 FT LONG CHORD BEARING N 77 DEG 33 MIN 50 SEC W A DIST OF 842.62 FT (ARC LENGTH) TH N 59 DEG 59 MIN 8 SEC W A DIST OF 273.11 FT TH S 30 DEG 52 SEC W A DIST OF 15 FT TH N 59 DEG 59 MIN 8 SEC W A DIST OF 200 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT TH N 59 DEG 59 MIN 8 SEC W A DIST OF 226.97 FT TH NWLY ON AN 854.93 FT RADIUS CURVE CONCAVE SWLY AND HAVING A 162.28 FT LONG CHORD BEARING N 65 DEG 29 MIN 17 SEC W A DIST OF 162.53 FT (ARC LENGTH) TO THE W LINE OF THE SE NW OF SAID SEC 20 TH NW ON THE W LINE OF THE SE NW OF SAID SEC A DIST OF 231.15 FT TH SELY ON A 1074.93 FT RADIUS CURVE CONCAVE SWLY AND HAVING A285.68 FT LONG CHORD BEARING S 67 DEG 32 MIN 26 SEC E A DIST OF 286.53 FT (ARC LENGTH) TH S 59 DEG 59 MIN 8 SEC E A DIST OF 224.55 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 200 FT TH S 30 DEG 52 SEC W A DIST OF 5 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 273.12 FT TH SELY ON A 1143.24 FT RADIUS CURVE CONCAVE NELYAND HAVING A 690.55 FT LONG CHORD BEARING S 77 DEG 33 MIN 50 SEC E A DIST OF 701.50 FT (ARC LENGTH) TH N 84 DEG 51 MIN 27 SEC E A DIST OF 188.15 FT TH NW A DIST OF 75.01 FT TH N 12 DEG 7 MIN 5 SEC E A DIST OF 132.29 FT TO THE PRESENT WLY ROW LINE OF NE DR AS PLATTED IN NE INDUSTRIAL PARK PLAT NO 1 TH SE ON THE PRESENT WLY Page 120 of 251 ROW LINE OF NORTHEAST DR A DIST OF 575.38 FT TO THE WLY EXT OF THE S LINE OF LOT 9 NE INDUSTRIAL PARK PLAT NO 1 TH N 88 DEG 50 MIN 11 SEC E ON THE S LINE OF SAID LOT 9 AND ITS EXT A DIST OF 80 FT TO THE SW COR OF SAID LOT 9 TH CONT N 88 DEG 50 MIN 11 SEC E ON THE S LINE OF SAID LOT 9 A DIST OF 59.88 FT TH SE A DIST OF 204.25 FT TO THE PT OF BEG EXC THAT PART PLATTED AS NORTHEAST INDUSTRIAL PARK PLAT NO 3 ALSO EXC THAT 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II11h111111 ['��11pJ Property in Question Approximately 10 Acres PP Y MIV111 k611111d1111111111 �u11d11,g1111 111Y1�1N 1w1111111 1111i^Ilkillll'y'�ii�Illlliiil�IIIIIIIiilii111NV 111u11116iju 111111wV� 11u111111VV irk. lI 1111111 p1p111 H 1111 11111111111111111111100000011111, 1111 N1 luuuuluuuuuuulNNlNu1� III 11 1 JI ium um iilro uuuum V ��yVllllllilllllil11111 11muu 11111�1yu\11our uumul uuuuiiiiu00:11m �uuiml 11111111111111111uuuIhUIIIVIIINN 1 I) j ,r%, 111uuuuuVuuuuuumI IIIIVIIu1u l jill� f�l t ii 111111111111111111111111111,11111111111111111111111 / 1111111muuuuuuuuu111111111111 1111m ICI ll1 m1i 1' 11 1111 � r r� IIIIVI i �II IIII /� r � liiiiiiiiiiiiiiiiii''III /� VIIIII,,yhIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII dlVuuu 1'11 I//m�////// 11 � I,p ry1Ip111um11111111111111111111111111V1111111 1 1 1 11 J �yl�V�,✓a/%�1mo11u11uuuNuuo011h1'om1Ni iilMulail�ili^iiiilulVV11 IVllllll6 ',,11Iu1J(i' Ilum Y'1'„ Mul " oo11pi11I11Y1 1ti1„d1 fuy, „fl,,e,W'�° vY JI NrrruVo 1rrollrIc11111„1111u1uuu111 i NaUjjl�liull �IIIIIVM'I 1iU1j1°1 111.. 1 111'°1Im IV'II��iImiHipMlmW" uml10u1uu�lul u1Y1 l 1l;1UU'1n 'I11 I1pI 11 u1puu1,191I1IIuII II 1' ud11111PoIIIII';il1��1IINIIII11�ll1I1111111111111I111,101111.10.1 ' 111111 11'111" 1111ry111i111IIIIIIII01 1111111 11 �N1 �IIIIIIIIIUIo1iW 1,1 Note Base map data source is Black Hawk County Thus map does not represent a survey no hablaty Is assumed for the accuracy of the data delineated heron eltherr expressed or Implied by Black Hawk County the Black Hawk County Assessor or the. employees The City of Waterloo makes no warranty express or 1mplled as to the accuracy of the WamtaI tyf000w„ on thls map and expressly disclaims I1ab111ty for the accuracy thereof users should refer to otdaal plats surveys recorded deeds etc located at the Black Hawk County Assessors Office for complete and accurate Intonnanon City of Waterloo, Iowa `O W+E ru�� =,.W i1 r VIMS Consultants, Inc. Experts in Planning and Developrnent Since 1975 October 73,J019 City ofWaterloo Planning and Zoning Department Attn: Tim Ander8 715 Mulberry Street Waterloo, Iowa 5O7O3 Re: Wetland Delineation and Final Platting Services ortheast Site East of Northeast Drive and South of Martin Luther King Drive Dear Tim, 1917 S.Gilbert Street Iowa City Iowa 522,10 319.351.8282 mmscomsuknnts.riet K4M5 Consultants, Inc. is pleased to present the following proposal for wetland delineation and final platting services for the Northeast Site in Waterloo, Iowa. The proposed area to be included within the platting is approximately 10 acres of City -owned property south of Martin Luther King Jr. Drive and east of Northeast Drive in Waterloo, Iowa. WETLAND DELINEATION A. Delineation mfWetland Boundaries The wetland delineation will be conducted according toThe Army Corps of Engineers 1987 Wetland Delineation Manual and its Regional Supplement for the Midwest Region. The delineation will include: 1. Site evaluation and preliminary research, � 2. Field delineation, 3. Completion ofU.S.Army Corps ofEngineers Wetland Data Forms, and 4. GPSlocation ofwetland boundaries onthe project site. B. Final Wetland Delineation Report The final wetland delineation n2pOri will include an outline of the surveyed wetland boundary and a full wetland delineation report for submission to the Army Corps of Engineers. Page 123 of 251 VIMS Consultants, Inc. Experts in Planning and Development Since 1975 FINAL PLATTING A. Obtain Existing Site Information 1917 S.Gilbert Street Iowa City Iowa 522,10 319.351.8282 mmscomsuknnt s.riet TO begin the process of platting for the Northeast Site the following tasks will be completed byK4K45Consultants staff: x ~ A boundary survey will be obtained of the area to be included in the proposed plat uu ~ Research existing boundary records for the site and adjacent properties, including road ROW records B. Develop Final Plat Documents Using the information collected under Item A, a final plat will be developed for the area. it is anticipated that the final plat will include 7 |OtS with the COrnrnOn line to be placed as directed by the CLIENT. This document will be submitted to City staff for review and COrnrnenL The final submittal for vvOrh included in this agreement will be Signed and approved final plat documents for the area. ITEMS NOT INCLUDED IN THIS PROPOSAL The proposed work included in this agreement does not include topographic survey or utility locates, development of preliminary plat, development of construction documents for improvements within the platted areas. K4MSCOn3U|t8nt3, Inc. will provide additional services related tothis work asrequested bythe City. COMPENSATION K4K45 Consultants, Inc. agrees to provide all labor, equipment, and materials necessary to complete the scope of work outlined above based on time -and -materials used to complete the work. The estimated fees tocomplete this work are asfollows: WETLAND DELINEATION FINAL PLATTING These fees are considered amaximum noi-toexceedcost. Statements will be submitted monthly for services performed and are due upon receipt. Page 124 of 251 VIMS Consultants, Inc. Experts in Planning and Development Since 1975 We appreciate the opportunity to offer this proposal to the City of Waterloo. Sincerely, . Scott B. Pottorf[ P.E. Partner MMS Consultants, Inc. 1917 S.Gilbert Street Iowa City Iowa 522,10 319.351.8282 mmscomsuknnts.riet The City ofWaterloo, Iowa approves this Professional Services Agreement with K4MS Consultants, Inc. asofthe date indicated below: CITY OF WATERLOO, IOWA Quentin M. Hart, Mayor Date Page 125 of 251 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, originally executed April 8, 2019, in an amount not to exceed $3,500, in conjunction with the FY 2020 Newell Street Rise Project, Contract No. 991, and authorizing the Mayor to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/30/2019 REVIEWERS: Department gnneeu nnng ATTACHMENTS: Description D OW 991 M SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Legal Descriptions: Reviewer .K .n:iusou, Jamie Eve , � SA.° u:npp Agreemerit #p Action A pp roved A pp moved Type Cove Mer no Date 10/30/2019... 10:5 A.M. 10/30/2019 ... 4:3.9 P 1\J Resolution approving Supplemental Agreement No. 1 to the Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, originally executed April 8, 2019, in an amount not to exceed $3,500, in conjunction with the FY 2020 Newell Street Rise Project, Contract No. 991, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer $3,500.00 TIFF North of MLK, Jr. Drive and west of Northeast Drive Page 126 of 251 E 2 s c LIJ ro 0 MMS Consultants, Inc. Experts in Planning and Development Since 1975 October 24, 2019 Jamie Knutson City Engineer City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 1917 S, Gilbert Street Iowa City, Iowa 52240 319.351.8282 mrnsconsultants.net mmrnmsconsultants.net Re: Professional Services Agreement — Supplemental Agreement #1— Wetland Delineation Design of Improvements to Newell Street - North of Martin Luther King Jr. Drive and west of Northeast Drive Dear Jamie, MMS Consultants is pleased to present the following proposal for additional services for improvements to Newell Street north of Martin Luther King, Jr. Drive and west of Northeast Drive in Waterloo. Additional services include performing wetland delineation for the project to determine any potential impacts. Following is a summary of tasks that are anticipated during additional services necessary for this project: 1. Delineation of Wetland Boundaries The wetland delineation will be conducted according to The Army Corps of Engineers 1987 Wetland Delineation Manual and its Regional Supplement for the Midwest Region. The delineation will include: 1. Site evaluation and preliminary research, 2. Field delineation, 3. Completion of U.S. Army Corps of Engineers Wetland Data Forms, and 4. GPS location of wetland boundaries on the project site. 2. Final Wetland Delineation Report The final wetland delineation report will include an outline of the surveyed wetland boundary and a full wetland delineation report for submission to the Army Corps of Engineers. Page __127__of_251 MMS Consultants, Inc. Experts in Planning and Development Since 1975 A. Items Not Included in This Proposal 1917 S, Gilbert Street. Iowa City, Iowa 52240 319.351.8282 mmsconsultants.net mmrnmsconsultants.net The proposed work included in this agreement does not include wetland mitigation plans. It is anticipated that the project will avoid any impacts. MMS Consultants, Inc. will provide these additional services under separate contract(s) as requested by the City if impacts are required. B. Compensation 2 MMS Consultants, Inc. agrees to provide all labor, equipment, and materials necessary for the scope LIJ of services as defined above based on time -and -materials used to complete the work. The estimated fee to complete this work is $3,500. This fee is considered a maximum not -to -exceed cost. ro 0 Statements will be submitted monthly for services performed and are due upon receipt. Service charges of 1.5% per month will be assessed upon unpaid balance aged over 30 days. We appreciate the opportunity to offer this proposal to the City of Waterloo for wetland delineation for the improvement of Newell Street north of Martin Luther King Jr. Drive and west of Northeast Drive in Waterloo. If you should have any questions regarding this agreement for services, please contact us at your earliest convenience at 319-351-8282. Sincerely, Scott Pottorff, P.E. Partner MMS Consultants, Inc. The City of Waterloo, Iowa approves this Professional Services Agreement with MMS Consultants, Inc. as of the date indicated below: CITY OF WATERLOO, IOWA Quentin M. Hart, Mayor Date Page __128_of_251 CITY OF WATERLOO Council Communication Resolution approving a Lease Agreement with C & S Car Company, for a 2020 Hyundai Sante Fe, VIN#5NMS33AD8LH15443, to be used by the School Resource Unit for a six (6) month period at no cost to the City, and authorizingthe Mayor to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/29/2019 REVIEWERS: Department Reviewer iacllice Department Dave Officeven, p..eAn:n ATTACHMENTS: Description D (/ / S Car .Elk?;ll: SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: men:m Action Approved A pp:Dro ved Type i...'iDve➢:' IV.I. erno Date 10/29/2,019 ... p 1:45 .AM 10/29/20T9 ... 12:34 PM_ Resolution approving a Lease Agreement with C & S Car Company, for a 2020 Hyundai Sante Fe, VIN#5NMS33AD8LH15443, to be used by the School Resource Unit for a six (6) month period at no cost to the City, and authorizingthe Mayor to execute said document. Submitted By: Dave Mohlis, Police Captain Request that the City Council pass a resolution authorizing Mayor Hart to sign the lease agreement with C & S Car Company for a 2020 Hyundai Sante Fe vehicle to be used by the School Resource Officers for a 6 month period at no cost to the city. This is a 6 month lease to supply a vehicle to the School Resource Unit of the Waterloo Police Depaitcuent. C & S Car Company has donated the use of a new vehicle for many years to the Police Department to be used the School Resource Unit. None None N/A N/A N/A N/A Page 129 of 251 AUTOMOBILE LEASE AGREEMENT This Agreement is made and entered into this 8th day of November 2019, by and between C & S Car Company Hyundai Mazda Subaru, with its principal place of business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715 Mulberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of selling motor vehicles; and WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Department, a white 2020 Hyundai Sante Fe, VIN # 5NMS33AD8LH154043 ; and WHEREAS, City is in need of a vehicle for the purposes of its Life Skills Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehicle described above from November 8, 2019, to May 8, 2020, unless the Lessor shall extend this Lease Agreement. 2. VEHICLE USE. (a) The Lessee shall not use or permit any leased vehicle to be used for any illegal purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flammable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the illegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor, the Lessee shall not leave the State of Iowa with the leased vehicle. (c) The Lessee shall not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufficiently inflated tires. -1- Page 130 of 251 (d) The Lessor shall not be responsible for loss or damage to any goods or other property placed or carried in any leased vehicle arising from any cause whatsoever. (e) The Lessee shall not accrue more than 4,000 miles on the vehicle in any six (6) month period. 3. OPERATION. (a) The leased vehicle shall be operated by a safe, competent, and duly licensed driver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate the complaint, and if warranted, remove the driver and replace him or her with a competent substitute. (b) The Lessee and its drivers shall be solely responsible for individual fines and penalties for parking or traffic violations. If the Lessor is required to pay any fine or summons, it may bill the Lessee for them. 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the leased vehicle in good and operating condition. If the necessary repairs exceed the amount of $100.00 in any one given month, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. 5. LIABILITY. The Lessee shall be liable for all damages caused by collision, upset, or overturn of the leased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. 6. INSURANCE. (a) The Lessee, at its own expense shall insure the leased vehicle against all loss and carry liability insurance in limits of not less that $1,000,000 for any one person injured or killed, not less than $1,000,000 for more than one person in any one accident and not less than $100,000 for damage to property of others in any one accident. (b) The Lessee shall comply with all the terms and conditions of the insurance policies covering the leased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a leased vehicle, a written report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the leased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other damages may be provided by the Lessee through its own self - insured program. -2- Page 131 of 251 7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall: (a) Notify the Lessor immediately as to any damage caused to the leased vehicle; (b) Periodically wash the leased vehicle, and keep it clean, both inside and out; (c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants for its operation; (d) Check the leased vehicle for antifreeze and oil and add, if necessary; the Lessee will be solely responsible for damages caused by lack of oil, lubricants, or antifreeze; (e) Check the tires of the vehicle for proper inflation; the Lessee will be solely responsible for tire damage due to improper inflation; (f) Carry sufficient Workers' Compensation or other work -related injury/disability insurance coverage for the Lessee's drivers and other employees operating the leased vehicle. 8. LICENSE AND REGISTRATION. The leased vehicle shall bear a license plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in licensing and registering the leased vehicle shall be borne by the Lessee. Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title, lease agreement, application for registration, and state plates to the Iowa Department of Transportation. 9. OWNERSHIP. This is a lease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the leased vehicle, except that which is consistent with the provisions of this Lease Agreement. 10. RETURN. Upon the termination of this lease, the leased vehicle, at the expense of the Lessee shall be returned to the Lessor's place of business in good condition, reasonable wear and tear excepted. Lessee will be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at all times to inspect and examine the leased vehicles and permit the Lessor at any time to replace any such vehicle with one of like make and body. 12. EXTENSION OF THE LEASE TERM. On March 8, 2019, the Lessor may opt to extend the lease by an express written amendment to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the -3- Page 132 of 251 purpose which it is used. The Lessor agrees that the City may affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this lease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or sublet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any liability for any acts or omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless from any and all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting from the use and/or operation of the leased vehicle by the Lessee, including any expenses and attorney's fees which the Lessor may incur in defending any such claims, except such claims or portions thereof as are covered by applicable insurance as otherwise herein provided. 16. BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. The Lessee may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the leased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the leased vehicles, or abandon or conceal the leased vehicles. 17. ENTIRE AGREEMENT. This lease represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. This lease shall not be modified or amended except by an agreement in writing signed by the parties. 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered mail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Major Joe Leibold, Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, telephone number (319) 291-4340. For the Lessor, George Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321. -4- Page 133 of 251 19. GOVERNING LAW. This lease shall in all respects be governed by and construed in accordance with the laws of the State of Iowa. 20. HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret or construe its provisions. 21. COUNTERPARTS. This lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. DATED this day of November 2020. CITY OF WATERLOO, IOWA The Lessee By: Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of November, 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the corporate sale of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of November, 2019, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa -5- Page 134 of 251 C & S CAR COMPANY HYUNDAI MAZDA SUBARU The Lessor By: STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of November, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa -6- Page 135 of 251 CITY OF WATERLOO Council Communication Resolution approving the revised Fee Schedule for Garbage, Yard Waste and Recycling Services. City Council Meeting: 11/4/2019 Prepared: 10/30/2019 REVIEWERS: Department Reviewer Action Date .111ublic Works l)Lpar1tmR fly Approved 10/.0/2,O19 ... 4:42 P SUBJECT: Resolution approving the revised Fee Schedule for Garbage, Yard Waste and Recycling Services. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: Policy Issue: The revised fee schedule coincides with the privatization of recycling collection - voluntary curbside collection of recycling and/or yard waste and required satellite sites for recycling and yard waste and the basic service of garbage collection and container sizes. Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operations and activities. Page 136 of 251 CITY OF WATERLOO Council Communication Resolution approving a request by Fehr Graham Engineering on behalf of North Crossing, LLC to approve the Final Plat of North Crossing Second Addition, a 3-lot subdivision located near the northeast corner of Logan Avenue and East Donald Street. City Council Meeting: 11/4/2019 Prepared: 10/31/2019 REVIEWERS: Department Planning 8 Z,eunin t. pu;rk Office, ATTACHMENTS: Description D S tan' R.e'port D Aeriap D i ir.ial P p tt 1�e e up np' I)edicatr uru h' Survey R.eponmt SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aria p..e nn. Action A pip ro ved Approved. Type p:.3ackui uu uJl uu. Date 9:48 10/.31/2.019 ... p 1:57 AM. Resolution approving a request by Fehr Graham Engineering on behalf of North Crossing, LLC to approve the Final Plat of North Crossing Second Addition, a 3-lot subdivision located near the northeast corner of Logan Avenue and East Donald Street. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by Fehr Graham Engineering on behalf of North Crossing, LLC for Final Plat of North Crossing Second Addition, a 3-lot subdivision located near the northeast comer of Logan Avenue and East Donald Street. Please find attached to this council letter the following items: • Staff report • Aerial photograph • Final Plat • Deed of Dedication • C ertific ate of Survey • Report of City Engineer Page 137 of 251 Summary Statement: The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is currently seeing an increase in new commercial development with recent approval of rezone and plat requests. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Logan Avenue, Highway 63 and East Donald Streets. Logan Avenue is classified as a Principal Arterial while East Donald Street is classified as Minor Arterial. The submitted plat is a replat of Lot 1 of North Crossing Addition, splitting that large lot into two new lots at the south end along East Donald Street, and the remainder of Lot 1 of North Crossing Addition will become Lot 1 of North Crossing Second Addition. Lot 1 is 16.22 acres, while Lot 2 is 1.05 acres, and Lot 3 is 0.70 acres. It appears all proper setback lines would be able to be met. Access to all three lots will be from existing access points. There is a Tract A from the original North Crossing Addition to the east that will serve as a water detention basin for the subdivision. At the October 1, 2019 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the Final Plat. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. NORTH CROSSING SECOND ADDITION A SUBDIVISION OF LOT 1 OF NORTH CROSSING ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF LOGAN PLAZA FIRST ADDITION; THENCE NORTH 89°09'42" EAST (RECORD BEARING ACCORDING TO THE PLAT OF SAID NORTH CROSSING ADDITION IN DOCUMENT NUMBER 2018 00014929, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER) ON THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 227.16 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 00°49'20" WEST ON THE EAST LINE OF SAID LOT 3, A DISTANCE OF 209.30 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 89°38'13" WEST ON THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 197.20 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN LAND DEED BOOK 547, PAGE 447, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 00°49'51" WEST ON THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 547, PAGE 447, A DISTANCE OF 15.76 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 547, PAGE 447; THENCE SOUTH 89°35'20" WEST ON THE Page 138 of 251 Legal Descriptions: NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 547, PAGE 447, A DISTANCE OF 4.90 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN LAND DEED BOOK 548, PAGE 279, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 00°49'51" WEST ON THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 548, PAGE 279, A DISTANCE OF 120.14 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 548, PAGE 279; THENCE NORTH 89°38'11" EAST, 797.69 FEET; THENCE SOUTH 00°34'O1" EAST 539.95 FEET TO THE NORTH LINE OF TRACT A OF SAID NORTH CROSSING ADDITION; THENCE NORTH 89°55' 10" WEST 245.02 FEET ALONG SAID NORTH LINE OF TRACT A TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 00°34'O1" EAST 370.02 FEET ALONG THE WEST LINE OF SAID TRACT A TO THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING SOUTH 00°34'01" EAST ON THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2008 010568, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, A DISTANCE OF 308.21 FEET TO A WEST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2008 010568; THENCE SOUTH 89°28'39" EAST ON A SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2008 010568, A DISTANCE OF 24.89 FEET TO THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN DOCUMENT NUMBER 2005 015685, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 00°48'42" EAST ON THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2005 015685, A DISTANCE OF 149.68 FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2005 015685, WHICH IS ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET; THENCE SOUTH 89°56'23" WEST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET, 75.03 FEET; THENCE SOUTH 00°03'25" EAST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET, 50.00 FEET; THENCE NORTH 89°55'10" WEST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET, 247.83 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID NORTH CROSSING ADDITION; THENCE NORTH 00°30'52" WEST 386.59 FEET ALONG THE WEST LINE OF SAID LOT 2 TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89°10'09" WEST 311.64 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 00°49'51" WEST ON THE WEST LINE OF THAT PART OF THE VACATED FRONTAGE ROAD DESCRIBED IN DOCUMENT NUMBER 2018 00008600 THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY Page 139 of 251 RECORDER, A DISTANCE OF 504.01 FEET TO THE NORTHWEST CORNER OF THAT PART OF THE VACATED FRONTAGE ROAD DESCRIBED IN SAID DOCUMENT NUMBER 2018 00008600; THENCE NORTH 89°10'13" EAST ON THE NORTH LINE OF THAT PART OF THE VACATED FRONTAGE ROAD DESCRIBED IN SAID DOCUMENT NUMBER 2018 00008600 AND THE SOUTH LINE OF LOT 2 OF LOGAN PLAZA FIRST ADDITION, A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 00°50'21" WEST ON THE EAST LINE OF SAID LOT 2, A DISTANCE OF 148.63 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89°09'42" WEST ON THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 163.98 FEET TO THE NORTHWEST CORNER OF SAID LOT 2 AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 63; THENCE NORTH 00°49'51" WEST ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING. CONTAINING 17.97 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Page 140 of 251 October 1, 2019 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: DEVELOPMENT HISTORY: Request by North Crossing, LLC for final plat of North Crossing Second Addition, a 3-lot subdivision located near the northeast corner of Logan Avenue and East Donald Street. North Crossing, LLC, 808 Dearborn Avenue, Waterloo Iowa 50703 The applicant is requesting to re -plat Lot 1 of North Crossing Addition into a 3-lot commercial subdivision located near the northeast corner of Logan Avenue and East Donald Street. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The area is currently seeing an increase in new commercial development with recent approval of rezone and plat requests, and development of medical buildings and a gas station. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Logan Avenue (Highway 63) and East Donald Street. Logan Avenue is classified as a Principal Arterial while East Donald Street is classified as Minor Arterial. The West Donald Street Recreational Trail adjoins the site to the south and travels west from the corner of Highway 63 and Donald Street connecting into the trail network at George Wyth State Park. The area in question is zoned "C-2" and "C-P" Planned Commercial District. The "C-2" areas have been zoned as such since the adoption of the zoning ordinance in 1969, and the "C-P" areas were rezoned from "C-2" and "R-2" to "C-P" in 2007. Surrounding zoning classifications & uses are as follows: North- "C-2 Commercial District -Car Wash and Mc Donald's East- "R-4" Multiple Residence District- Logan Plaza Site -Day Care- and medical office South- "C-P" Planned Commercial District-Walgreens and "R-2" One and Two Family Residence District- single family homes West- "C-2" Commercial District- Kwik Star, Allen Hospital Parking - three homes and a bar In the past few years, a new Hy-Vee Grocery store has been constructed to the northwest of the site on Highway 63, Walgreen's has completed their store at the southeast corner of Donald Street and Highway 63, and Allen Hospital has completed their $47 million expansion to the southwest. Allen has also constructed several medial buildings on the original North Crossing Addition area adjacent to the area in question, and a Kwik Star convenience store was built at the northeast corner of Donald Street and Highway 63. Also, the City of Waterloo has completed two stages 10_01_19 North Crossing Second Addition Final Plat.docx Pg0 14f13 of 251 October 1, 2019 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: of reconstruction of Highway 63 from Donald Street to West Parker Street, and is in the construction stage of the last phase from Franklin Street to Jefferson Street, as well as the railroad overpass. No buffers would be required as a part of this platting request. However, as the area develops for commercial uses, it may be necessary to screen new uses as growth continues northward towards existing residences. When new development occurs, it will be required that a proper landscaping plan is submitted for each new commercial development. There are known drainage issues associated with the site. A grading plan was submitted and approved as part of the preliminary plat of North Crossing Addition. This site is not located within any floodplain, as indicated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 19013C0189F. George Washington Carver Academy is located approximately a '/z mile to the south. Gates Park Golf Course is approximately 4 blocks to the east. The area is served by all utilities. No changes are anticipated for the proposed plat. The Future Land Use Map designates the area as Commercial, 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 area of the plat is zoned "C-2" Commercial District and "C-P" Planned Commercial District, which is intended to provide for areas of the community which are developed or will be soon as moderate intensity commercial area. These areas are often associated with major traffic arteries and highways, which this site is located along Logan Avenue and East Donald Street. The zoning would allow for the development of commercial uses, professional office uses and residential. The submitted plat shows the existing Lot 1 of North Crossing Addition being replated into three lots. There would be two smaller lots at the south end, including Lot 2, a 0.98 acre lot along East Donald Street, and Lot 3, a 0.79 acres lot just to the north. The remaining area would be platted as Lot 1, a 16.22 acre lot. It would appear all proper setbacks would be able to be met. Access to Lot 3 would be from an access easement from East Donald Street across a portion of Lot 1. Existing Tract A of North Crossing Addition will serve as a water detention basin. 10_01_19 North Crossing Second Addition Final Plat.docx PgDge.i42 of 251 October 1, 2019 STAFF Therefore, staff recommends that the request for the final plat of RECOMMENDATION: North Crossing Second Addition be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area with proper traffic control measures in place. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Commercial. 4. The request appears to meet the intent of the Subdivision Ordinance. 10_01_19 North Crossing Second Addition Final Plat.docx pgDgel4fS of 251 City of Waterloo Planning, Programming and Zoning Commission October 1, 2019 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111 1111111111111111111 °Im Nlu llul A V,WwVIo4lIud1,,„„„�� u"Vdh' IIIIIIII 111111111111,1 uiiIIIIWi111111 I IUIi 1�0 111 1 1i111110o�I�I4111II qJ1 �,,1'JII111u�I1°i1 i„w.n.. Iw' IIII IIIpI ��m� IIIIW ��I°I��I��1 II 1119 11111ii111111'I 1� (IIII II E DONALD ST IIilllipl1� �,"'1d111 N0��1I1� 1111II l ". l"uiiiiiiiMNHH /y1 W�! /! �r� �� 1010 114, rir I IIIIIII IIIII I111111 iullllllllllllillllill l ""' IIIIIIIIIIIIII ! 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Stroh Page 144 of 251 won FINAL PLAT NORTH CROSSING SECOND ADDITION A SUBDIVISION OF LOT 1 OF NORTH CROSSING ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA N 89'38'11" 797.69' 2 P.O.E. LOGAN AVENUE US HIGHWAY 63 237.95' 5 89'35'20" W 4.90'(R) FOUND 5/8' REBAR N 00'49'51" W 15.76'1,1 _ =S 89'38'13" W — 197.20' N F� N 89'0942" E — 227.16' (R 5 89'09'42" W — 163.98'(R a00 a FIRS ADDIFION N 89'10'13" E - 200.00' EXISTING UTILITY EASEMENT PER LOGAN PLAZA FIRST ADDITION EXISTING UTILITY EASEMENT PER DOCUMENT 201E-9600 g- rrere 559.7 EXISTING ELECTRIC AND GAS UNE EASEMENT PER MISC. BOOK 110, PALE 341 STORM WATER ORNNAGE AND DETENTION EASEMENT PER BOOK 14, PAGE 238 FOUND 1/2' REBAR WITH YELLOW PLASTIC CAP 14775 ON UNE. 5.19' SOUTH OF CORNER FOUND 1/2' REBAR WRH YELLOW PLASTIC CAP 14,5 EXISTING INGRESS/EGRESS AND UTILITY EASEMENT ACROSS FORMER TRACT A OF LOGAN PLAZA FIRST ADDITION EXISTING SANITARY SEWER EASEMENT PER DOCUMENT 2008-17721 O VI= ACRES 70473S SF EX SANITARY SEWER EASEMENT PER FINAL PLAT, NORM CROSSING ADDITION \ \ PROPOSED STORM SEWER EASEMENT \ I J III USEMENT 'A' L- � 5 89'10'09" W — 317.64'0) OT NDRTH R0551 N W t,JIA II 5 50 0 50 FEET GRAPHIC a' IF IN FEET NAD83 IA NORTH ZONE - GRID p01 EASEMENT 'A' EXISTING CROSS ACCESS EASEMENT PER DOCUMENT 2018-17969 B9'29108' E —140.65' L= 70.94' R - 50.00' CB = S 4517109. E CL = 13B7.31' LOT 33 0ACRES iofl4 SF STORM SEWER EASEMENT PER DOCUMENT 2018-17970 N 59'28'08' E 189.76' LOT 2 u 7n s LOCATION MAP SWI 42_80_t3 N b R N 89'55'10' W — 245.02'(1,] NOSH CRPS%I 0011-IO11 F0. 1/2' REBAR WRH YPC B505 2.67' EAST AND 0.09' SOUTH OF CORNER 6, ■ EASEMENT 'A' EXISTING SANITARY SEWER EASEMENT PER FINAL PLAT, NORTH CROSSING ADDITION S 89'28'39" E 24.89')0) �S 89'56'23" W 75 03' (R) Cn AVE AG sun 19 , C6vW RAMS, M 60101 P.141.184.01309 S 00'03'25" E uNPIF 5W1/4 SW1/42 g9-13 SEC NOTES 1. RIGH -OF-WAYS OF LOGAN AVENUE AND E DONAID STREET VARY. 2. RECORD BEARINGS REFERENCE FINAL PLAT NORTH CROSSING ADDITION RECORDED JANUARY 9, 2018 BY MICHAEL R. EAGLE EASEMENTS EASEMENT 'A' FOR INGRESS/EGRESS, STORM SEWER. SANITARY SEWER. AND WATER LINE. LEGEND • FOUND 1/2'0 REBAR RPC 12088 • FOUND 1/2'0 REBAR YPC 6505 * FOUND MONUMENT 79 DESCRIBED X FOUND CUT 'X' IN CONCRETE o SET 1/2"0 REBAR W/ RPC 1E1859 SURVEY BOUNDARY EXISTING RIGHT-OF-WAY EXISTING PROPERTY LINE PROPOSED PROPERTY UNE EXISTING EASEMENT -PROPOSED EASEMENT PREVIOUSLY RECORDED AS FEHRGRAM I DAIS /L ENGINEERINGS ENVIRMIIENTAL WISCONSIN E. DONALD 60.00' 187.63' • 50.00' (re) 89'55'10'W 247.83'(R) STREET NORTH CROSSING, LLC PINS TO BE SET wTHR 1 WAR NC Dm.CN.1 8545890 01M/CC: NPR JCB NUMBER: l 19-581 r SHEET NUMBER:) l 1 m 1 FEHR Page 145 of 251 OWNER'S STATEMENT AND DEED OF DEDICATION FOR NORTH CROSSING SECOND ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. KNOW ALL MEN BY THESE PRESENTS: That North Crossing, LLC, hereinafter "Developer", being desirous of setting and platting into lots the land described in the attached Plat of Survey by , Licensed Land Surveyor, dated the day of , 2019, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as NORTH CROSSING SECOND ADDITION in the City of Waterloo, Black Hawk County, Iowa, hereinafter "Development", all of which is with the free consent and desire of Developer, and Developer does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. I. EASEMENTS. Developer does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat II. COVENANTS, CONDITIONS, AND RESTRICTIONS. Developer does also covenant and agree for itself, its successors and assigns, that each and all of Lots in Development shall be and the same are hereby made subject to the following Covenants, Conditions, and Restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Developer, or its successors in interest, may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated, to wit: A. PURPOSE. The overall goal of the Covenants, Conditions, and Restrictions for Development is to produce a high quality and aesthetically pleasing center ("Center"). The Covenants, Conditions, and Restrictions should help to preserve and enhance an environment in 1 Page 146 of 251 the completed Center that is pleasing to occupants, visitors, and neighbors. B. DEFINITIONS. For the purpose of this instrument, the following terms shall have the following definitions: 1. Development - shall mean and refer to the real property described above. 2. Developer - shall mean North Crossing, LLC, and its successors and assigns. 3. Lot - shall mean and refer to any individual parcel of land located within Development which is platted as a separate parcel to be sold or developed. 4. Owner - shall mean and refer to the record owner, whether one or more persons or entities, of the legal or equitable title to any Lot. In the event an Owner of any Lot consists of more than one person or entity, such persons shall within thirty (30) days after the date of their acquisition of said Lot, execute and deliver to Developer a written instrument, including a power of attorney appointing and authorizing one individual or entity as their agent to receive all notices and demands required to be given pursuant to the terms and provisions of these Covenants, Conditions, and Restrictions, execute any and all documents, consents, and instruments required under the terms and provisions of these Covenants, Conditions, and Restrictions and to cast all votes and to take any and all action required or permitted to be taken by them under the terms and provisions of these Covenants, Conditions, and Restrictions. Owner may change its designated agent by written notice to Developer, but such change shall be effective only after actual receipt of the notice to Developer. C. PERMITTED AND PROHIBITED USES. 1. PERMITTED USES. Lots within Development may be used only for office and retail services, as approved by Developer and not in conflict with any exclusive rights granted to other Owners or tenants within Development. Further, upon written approval of Developer, Lots within Development may be used for other commercial uses compatible with and ancillary to the aforementioned uses (including, but not limited to, financial institutions, hotels, and restaurants, etc.). 2. PROHIBITED USES. a. Any use which is offensive by reason of odor, fumes, dust, smoke, noise or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, injurious to the reputation of any Lot in Development. b. Any use which is in violation of the laws of the United States, the State of Iowa, any other governmental authority having jurisdiction over Development. 2 Page 147 of 251 c. Overnight parking of campers, semi -trucks, mobile homes, boats, or motor homes, except that such parking is permitted in covered or enclosed areas.. d. Uses not otherwise permitted in Section II(C)(1) above. e. Owner shall not sell items outside, unless approved in writing by Developer and as allowed per city ordinance. f. Convenience store, fuel station or car wash. D. GENERAL SITE STANDARDS. 1. BUILDING DESIGN. It is Developer's intent to produce an orderly and aesthetically pleasing environment that is compatible with the natural aspects of Development. The aesthetic appearance of the exterior of the buildings and other structures is of paramount concern to Developer. a. All construction shall conform to the requirements of the City of Waterloo, Black Hawk County, and the State of Iowa Building Code, current editions. b. Construction on all Lots shall be diligently pursued and be completed within twenty-four (24) months of purchase and closing from Developer. In the event construction is not completed in two (2) years, Developer may at its option repurchase the Lot at the previous sale price. No excavation shall be made except in conjunction with construction of an improvement. When such an improvement is completed, all exposed excavations shall be back -filled, graded, and returned, as nearly as possible, to its natural state or to the approved landscape plan for the site. 2. LANDSCAPING. It is the intent to provide a landscape image of continuity and diversity by providing color and textural variety. It is also the intent of these regulations to reduce adverse effects upon a Lot and adjacent and nearby property; to screen unsightly and undesirable views, and to provide for shade, protection from elements, and the comfort and convenience of Development tenants and visitors. For initial construction only, landscape plans and any irrigation plans shall be submitted to and approved by Developer. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the submittal. If Developer does not provide written comments within such timeframe, the plans shall be deemed approved by Developer. All ground cover shall be seeded or sodded and be suitable for the Black Hawk County climate. 3. SCREENING. All mechanical equipment (on the ground or roof), transformers, trash containers, or like equipment in the open shall be screened from view in a manner approved by Developer. Said screen shall be in height at least equal to that of the materials or equipment being stored but in any event shall fully shield said materials and equipment from public view and view from adjacent buildings. 4. SITE GRADING AND DRAINAGE. No water shall be drained or discharged from any Lot, except in accordance with grading plans approved by Developer. Further, 3 Page 148 of 251 no Owner shall interfere with the drainage established by the grading plan for the remainder of Development or any other property adjacent to said Lot. Stonnwater shall be collected on -site and discharged in accordance with all federal, state, and local permits. 5. SIGNAGE. For initial construction only, all signs shall be approved by Developer prior to construction. The design, format, and material of all signs shall be consistent with building architecture and Lot design. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the signage plan submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such signage plan. 6. PARKING, DRIVES, LOADING, AND OUTDOOR STORAGE. a. No Owner shall permit employee parking on any public street. b. Sufficient off-street parking should be developed at each Lot. c. All curb cuts are subject to Developer's approval and City of Waterloo requirements. 7. EXTERIOR LIGHTING. Exterior lighting shall be provided to meet the following guidelines: a. All wiring for exterior lighting, including but not limited to driveway, walkway, area, parking, and decorative lighting, shall be underground. b. All light fixtures shall be oriented such that glare directed onto adjacent properties, including streets and neighboring tenant lots, is minimized. c. Light standards shall be a neutral, color and compliment the Center. d. Each tenant shall maintain all light fixtures in proper operating condition. e. Parking and driveway lights shall be of a style and color consistent with established Center standards and harmonize with the architecture of the proposed building on the Lot. For initial construction only, all lighting shall be approved by Developer prior to construction. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the lighting design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such lighting design. 8. LOCATION OF UTILITY LINES. All utility lines shall be located underground. Whenever possible, utility lines shall be located adjacent to drives to minimize disruption of landscaping during installation and maintenance of the lines. No utility meter or apparatus shall be located on any pole attached to the outside of any building wall which is exposed to view from any public street. All transformers shall be placed on or below the surface. 9. SUBDIVISION OF LOTS. No Lot in Development shall be split, divided, or subdivided, except: a. For the purpose of providing land in addition to an entire platted Lot for 4 Page 149 of 251 use in connection with a building; or b. Upon the written consent of Developer. E. APPROVAL REQUIREMENTS. As set forth herein, for initial construction only, all plans and specifications must be submitted to Developer for approval. No building, sign, landscaping, lighting, or other exterior improvements shall be placed or erected on any Lot without prior written approval from Developer. Approvals shall be based upon, among other things, conformity and harmony of external designs with neighboring structures, effect of location and use of improvements on neighboring sites; orientation of main elevation with respect to nearby streets; and conformity of plans and specifications to the intent of these Covenants, Conditions, and Restrictions. Developer shall not arbitrarily or unreasonably withhold its action or decision on such plans and specifications. Initial improvements to any Lot shall not be commenced prior to compliance with the following two-part review process. 1. CONCEPT DESIGN REVIEW. The objective is to ensure careful site planning with regard to location and size of building, parking, open space, and access. The concept design must be approved by Developer in writing prior to final design. Concept design shall include the following: a. Site plan information such as utility locations and connections, drainage, service areas, outdoor storage, trash receptacles, and mechanical equipment. Other activity or equipment that would alter the natural site must be shown. b. Building elevations and floor plans. c. Building materials, parking, and open space. d. Landscaping, signage, and lighting. e. Construction staging. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 2. FINAL DESIGN REVIEW. Submission to include, but not limited to, the following: a. A topographical and boundary map showing contour grades (with 1' intervals), the species, location, and size (measured 12" above the ground of all existing trees greater than 6" caliper) and the location of all improvements, such as signs, structures, walks, patios, driveways, fences, and walls. Existing and finished grades shall be shown at parcel corners and for proposed improvements. Lot drainage provisions shall be included, as well as cut and fill details, if any applicable change in contours is contemplated. b. Exterior elevations, including areas to be screened. c. Exterior materials, colors, textures, and shapes. d. Landscaping plan, including proposed clearing, walkways, fences, walls, 5 Page 150 of 251 elevation changes, irrigation systems, vegetation, and ground cover. e. Parking area and driveway plan. f. Screening, including size, location, and method. g. Utility routing and connection points. h. Exterior illumination, including location, manufacturer's fixture number, and supporting photometric test data. i. Fire Protection system as required by all NFPA Codes. j. Signs, including copy, size, shape, color, typeface, location, illumination, and materials. Also, elevation and plan view drawings indicating sign and relationship to all other visual elements within 50' of the sign. k. Trash container storage locations and related screening. 1. Proposed use of parcel of land and estimated building occupant load. m. Clearing plan and tree protection plan, plus measures for environmental protection during construction, including the application for the issuance of any required stormwater discharge permits. n. Drainage runoff quantities for 10-year frequency storm. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. 3. CONSTRUCTION DOCUMENTS. A copy of all construction documents shall be filed with Developer prior to commencing construction. Five sets of all documents are to be included in each submission for review. This review is for the purpose of ensuring conformity to Developer approved final design in Section II(E)(2) only. All buildings must be designated by a registered architect and all landscape plans by a registered landscape architect. The architect(s) and registered engineer(s), shall be responsible for the safety of structural, mechanical, electrical, and other systems in the improvements. The seal of Iowa registrations of the appropriate architect, engineer, and/or landscape architect must appear on the final drawings. The architect must also submit a statement of his/her signature to the effect that the contract documents have been prepared in accordance with all other applicable codes, ordinances, and regulations related to this particular project. Developer shall provide written comments within fifteen (15) days from Developer's receipt of the site design submittal. If written comments are not provided within that timeframe, it shall be deemed that Developer has approved such site design. F. MAINTENANCE. Each Owner and occupant (including a tenant) of a Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, keeping that Lot so owned or occupied, including buildings, improvements, private drive, easements areas, and grounds in connection therewith or appurtenant thereto (specifically including parkway area between the Lot line and any adjacent street curb), in a well -maintained, clean, wholesome, and attractive condition at all times and shall comply in all respects with all applicable governmental 6 Page 151 of 251 health, fire and safety statutes, ordinances, regulations or requirements. Maintenance requirements shall include, but are not limited to, the following: 1. TRASH. All rubbish, trash, garbage, litter, refuse, and other waste shall be stored in clean and sanitary solid waste receptacles and shall be promptly removed from Lot prior to its accumulation. 2. EXTERIOR LIGHTING. All exterior lighting and mechanical facilities shall be kept in good working order. 3. PARKING AREAS. All parking areas shall be striped and all parking areas, driveways, and roads kept in good repair. 4. EXTERIOR DAMAGE. All exterior damage to any improvements shall be promptly repaired and the exterior of all improvements shall be repainted as needed. 5. LAWN AREAS. All lawn areas shall be timely mowed and edged a minimum of once a week during the growing season as needed to keep an even, well groomed appearance; shall be watered and fertilized at such times and in such quantities as required to keep the grass alive and attractive; and shall be kept free of weeds. 6. TREES, SHRUBS, PLANTS. All trees, shrubs, plants, and ground covers shall be timely and properly trinuned (including the removal of deadwood therefrom) according to their plant culture and the landscape design shall be watered and fertilized at such times and in such quantities as required to keep them alive and attractive. Any dead tree, shrub, plant, ground cover shall be removed and replaced seasonably. All bed areas shall be free of weeds and cultivated periodically as needed. G. INCENTIVE PAYMENTS. Developer shall be solely entitled to any government incentives, rebates, or other funds (collectively "Incentives") negotiated and received for Development, and Owners shall not have any claim to the same or right to reduction in payment, including any payment of real estate taxes, based upon the same. Owners shall cooperate with Developer, including but not limited to assigning any rights to Incentives to Developer. H. ENFORCEMENT. If any party shall violate or attempt to violate any of the Covenants, Conditions or Restrictions contained herein, it shall be lawful for Developer or any Owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting to violate such Covenants, Conditions or Restrictions, and to either prevent him or them from so doing or recover damages for such violations. I. WAIVER. Neither the Developer nor its successors or assigns shall be liable to any Owner or occupant of any Lot by reason of any mistake in judgment, negligence, nonfeasance, action, or inaction or for the enforcement or failure to enforce any provision of this instrument. 7 Page 152 of 251 Every Owner or occupant of any Lot by acquiring its interest therein agrees that it will not bring any action or suit against Developer to recover any such damages or seek equitable relief because of the same. J. VARIANCES. Developer may grant Owner a variance from these Covenants, Conditions, and Restrictions as long as the general purpose of the Covenants, Conditions, and Restrictions are maintained, provided that Developer may not grant a variance from the use restriction set forth in Section II(C)(1) and (2). Any variance granted from the provisions of these Covenants, Conditions, and Restrictions shall only be applicable to the specific Lot and conditions for which the variance was granted and shall in no respect constitute a change in or effect the terms or conditions set out in the standards as same apply to other Lots or conditions. K. MODIFICATION. Each of the undersigned and all persons and corporations hereafter acquiring any right, title, or interest in Development shall be taken and held to have agreed and covenanted with the undersigned, and with the respective successors and assigns of said real estate, to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the use, improvement, and occupancy of said real estate, for a period of 21 years from the date of the filing of said plat, however, that the easements contained herein, shall not be subject to change at any time, but shall be pennanent. L. MISCELLANEOUS. 1. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. 2. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as shall be reasonably necessary to carry out the terms hereof. 3. GOVERNING LAW. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument. The prevailing party in any action to enforce this instrument shall be entitled to reasonable attorney fees and costs. 4. RUNNING WITH THE LAND. All the covenants, agreements, conditions, and restrictions set forth in this Agreement are intended to be construed as covenants running with the land, binding upon, and adhere to the benefit of the heirs, assigns, and successors of the parties. 8 Page 153 of 251 5. NOTICES. Each notice, demand, or other document or instrument required or permitted to be served upon any of the parties hereto shall be in writing and shall be deemed to have been duly served when delivered personally or by recognized overnight courier service with receipt, or the third (3rd) day after being mailed by certified United States mail, postage prepaid, return receipt requested, addressed to the respective party at the address for said Owner designated on the Black Hawk County Assessors' web site, unless a party notifies the others, in writing, of a different address. IN WITNESS WHEREOF, the undersigned, being Developer herein, has hereunto set its hand as of the day and year first above written. North Crossing, LLC By: Benjamin B. Stroh Its: Manager STATE OF IOWA ) COUNTY OF BLACK HAWK )ss. This instrument was acknowledged before me on this day of 2019, by Benjamin B. Stroh, as Manager of North Crossing, LLC. Notary Public 9 Page 154 of 251 Prepared by/Return to Fehr Graham, 200 5th Avenue SE, Suite 100, Cedar Rapids, IA 52401 SURVEYOR'S CERTIFICATE NORTH CROSSING SECOND ADDITION A SUBDIVISION OF LOT 1 OF NORTH CROSSING ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF LOGAN PLAZA FIRST ADDITION; THENCE NORTH 89°09'42" EAST (RECORD BEARING ACCORDING TO THE PLAT OF SAID NORTH CROSSING ADDITION IN DOCUMENT NUMBER 2018 00014929, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER) ON THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 227.16 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 00°49'20" WEST ON THE EAST LINE OF SAID LOT 3, A DISTANCE OF 209.30 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 89°38'13" WEST ON THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 197.20 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN LAND DEED BOOK 547, PAGE 447, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 00°49'51" WEST ON THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 547, PAGE 447, A DISTANCE OF 15.76 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 547, PAGE 447; THENCE SOUTH 89°35'20" WEST ON THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 547, PAGE 447, A DISTANCE OF 4.90 FEET TO THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN LAND DEED BOOK 548, PAGE 279, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE NORTH 00°49'51" WEST ON THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 548, PAGE 279, A DISTANCE OF 120.14 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID LAND DEED BOOK 548, PAGE 279; THENCE NORTH 89°38'11" EAST, 797.69 FEET; THENCE SOUTH 00°34'01" EAST 539.95 FEET TO THE NORTH LINE OF TRACT A OF SAID NORTH CROSSING ADDITION; THENCE NORTH 89°55'10" WEST 245.02 FEET ALONG SAID NORTH LINE OF TRACT A TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 00°34'01" EAST 370.02 FEET ALONG THE WEST LINE OF SAID TRACT A TO THE SOUTHEAST CORNER THEREOF; THENCE CONTINUING SOUTH 00°34'01" EAST ON THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2008 010568, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, A DISTANCE OF 308.21 FEET TO A WEST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2008 010568; THENCE SOUTH 89'28'39" EAST ON A SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2008 010568, A DISTANCE OF 24.89 FEET TO THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN DOCUMENT NUMBER 2005 015685, THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 00°48'42" EAST ON THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2005 015685, A DISTANCE OF 149.68 FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN SAID DOCUMENT NUMBER 2005 015685, WHICH IS ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET; THENCE SOUTH 89°56'23" WEST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET, 75.03 FEET; THENCE SOUTH 00°03'25" EAST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET, 50.00 FEET; THENCE NORTH 89°55'10" WEST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET, 247.83 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID NORTH CROSSING ADDITION; THENCE PAGE 1 OF 2 Page 155 of 251 NORTH 00°30'52" WEST 386.59 FEET ALONG THE WEST LINE OF SAID LOT 2 TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89° 10'09" WEST 311.64 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 00°49'51" WEST ON THE WEST LINE OF THAT PART OF THE VACATED FRONTAGE ROAD DESCRIBED IN DOCUMENT NUMBER 2018 00008600 THAT IS RECORDED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER, A DISTANCE OF 504.01 FEET TO THE NORTHWEST CORNER OF THAT PART OF THE VACATED FRONTAGE ROAD DESCRIBED IN SAID DOCUMENT NUMBER 2018 00008600; THENCE NORTH 89° 10'13" EAST ON THE NORTH LINE OF THAT PART OF THE VACATED FRONTAGE ROAD DESCRIBED IN SAID DOCUMENT NUMBER 2018 00008600 AND THE SOUTH LINE OF LOT 2 OF LOGAN PLAZA FIRST ADDITION, A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 00°50'21" WEST ON THE EAST LINE OF SAID LOT 2, A DISTANCE OF 148.63 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89°09'42" WEST ON THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 163.98 FEET TO THE NORTHWEST CORNER OF SAID LOT 2 AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF US HIGHWAY 63; THENCE NORTH 00°49'51" WEST ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING. CONTAINING 17.97 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. hereby certify that the above legal description and subdivision plat attached hereto are in accordance with a survey made by me or under my direct personal supervision, and that I am a duly Licensed Land Surveyor in the State of Iowa. EXECUTED on this day of , 2019. Nathan P. Kass, PE, PLS License No. 18659 My license renewal date is December 31, 2019 PAGE 2 OF 2 Page 156 of 251 111111'11 '1111 rfl.'111/ 715 Mulberry St. 0 Waterloo, IA 50703 . Phone (319) 291-4312 Fax (319) 291-4262 Email; city.engineer@waterloo-ia.org JAMIE KNUTSON, PE City Engineer October 28, 2019 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT NORTH CROSSING SECOND ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis J. Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 157 of 251 Final Plat — North Crossing Second Addition Looking south from the north property line. 111,11v1r qua vvvvvvii!!'!!VIvYMiu'' v��VV'!!'rnY'i�!91�IX;Wi�4„vv, Looking southwest from the north property line with Kwik Star to the right. vvvvvr 0111111111111111111111111101 I p ��IIk�IIwM�k��1'I��I111111111111111111111111 ii!IIIIII loolo w911lmiiliil 11 a mimeo 11111111111111111111111111111111111111111111111111111111111111111,11,11111111 plpuuoi 11111111 i IIllUunul uuulul lii JII� mmwm '111111111111wm w ll ry 1I nmmsi � „a... I' n IVI.L.. mmww Pu wuw wVwwlw'IV!!umIIV Looking east from the west property line. w^r!voit Looking northwest from the southeast corner of the property. /,f Page 158 of 251 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): Benjamin B. Stroh, Manager Address: 808 Dearborn Avenue Phone: 319.232.3889 City: Waterloo State: IA Zip: 50703 b. Status of Applicant: (a) Owner X (b)I Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): North Crossing, LLC Address: SEE APPLICANT Phone: City: State: Zip: 2. PROPERTY INFORMATION: a. Name of Plat: North Crossing Second Addition b. General Location of Property: NE quadrant of Donald Street and Logan Avenue c. Area of Proposed Plat: 17.97 Acres d. Area of Proposed Plat to be dedicated/conveyed to the City: 0.0o Acre e. Value of area to be dedicated/conveyed to the City: $0.00 f. Zoning District(s): C-2 and C-P 3. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six (6) copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. c. Four (4) copies of Deed of Dedication (2 must be original signatures) d. Four (4) copies of all Petition and Waiver forms (2 must be original signatures) e. Four (4) copies of Certificate of Survey (2 must be original signatures) 4. PUBLIC IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No X b. If yes specify why and for what for? c. Costs: Estimate Actual Total Cost Requested City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ The Request Fee of $215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Owner Date Page 159 of 251 CITY OF WATERLOO Council Communication Resolution approving Amendment to the Development Agreement with Lincoln Savings Bank, originally executed on October 7, 2019, to specify the IRD funds for the rehabilitation of 75,000 square feet of professional office space in the Tech One Building, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/31/2019 REVIEWERS: Department Reviewer Action Date 1° pnnnnrn'n& Zoning Schroeder, Aric Approved 10/.3 p /2,0 p 9 - t.'llertc_ Office p^;ven l:.ehnro. Approved 10/31/2,019 . 1 ATTACHMENTS: Description Type S.A.DI<..,amend to D.A. Caves Memo SUBJECT: Submitted by: 3 AM Resolution approving Amendment to the Development Agreement with Lincoln Savings Bank, originally executed on October 7, 2019, to specify the IRD funds for the rehabilitation of 75,000 square feet of professional office space in the Tech One Building, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve the amendment As you may recall, the City approved a Development Agreement with Lincoln Savings Bank for the renovation of 75,000 sq. ft. of the Tech One building for their fintech new business venture. The Development Agreement included $3 0 million in funding ($200,000 over Summary Statement: a 15 year period) in Iowa Reinvestment District (IRD) funds for the project. Those funds were identified in the original IRD contract with the State of Iowa for the Marriot Hotel project. This amendment will establish a cap on the IRD funds to the $3.0 million maximum, as per the original IRD contract. Expenditure Required: $3.0 million Source of Funds: IRD funds per State agreement, bond/TIF funds if necessary Policy Issue: Economic Development: Strategic Plan Goal 1: creation of new livable wage jobs Strategic Plan Goal 3: increases in taxable valuation Page 160 of 251 Alternative: Background Information: Legal Descriptions: Not approve The City of Waterloo and Tech Works have worked in partnership, beginning with the land and funding donation by John Deere of the Tech Works Campus, to work to bring new innovative companies and redevelopment of the buildings and brownfield site. This project will work to increase the employees in this area, investment in this area, and bring a new company to the Waterloo community. NA Page 161 of 251 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234-5701 Name Address City Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of 43, 2019, by and between Lincoln Savings Bank ("Company") and the City of Waterloo, Iowa ("City"). RECITALS A. Company and City are parties to that certain Development Agreement dated October 7, 2019 (the "DA"), concerning the development of property (the "Property") described therein. B. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Paragraph C of Section 3 of the Agreement is hereby amended to add the following new sentence at the end thereof: "Notwithstanding the foregoing, grant payments under this paragraph shall not exceed $3,000,000.00 in total." 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 162 of 251 Page 2 CITY OF WATERLOO, IOWA LINCOLN SAVINGS BANK By: By: Quentin Hart, Mayor Erik Skovgard, Pres ent/CEO Attest: Kelley Felchle, City Clerk Page 163 of 251 CITY OF WATERLOO Council Communication Resolution approving Debt Satisfaction and Property Transfer Agreement with Cedar Valley Tech Works, Inc. and City of Waterloo for the forgiveness of $1.425 million in owed funds, in exchange for property transfer of Tech Works Campus outlots, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/31/2019 REVIEWERS: Department Reviewer Planning & Z,onin Schroeder, Ark; (. 1eitk_ Office p^;ven, p..eAn:n Action Approved Approved. ATTACHMENTS: Description Type Di° Ali oudolt tiram:4 t °it Coveir Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Date 0/311/2019 ... /0:if3 AM 0/.3 P2,0 ) t :i➢ 3 E ��. Resolution approving Debt Satisfaction and Property Transfer Agreement with Cedar Valley Tech Works, Inc. and City of Waterloo for the forgiveness of $1.425 million in owed funds, in exchange for property transfer of Tech Works Campus outlots, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve the agreement The City of Waterloo and Cedar Valley Tech Works have worked in partnership for the redevelopment of the Deere -donated Tech Works Campus - including demolition, construction of West Commercial Street, new projects (Marriot, Deer Museum, LSB fmtech operations, UNI investment, and more) and sewer service through the lift station improvements to area. This partnership involved many federal and state grants and funds to make these things happen, and this agreement will continue to bring projects to the area. This agreement will forgive the debt owed by Cedar Valley Tech Works (for the City conveying an former EDA grant to Tech Works for renovations to the Tech One building, and using City funds, through a loan to Tech Works, to build the lift station) and convey land valued at a similar amount to the City of Waterloo for future development. NA NA Economic Development: Page 164 of 251 Policy Issue: Strategic Plan Goal 1: creation of new livable wage jobs Strategic Plan Goal 3: increases in taxable valuation Alternative: Not approve Background Information: Legal Descriptions: The proposed agreement is staff recommendation of the best way of recouping the funds owed. Cedar Valley Tech Works is on a limited budget, and the City of Waterloo is very optimistic of projects to occur on the land to be acquired. It would appear in both parties interest to continue to partner in innovative ways, such as this agreement, to make great new things happen in the Tech Works Campus site, and bring new jobs, tax base, and excitement to this area of the community. The City originally received an EDA grant for the construction of the lift station, but then chose to convey that grant to Tech Works for the renovation of some of the floors in Tech One. Tech Works was going after funds for the lift station which did not pan out, and the City agreed to construct the lift station for Tech Works through a loan to be repaid. Tech Works in unable to repay the loan, so the property transfer would appear to be the equitable way to continue to work towards redevelopment of the campus. A legal description will be platted in near future. The area to be conveyed is noted by the attached property depiction in the agreement. Page 165 of 251 DEBT SATISFACTION AND PROPERTY TRANSFER AGREEMENT This Debt Satisfaction and Property Transfer Agreement (the "Agreement") is entered into as of A1 2, 7 , 2019, by and between Cedar Valley Tech Works, Inc. ("CVTW") and City of Waterfoo, Iowa ("City"). RECITALS A. Since the inception of Cedar Valley TechWorks in 2007, CVTW and City have partnered with state, federal and private sectors to transform a former heavy industrial site into a vibrant economic development engine for the City, region, and state. Project stakeholders have collectively invested significant resources in preparing this campus to provide a backdrop for economic growth of City, regional, and state sectors. As a successful community partnership, CVTW has witnessed remarkable community redevelopment progress in the vicinity of the TechWorks campus, including an outstanding new community sports/recreation facility, constructions of a secondary -education facility focused on non-traditional student populations, historic building rehabilitation into a popular destination restaurant and brewery, erection of multiple residential and multi -use developments now housing over 100 families with more currently under construction, establishment of a nationally - recognized leadership asset in additive manufacturing in the foundry industry, historic building rehabilitation culminating in a 6-story, business -class hotel and restaurant, and less -tangible but important benefits such as property tax revenue growth, TIF, additional employment, and a renewed sense of place for downtown Waterloo. B. CVTW and City are parties to a certain Cooperative Development Agreement dated August 6, 2007 (the "CDA"), pursuant to which CVTW was to pay $1,425,000 to City as financial support for a pump station project. CVTW did not fulfill this obligation due to a change in terms that accompanied federal funding, CVTW repurposed the funds, and City instead undertook the project. C. The parties desire to provide for satisfaction of the CDA payment obligation by a transfer of certain real property from CVTW to City, on the terms set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Property Conveyance. Subject to satisfaction of contingencies set forth in this Agreement, within thirty (30) days after City's written request, subject to completion of a survey as described herein and further subject to title review to show marketable title in the Property, Page 166 of 251 CVTW will convey to City, by special warranty deed (the "Deed") the real property generally identified as Lots 2, 3, 4, 6 and 7 as depicted on Exhibit A attached hereto, and the easterly portion of Lot 1 consisting of a specific area to be identified by the parties (the easterly portion of Lot 1 is referred to as "Lot 1-A", and all lots referred to in this sentence are collectively referred to as the "Property"). The specific boundary lines of the Property will be identified by the parties in consultation with a prospective tenant of CVTW (the "Tenant"), taking into consideration the parking, traffic flow, materials delivery, and other needs of current and future tenants of CVTW in the "Tech 1" building. The parties agree that those parts of the Property identified as Lots 2-4 and Lot 1-A will be surveyed, at the expense of City, for purposes of conveyance and abstracting. The parties agree that Lot 1-A is proposed as the location of a potential development project. Lot 1-A will be included in the conveyance only if the City enters into an agreement with a qualified developer for completion of the proposed project on that site. In the absence of such an agreement, then CVTW shall retain ownership of Lot 1-A, Lot 5 will instead be included in the conveyance, and the definition of "Property" will be modified accordingly to reflect this intent. 2. Title. Abstract of title to the Property will be updated at City expense and delivered to City for examination. Title to the Property shall be free and clear of all liens, claims and encumbrances arising by or through CVTW, subject to (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by City zoning ordinances and other applicable law. If title is unmarketable or subject to matters not acceptable to City, and if CVTW does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from City, City may terminate this Agreement. CVTW shall pay the costs of any additional abstracting and title work due to any act or omission of CVTW, including transfers by CVTW or its assignees. After all valid objections have been satisfied or provided for, CVTW shall have no obligation to pay for further abstracting, except any made necessary by its own affairs. The abstract shall become the property of City upon CVTW's delivery of the Deed. 3. Property Condition. City acknowledges that the Property has been inspected, and City is acquainted with the condition thereof and accepts the same in "As -Is" condition, except as set forth in Section 4 of this Agreement. 4. CVTW Representations. CVTW states that it has provided the environmental reports, agreement, order, documents and records associated with the Property listed on Exhibit B attached hereto (the "Environmental Records"). CVTW makes no representation or warranty regarding the accuracy or completeness of any Environmental Record prepared by third parties. Except as disclosed in the Environmental Records or Section 5, to CVTW's knowledge, formed without additional inquiry beyond the Environmental Records, the Property is not contaminated with, nor threatened with contamination from outside sources by, any chemical, material or substance to which exposure is prohibited, limited or regulated by any federal, state, county, local or regional authority having jurisdiction over the Property and that CVTW has not used the Property as a landfill or dumpsite, or for storage of hazardous substances, or has not otherwise done anything to contaminate the Property with hazardous wastes or substances. Except as disclosed in the Environment Records or Section 5, to CVTW's knowledge, formed without 2 Page 167 of 251 additional inquiry beyond the Environmental Records, the Property is not subject to any local, state or federal judicial or administrative action, investigation or order, as the case may be, regarding wells or underground storage tanks, solid waste disposal sites, or hazardous wastes or substances. The representations and warranties provided in this Section 4 shall survive the delivery of the Deed. In addition, concurrently with delivery of the Deed, CVTW shall transfer, convey, deliver and assign to City of all CVTW's right, title and interest in and to any and all indemnity and hold harmless agreements and other like agreements between CVTW and any third -party pertaining to any environmental matters or issues pertaining to the Property, to the full extent that such agreements are assignable by CVTW. If same is not transferred and assigned to City, City may cancel this Agreement and neither party shall have any further obligation toward each other and/or City may pursue any other rights and remedies it is afforded under this Agreement. 5. Environmental Conditions. 5.1. Pre-existing Environmental Conditions. City acknowledges that prior to the purchase of the Property by CVTW, the Property had been utilized as a heavy manufacturing facility for almost a century. Environmental conditions upon the Property are partially described in the Environmental Records, and include but are not limited to the presence of polyaromatic hydrocarbons in fill material throughout the Property, the possible presence of used oil and petroleum products, and the possible presence of abandoned underground storage tanks. 5.2. RCRA Permit. The Property is subject to a US Environmental Protection Agency ("USEPA") Permit for a Hazardous Waste Management Facility (the "RCRA Permit") and to a Declaration of Environmental Covenants (the "Covenants"). The management of existing environmental conditions on the Property may include the implementation of institutional controls and engineered barriers as reasonably necessary to protect human health, safety and welfare. City shall be responsible for the performance of all conditions of the RCRA Permit and the Covenants as they relate to the Property and shall maintain and protect the institutional controls and/or engineered barriers as required by the RCRA Permit and the Covenants. City shall maintain records of any activities relating to the movement or displacement of soil or groundwater, including but not limited to removal, replacement, fill or disposal. City shall maintain a file of all records regarding environmental matters or improvements to the Property. Such records shall be readily available for review upon request by CVTW, Deere and Company ("Deere"), USEPA and/or Iowa Department of Natural Resources ("IDNR"). CVTW shall be permitted to copy and retain copies of any such records, in its sole discretion. City shall maintain all records relating to environmental matters on the Property for a period of five (5) years after expiration or termination of any restrictive covenant and/or condition of remediation imposed by USEPA or IDNR. CVTW agrees to release City of obligations hereunder if City obtains its own RCRA Permit and both USEPA and IDNR release CVTW and Deere of all obligations relating to environmental conditions existing upon the Property. The agreements and covenants contained in this Section 5.2 shall survive the delivery of the Deed. As a condition to delivery of the Deed, City will execute and deliver to CVTW the Acknowledgement and Acceptance of Environmental Covenants attached hereto as Exhibit C. 6. Debt. Satisfaction. CVTW's unfulfilled obligation under the CDA to pay $1,425,000 is the "Debt." The Debt shall be deemed to be automatically satisfied in full upon CVTW's delivery of the Deed to City, without further recourse against CVTW. 3 Page 168 of 251 7. Future Platting and Development Actions. The parties acknowledge City's intention to plat all or some part of the Property and that it may be desirable to include land owned by CVTW in such plat. In addition, in furtherance of future property development projects in the area of mutual benefit to the parties, CVTW agrees to cooperate with requests by City to determine locations for easements, rights -of -way, or similar interests over, across or under CVTW property that the parties shall agree may be reasonably necessary for property development. In recognition that development projects can require actions and approvals to occur on a compressed schedule, the parties agree that time shall be of the essence and the each will cooperate promptly and in good faith with the reasonable requests of the other for assistance or approvals that may be necessary or desirable for a development project. City also agrees to work in good faith to secure and execute a development project for a retail project on that part of the Property identified as Lot 5, regardless of whether City or CVTW owns Lot 5, 8. Tech 1 Improvements. The parties acknowledge that the "Tech 1" building on CVTW property is the subject of a contract between. CVTW and Tenant that includes, among other terms, Tenant's commitment to undertake significant improvements to the Tech 1 building. In connection with business operations that Tenant will carry on in the building after such improvements are completed, Tenant will need adequate parking for its workforce. In support of such agreement, and as an inducement for Tenant to carry out the terms thereof and of a separate development agreement between City and Tenant, City agrees to assist in facilitating a cross - easement agreement between CVTW and FDP Waterloo, LLC ("FDP") so that each such party, and their tenants and other users of their facilities, will have rights of access and parking upon and across the adjacent property of the other party. CVTW shall have no duty to convey the Property to City until CVTW and FDP have mutually executed a cross -easement agreement between them, and CVTW agrees to diligently work in good faith to negotiate and execute such an agreement. 9. Future Agreements. The parties acknowledge that future development may occur on Lots 2-5, with the intention that the improvements made upon such lots, together with improvements existing or to be further made upon adjacent property owned by CVTW and adjacent property owned by FDP, shall require and benefit from cross -easements for parking and vehicular traffic and shall benefit from a common plan of maintenance and upkeep, Before a certificate of occupancy is issued with respect to any building improvements that may be made upon any part of said Lots 2-5, or before improvements upon any of said lots are otherwise made available for use by the public or other intended users of such improvements, the parties shall negotiate with each other and with FDP and shall execute and deliver agreements to provide for such cross -easements, common plan of maintenance and upkeep, property owners group participation, and such other matters as the parties may find suitable for their mutual benefit. Without limitation, the parties and FDP may provide for the establishment of a property owners group and may provide for restrictive covenants to govern use and development of the Property. 10. Notifications to CVTW. City agrees to notify City of potential development projects that may occur on other land owned by City in the TechWorks campus area, namely, the real estate conveyed by Deere & Company to CVTW in 2007. City agrees to confer with CVTW about any concerns CVTW may have with respect to impacts of such development on CVTW property or operations. 4 Page 169 of 251 11. No Broker. Neither party has used the service of a real estate agent or broker in connection with this transaction, and neither party owes any commission for services to a real estate agent or broker. 12. No Assignment. Neither party may assign this Agreement, any interest herein, or any rights or duties hereunder, without the written consent of the other party. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: CVTW Cedar Valley Tech Works, Inc. 360 Westfield Avenue, Suite 200 Waterloo, IA 50701 Attn: President CITY City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 Attn: Conununity Planning & Development Director Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 14. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Ageement may not be modified except by the mutual written agreement of both parties. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Debt Satisfaction and Property Transfer Agreement by their duly authorized representatives as of the date first set forth above. CEDAR VALLEY TECH WORKS, INC. By: L,C,A4 Wesley James, esident CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 5 Page 170 of 251 EXHIBIT A Property Depiction. See attached. Page 171 of 251 EXHIBIT B Environmental Records The following should constitute the "Environmental Records": 1. Declaration of Environmental Covenants recorded in Black Hawk County, Iowa on or about November 13, 2006 as Document No. 2007-10811 2. United States Environmental Protection Agency Permit for a Hazardous Waste Management Facility. Permittee: Deere & Company. Facility Identification Number: IAD005289806 (the RCRA Permit) 3. Letter from USEPA to James Kalina and Fredrick Van Schepen Re: Environmental Issues Relative to Construction Activities at the John Deere Waterloo Works Facility, EPA I.D. No. IAD005289806 (dated November 3, 2006) 4. Letter from USEPA to James Kalina Re: Final RCRA Hazardous Waste Management Permit and Response to Comments Final Remedy Decision for SWMU 19A and Southeast AOC 1 and Response to Comments for John Deere Waterloo Works Facility, 400 Westfield Avenue, Waterloo Iowa, EPA RCRA ID No. IAD005289806 (dated October 24, 2006) 5. Letter from Weston Solutions, Inc. to USEPA Re: Addendum No. 2, Subsurface Vapor Intrusion Pathway Evaluation, Technical Memorandum, SWMU 19A and Southeast AOC- 1, Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 21, 2006) 6. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa. Prepared by Weston Solution, Inc. (dated May 2006) 7. Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility. Prepared by Weston Solutions, Inc. (dated April 2006) 8. Letter from Weston Solutions, Inc. to USEPA Re: Addendum No. 1, Revised Technical Memorandum, Human Health Risk Evaluation for the Cedar Valley TechWorks Facility, Waterloo, Iowa (dated November 16, 2006) 9. Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). Prepared by Weston Solutions, Inc. (dated June 2006) 10. Indoor Air Assessment, John Deere Waterloo Works Area of Contamination -A, Waterloo, Iowa (Revision 0). Prepared by Weston Solutions, Inc. (dated June 16, 2008) Page 172 of 251 11. Letter from USEPA to James Kalina Re: EPA I.D. No. IAD005289806 (approving Focused Corrective Measures Study Report, Solid Waste Management Unit 19A, John Deere Waterloo Works, Waterloo, Iowa (Revision 2). (dated July 3, 2006) 12. USEPA Memorandum from Jeremy Johnson to Randy Rohnnan Re: Revised Technical Memorandum Human Health Risk Evaluation for the Cedar Valley Techworks Facility, John Deere Waterloo Works, Waterloo, Iowa (dated May 15, 2006) 13. USEPA Fact Sheet Re: Proposed Hazardous Waste Permit Renewal and Proposed Cleanup Plan Released for Public Comment, John Deere Waterloo Works, Waterloo, Iowa (dated July 2006) 14. Letter from Weston Solutions, Inc, to USEPA Re: Addendum to Corrective Measures Implementation Work Plan, SWMU 19A and Southeast AOC-1 --- Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa (dated October 25, 2012) 15. Letter from USEPA to Joseph Ruiz Re: EPA Review of Revised Addendum to Corrective Measures Implementation Work Plan — SWMU 19A and Southeast AOC-1, John Deere Waterloo Works, Waterloo, Iowa, EPA I.D. No. IAD005289806 (date January 29, 2013) 16. Letter from Weston Solutions, Inc. to USEPA Re: Addendum to Corrective Measures Implementation Work Plan - Revised, SWMU 19A and Southeast AOC-1 — Revision 1, March 2008, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa (dated December 21, 2012) 17. Pre -Renovation Asbestos, Lead -Based Paint and Hazardous Materials Assessment Report. Prepared by ATC Associates (dated August 10, 2012) 18. Letter from Cardno ATC to Jennifer Kakert Re: Follow-up Asbestos Containing Building Materials, Lead -Based Paint, and Hazardous Materials Re -Surveys (dated November 12, 2015) 19. Letter from ATC Associates Inc. to Bryce Henderson Re: Pre -Renovation Abatement Cost Estimates (dated August 10, 2012) 20. Corrective Measures Implementation Work Plan & Construction Quality Assurance Plan, SWMU 19A and Southeast AOC 1, John Deere Waterloo Works, Waterloo, Iowa, Facility ID No.: IAD005289806. Prepared by Weston Solutions, Inc. (dated May 2007) 21. Site Specific Health and Safety Plan, Special Provisions for Construction at Former John Deere RCRA Facility. Prepared by Weston Solutions, Inc. (dated May 2007) 22. Non -Destructive Asbestos and Hazardous Material Survey Report. Prepared by Liesch Companies (dated August 2005) 23. John Deere Cedar Valley TechWorks Limited Site Investigation Work Plan. Prepared by Terracon (dated September 28, 2006) 2 Page 173 of 251 24. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 6, 2006) 25. Corrective Measures Implementation Report SWMU 19A and Southeast AOC 1, John Deere Museum and TechWorks Campus Development, Blackhawk County — Waterloo, Iowa. Prepared by Weston Solutions, Inc. (dated November 2015) 26. Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 27. Non -Destructive Asbestos and Hazardous Materials Survey Report. Prepared by Liesch Companies (dated October 2005) 28. Phase I Environmental Site Assessment, John Deere Waterloo Cedar Valley TechWorks. Prepared by Terracon (dated November 8, 2006) 3 Page 174 of 251 EXHIBIT C Assignment and Assumption of Environmental Conditions This Acknowledgement and Acceptance of Environmental Covenants is entered into as of t- 27 , 2019, by and between City of Waterloo, Iowa ("City") and Cedar Valley Tech Wbrks, Inc. ("CVTW"). RECITALS WHEREAS, a Declaration of Environmental Covenants was filed in the office of the Recorder of Black Hawk County, Iowa on or about November 13, 2006 and recorded as Doc. No. 2007-10811 (the "Environmental Covenants"); and WHEREAS, City desires to take title to a portion of the Facility (as described in the Environmental Covenants) and to undertake responsibility for compliance with the Environmental Covenants. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, parties agree as follows: 1. City Acknowledgement and Acceptance of Environmental Covenants. City hereby acknowledges receipt of a copy of the Environmental Covenants and agrees to comply with and perfon-n all obligations thereunder as if the Grantor. City agrees to require any subsequent transferee of the Facility, or any portion thereof, to accept and comply with terms of the Environmental Covenants as provided herein and therein. 2. General. This Acknowledgement and Acceptance of Environmental Covenants is entered into pursuant to the terms of the Debt Satisfaction and Property Transfer Agreement by and between City and CVTW dated , 2019. Capitalized teiins used herein but not otherwise defined shall have the meaning set forth in said Agreement and/or the Environmental Covenants. IN WITNESS WHEREOF, the parties have entered into this Assignment and Assumption of Environmental Conditions by their duly authorized representatives as of the date first set forth above. CEDAR VALLEY TECH WORKS, INC. CITY OF WATERLOO, IOWA By: Wes y 144- ames, esident 9-2 7-- By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Page 175 of 251 E 0 c 0 c7' 0 0 0 1 A\ \ A 2 „ • Page 176 of 251 Page 177 of 251 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, for the writing, preparation, and submission of a FY 2020 EPA Brownfields Program Assessment Grant Application, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/31/2019 REVIEWERS: Department Reviewer Action Date P limning & Z,onin Schroeder, Ark; Approved 10/3 p /2,0 19 .- p 0:46 /.:\4. (. 1e k; Office Even, p:.eAnn Approved 10/3 1/2,019 - 12:03 ]E. M ATTACHMENTS: Description Type D 2020 g rant sap prd co n ita cg ('oven: Memo SUBJECT: Submitted by: Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, for the writing, preparation, and submission of a FY 2020 EPA Brownfields Program Assessment Grant Application, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve the agreement The City of Waterloo has been very successful in applying and receiving EPA Assessment grants in recent years. We are over 80% spent on our last grant of $400,000 in assessment funds. The City uses these grant funds to Summary Statement: conduct Phase I and Phase II work on redevelopment sites in the community - helping to show potential developers the sites are free and clear of any environmental concerns, and helping to get them redeveloped for positive tax base and job creation. Expenditure Required: $7,500 Source of Funds: Bond and TIF funds Policy Issue: Economic Development: Strategic Plan Goal 1: creation of new livable wage jobs Strategic Plan Goal3: increases in taxable valuation Alternative: Not approve The City has previously been approved for over $1,000,000 in brownfield Page 178 of 251 Background Information: grant funds and has worked to help cleanup sites, prepare sites for redevelopment, and bring new projects to the area. Projects the grant funds have assisted with: SingleSpeed, SFN data center buildings, Grand Crossing Phase I and II, Freidl Bakery redevelop, Hawkeye Community College Urban Campus, River Trail, and many more. There is map of sites with Phase I and II's conducted at the City's brownfield web site: thenewwaterloo.com Legal Descriptions: NA Page 179 of 251 u000i000ioi PROFESSIONAL SERVICES AGREEMENT For City of Waterloo FY 2020 EPA Brownfields Program Assessment Grant Application City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4366 Project Number: 191468 Rose Amundson- Project Manager HR Green, Inc. 8710 Earhart Lane SW Cedar Rapids, IA 52404 (319) 841-4329 October 10, 2019 Version 2.1 02212019 Page 180 of 251 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.1 02212019 Page 181 of 251 um Il�llli Professional Services Agreement City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 1 of 9 THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding CLIENT seeks to apply for a FY 2020 EPA Brownfields Community -Wide Hazardous Substances and Petroleum Assessment Grant totaling $300,000. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Assist CLIENT with the preparation of an application to the United States Environmental Protection Agency (EPA) for a Community -wide Hazardous Substances and Petroleum Assessment Grant totaling $300,000. 3.0 Deliverables and Schedules Included in this Agreement COMPANY will provide CLIENT a draft version of the application to review no later than two weeks prior to the December 3, 2019 due date. CLIENT to provide COMPANY with any requested changes to the document within three subsequent business days. COMPANY will incorporate requested changes and submit the draft version of the application to Kansas State University Technical Assistance to Brownfields (TAB) program for feedback. CLIENT will have an opportunity to review the draft version again prior to finalization. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: • Public outreach meetings. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others COMPANY will not utilize any subconsultants under this agreement. 6.0 Client Responsibilities CLIENT will provide COMPANY with a list of no less than 10 potential brownfields sites within on targeted area as it relates to the preparation of the Assessment Grant application. Version2.1 02212019 Page 182 of 251 Professional Services Agreement i000uo City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 2 of 9 COMPANY will offer guidance to CLIENT in helping to identify good candidate properties. CLIENT will attempt to secure signed access agreements from the owner of each potential brownfield site prior to submittal of the grant application. CLIENT will secure individualized commitment letters from property owners and/or developers outlining future redevelopment projects on targeted brownfields sites as identified. CLIENT will provide information to supplement the application as requested including but not limited to the following: locally -adopted long range planning documents; demographic information; health studies; etc. CLIENT will submit the final version of the grant application package(s) to the EPA via www.grants.gov. Note: the referenced website may take approximately 30 days to register an account. HR Green recommends creating an account as soon as possible to avoid any difficulties. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. Version2.1 02212019 Page 183 of 251 um Il�llli Professional Services Agreement City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 3 of 9 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Lump sum in the amount of $7,500 Version2.1 02212019 Page 184 of 251 um 011 Iltllli Professional Services Agreement City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 4 of 9 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. Version2.1 02212019 Page 185 of 251 um 011 Iltllli 8.8 Waiver Professional Services Agreement City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 5 of 9 COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT'S sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys fees arising out of or resulting therefrom. Version2.1 02212019 Page 186 of 251 011 111V Professional Services Agreement i000uo City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 6 of 9 Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and Version2.1 02212019 Page 187 of 251 011 111V Professional Services Agreement i000uo City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 7 of 9 completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, Version2.1 02212019 Page 188 of 251 011 111V Professional Services Agreement i000uo City of Waterloo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 8 of 9 COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifiers opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the Agreement. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the Agreement shall be the last date entered below. Sincerely, HR GREEN, INC. Steve Prideaux Author Name Version2.1 02212019 Page 189 of 251 4.4_11111111:11111flollo 1,v10000, 11011111111111 1111111,ililiii -HRGreer). Approved by: Printed/Typed Name: Title: Vice President Professional Services Agreement City of WaterIoo- FY 2020 EPA Brownfields Program Grant Application October 10, 2019 Page 9 of 9 ames E. Halve son City of Waterloo Accepted by: Printed/Typed Name: Title: Date: 10/10/19 Date: Version211 02212019 Page 190 of 251 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, for an environmental site assessment of 325 West 13th Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 11/4/2019 Prepared: 10/31/2019 REVIEWERS: Department Reviewer Action Date P limning & Z,onin Schroeder, Ark; Approved p 0/3 p /201 9 ... A M. (. ieitk_ Office Even, p..eAnn Approved ATTACHMENTS: Description Type D Site .A.ss : „n`ner.t 325 Covell: Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: O/.311/20i9... T2,:07.M Resolution approving a Professional Services Agreement with HR Green of Cedar Rapids, Iowa, for an environmental site assessment of 325 West 13th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve the agreement The City of Waterloo is working to acquire 325 West 13th Street for redevelopment purposes. This agreement with HR Green will work to show their are no environmental concerns on the site, due to its close proximity to the railroad, Highway system, etc. The City has been very successful in the redevelopment of infill sites near Highway 218, from 8th to 18th Street. Over the last several years, the City has worked to create over $2.2 million in new taxable value, infill commercial business sites, and new employees to the community. $3,100 Rath TIF funds Economic Development: Strategic Plan Goal 1: creation of new livable wage jobs Strategic Plan Goal3: increases in taxable valuation Alternative: Not approve The City is nearing the end of our last EPA site assessment grant (also on the Page 191 of 251 Background Information: agenda to apply for a new one) so this site assessment work will need to be paid by local funds. The Phase I and Phase II work to protect the City from any environmental actions against it under State Code in case something were to be discovered. Legal Descriptions: NA Page 192 of 251 PROFESSIONAL SERVICES AGREEMENT For 325 West 13t' Street Phase I Environmental Site Assessment Noel Anderson, Community Planning and Development Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 319-291-4366 Rose Amundson, Project Manager HR Green 8710 Earhart Lane SW Cedar Rapids, IA 52404 HR Green Project Number: 190679 October 17, 2019 Version 2.1 02212019 Page 193 of 251 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Version2.1 02212019 Page 194 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 1 of 9 THIS AGREEMENT is between City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding COMPANY will assist CLIENT in preparing a Phase I Environmental Site Assessment (ESA) report that satisfies guidelines outlined in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments coupled with EPA's Rule: Standards and Practices for All Appropriate Inquiries (AA!) on four adjoining parcels totaling 0.775 acres identified as 325 West 13th Street, PIN 8913-25-377-010, PIN 8913-25-377-009, and PIN 8913-25-377-006, Waterloo, IA. The parcels include a single- family home and three vacant lots all owned by Harold V. and Ruthanne E. Rooff. 1.2 Design Criteria/Assumptions CLIENT will provide legal access to the property. CLIENT will provide COMPANY with owner and site manager contact information. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Complete a Phase I ESA in accordance with ASTM Standard E1527-13 on four adjoining parcels generally identified as 325 West 13th Street, Waterloo, IA. 3.0 Deliverables and Schedules Included in this Agreement Once this AGREEMENT is authorized, COMPANY can proceed with the Phase I ESA upon notification by the CLIENT that site access is available. The Phase I ESA report will be completed no later than thirty (30) days following receipt of a signed access agreement. This delivery of the Phase I ESA report is contingent upon receiving timely access to the property. It is assumed that access has been granted by the property owner. CLIENT will provide documentation of granted access and owner contact information to COMPANY. Delivery of this report will be adjusted according to any delays experienced during the project which are caused by CLIENT, sub -consultants, weather, coordinating agencies or access concerns. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. Version2.1 02212019 Page 195 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 2 of 9 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: This fee does not include any recorded land title records search. COMPANY assumes this item is addressed by CLIENT and that the documentation will be made available to COMPANY. Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others COMPANY will utilize a third party vendor that specializes in Federal and State environmental record searches as established in ASTM E 1527-13 6.0 Client Responsibilities CLIENT will provide documentation of granted access and owner contact information to COMPANY immediately upon approval of the signed contract. 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. 7.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. Version2.1 02212019 Page 196 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 3 of 9 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Lump sum in the amount of $3,100 (Three thousand one hundred dollars). Version2.1 02212019 Page 197 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 4 of 9 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 8.2 Entire Agreement This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in Version2.1 02212019 Page 198 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 5 of 9 regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 8.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8.15 Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five (5) years Version2.1 02212019 Page 199 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 6 of 9 following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. The CLIENT recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in Version2.1 02212019 Page 200 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 7 of 9 accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY' control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering Version2.1 02212019 Page 201 of 251 Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 8 of 9 services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s) without the written authorization of COMPANY. 8.27 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. Version2.1 02212019 Page 202 of 251 1PGreen. Professional Services Agreement Phase I ESA- 325 West 13th Street 191548 October 17, 2019 Page 9 of 9 This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the Agreement. Services will not begin until COMPANY receives a signed agreement. COMPANY's services shall be limited to those expressly set forth in this Agreement and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the Agreement shall be the last date entered below. Sincerely, HR GREEN, INC. Steve Prideaux Author Name Approved by: Printed/Typed Name: Title: V, City of Waterloo Accepted by: Printed/Typed Name: Title: 0.40, Date: Date: Version2.1 02212019 Page 203 of 251 CITY OF WATERLOO Council Communication An ordinance Amending the City of Waterloo Code of Ordinances, by repealing Chapter 3, Solid Waste Collection and Disposal of Title 4, Public Health and Safety in ifs entirety and enacting in lieu thereof a new Chapter 3, Solid Waste Collection and Disposal City Council Meeting: 11/4/2019 Prepared: 10/30/2019 REVIEWERS: Department Reviewer Action Date Public Works; Departt Approved i0/30/2,019 ... 4:41 P ATTACHMENTS: Description Type D solid waste Coven Memo SUBJECT: Motion to received, file, consider and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances, by repealing Chapter 3, Solid Waste Collection and Disposal of Title 4, Public Health and Safety in it's entirety and enacting in lieu thereof a new Chapter 3, Solid Waste Collection and Disposal. Motion to suspend the rules, Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Adopt Ordinance Summary Statement: Policy Issue: Revising and updating of the solid waste collection and disposal ordinance as rules, regulations, containers, recycling, yard waste and refuse have changed throughout the years. Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency in City operation and activities. Page 204 of 251 Chapter 3 SOLID WASTE COLLECTION AND DISPOSAL 3-1 C IIL' IP I IIII VIIUT I 0 Soo 4-3-2 AIIL") IIIIIU IRA"'Ilu O IINIW 4-3-3 IIPIIL'C,IIVAIIL_ IRRIIL'IlhrUUUSIIL' IIL IIUSIIL'OSAIIL_ 4-3-4: IC IUSIPOSAIL_ S I VIUCES IPIh ,C \BUDL' C EXCCIEPT1OIINS 4-3-5 °T I IR.UUU LEES AN IIL) R.1E G U IIL_A"T IIVOIIII S 4,,,,,3,,,,,6: IF DEE III....;S FOR S DEE III° V C DE : 4-3-7 IIPIR %IIHIIUIIBIIU°T11L' IIL1 ACTS AND t; OIINIIC IIU" Soo 4-3- SII IIL' IIU ,IIL_ IIE�XCIIE,IIPTl1VOIIINS UUIIR.INIIUING BAN: 4-3-9 VIU0ILA° 'Ilud' .0 IIY ' n IIL 1E, INIIA1IUr TY 4-3-1 0 N OTOO ( IIL' 1R.IE GAIIR.IIL"11IU III G 1114 U IIU 5, .ION C` IIL 4-3-1 1 IL AYII1kflIEIINFT, SSIESSIlli,"IIE�IIIINT OP COSTS, 111? P IIL' L 4-3-1: DEFINITIONS: BUSINESS: Each separate establishment for carrying on any profit -seeking, institutional, religious, governmental or nonresidential activity or enterprise, other than a "home occupation" as defined in section 10-3-1 of the zoning ordinance. DWELLING UNITS: Each household unit occupied by a single family. EXCLUDED WASTE: Solid waste designed by the city as not appropriate for recycling, including but not limited to hazardous materials, garbage, refuse, yard waste, special waste, and other materials or waste identified in rules and regulations established by the public works manager or designee and approved by resolution of the city council. GARBAGE: All solid and semisolid putrescible animal, grain, fruit, or vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food. HAZARDOUS MATERIALS: Any hazardous waste or hazardous substance regulated by article C of thus clha1pter, including but not limited to materials that are hazardous, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic hazardous waste as defined by applicable law or otherwise regulated. MULTIPLE DWELLING: A building or complex consisting of more than four (4) dwelling units. PERSON: Each individual, firm, corporation, partnership or other entity, or any employee or agent thereof. PREMISES: The property occupied by a separate family or business unit, whether or not the same be separately owned. RECYCLING: Any process by which certain solid waste is collected, separated, and processed or returned to use in the form of raw materials or products. RECYCLING MATERIALS: Solid waste designated by the city as appropriate for recycling, such as newsprint, magazines, catalogs, cardboard, metal cans, and plastic containers, as set forth in the 1 Page 205 of 251 rules and regulations established by the public works manager or designee and approved by resolution of the city council. REFUSE: Putrescible and non-putrescible solid and semisolid wastes that are not "hazardous materials", "garbage", "recycling materials" or "yard waste" as defined in this section, including, but not limited to, trash, rubbish, wood that is not yard waste, glass, ashes, incinerator ash or residue, street cleanings, market and industrial solid wastes, and building materials. SOLID WASTE: Any garbage, rubbish, refuse, recycling materials, yard waste, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, municipal, commercial, construction, mining or agricultural operations, and residential, community and institutional activities. SOLID WASTE FEE SCHEDULE: A schedule of fees, costs and charges, as adopted and modified from time to time by resolution of the city council, that are chargeable to customers in connection with the solid waste collection and disposal program provided for in this chapter. YARD WASTE: Vegetative wastes resulting from the care and maintenance of residential yards, flowerbeds, and gardens, including, but not limited to, grass clippings, leaves, tree limbs, bark, garden waste, brush and small twigs, and branches not exceeding two and one-half inches (21/2") in diameter and three and one-half feet (31/2) in length. Yard waste shall not include the following: A. Tree stumps, tree roots, trunks, logs, and branches that are more than two and one-half inches (21/2") in diameter or three and one-half feet (31/2') in length. B. Material meeting the definition of "garbage" or "refuse" as provided in this section. C. Flower and decorative products manufactured or fabricated, or the waste byproducts incidental to their manufacture or fabrication, which include organic materials and other nonorganic wastes which are not practically separable. Examples of this exemption include, but are not limited to, things such as flower arrangements, decorated potted plants, wreaths, bouquets, garlands, and small bedding flats. D. Metal, plastic, rock, dirt, wire, fencing, weed barriers or other underlayment, bordering materials, stone, brick, masonry, or other inorganic material. (Ord. 4829, 8-14-2006; amd. Ord. 5075, 9-19- 2011) 4-3-2: ADMINISTRATION: A. Oversight: The public works department shall have the duty and responsibility of overseeing the collection of garbage, refuse, recycling materials and yard waste within the corporate limits of the city and see that all garbage, refuse, recycling materials and yard waste is disposed of in a sanitary manner, whether by the city, by contracted entities or by private persons, in order to protect the health of the citizens thereof. B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules and regulations in addition to the provisions of this chapter as may be deemed necessary for the collection of garbage, refuse, recycling materials and yard waste by and in the city. (Ord. 5203, 3-3- 2014) 4-3-3: SPECIAL REFUSE DISPOSAL: A. Contagious Disease Refuse: The removal of clothing, bedding or other refuse from homes or other places where highly infectious diseases have prevailed shall be performed under the 2 Page 206 of 251 supervision and direction of a licensed physician and health authority. Such refuse shall not be placed in containers for city collection. B. Hypodermic Instruments: No person shall dispose of or discard any hypodermic syringe, hypodermic needle or any instrument or device for making hypodermic injections before first breaking, disassembling, destroying or otherwise rendering inoperable and incapable of reuse such hypodermic syringe, needle, instrument or device, and without safeguarding the disposal thereof by wrapping or securing same in a suitable manner so as to avoid the possibility of causing injury to the collection personnel. (Ord. 4034, 8-22-1994) C. Ashes: Ashes that are to be hauled by the city must have been wetted and cool to the touch prior to collection. Ashes shall be placed in suitable containers of such size and weight that they can be handled by one person. D. Cardboard Boxes and Cartons: Prior to depositing refuse for collection in authorized containers or receptacles or in commercial containers, the person disposing of any such boxes or cartons or the person in charge of the premises shall collapse all cardboard boxes, cartons and crates. (Ord. 2958, 3-27-1978) 4-3-4: DISPOSAL SERVICES PROVIDED; EXCEPTIONS: The city shall provide, to every premises within the corporate limits of the city, disposal service for garbage, refuse, recycling materials and yard waste, with the following exceptions: A. Business establishments shall have a private licensed collector remove garbage and refuse. B. Multiple dwellings shall have a private licensed collector remove garbage and refuse. C. Hazardous materials shall not be accepted for disposal by the city or private haulers licensed under this chapter. (Ord. 4943, 6-15-2009) D. The city shall not provide collection and disposal of recycling materials or yard waste for multiple dwellings or business establishments as defined in 4-3-1, but the occupants of multiple dwellings may dispose of recycling materials and yard waste at drop-off sites maintained by the city for that purpose. 4-3-5: COLLECTION RULES AND REGULATIONS: A. Containers: Except as set forth in this chapter, the specific requirements for the number and type of containers, placement of items for collection, size of containers, weight of containers or items placed out for collection, and other rules, regulations and policies for solid waste collection shall be as set forth in the administrative policy, organization and procedures prepared by the public works manager and adopted by resolution of the city council. B. Containers Required: It shall be required of every person in possession, charge or control of any place in or from which building materials, business trash, garbage, household trash, industrial waste, recycling materials, tree and shrubbery trimmings and yard trash is accumulated or produced to provide and at all times to keep in a suitable place, adequate and suitable receptacles and containers capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. For customers of disposal services provided by the city, only containers provided by the city shall be used. A customer of city disposal services shall not alter any container, use it for any purpose other than its intended use, or move it to a different address. C. Container Specifications and Replacement: Containers other than those provided by the city shall be of safe construction and design. All containers shall be maintained in good and serviceable 3 Page 207 of 251 condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof, or public, or likely to cause spillage of contents, shall be promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the public works department shall have the authority to order their replacement. After initial delivery of a container by the city or its contractor, if a new container is delivered, or an existing container is removed or exchanged, for reasons other than damage or loss caused by city or its collection contractor, the customer shall pay a fee as set forth in the solid waste fee schedule. A customer shall also be liable for the cost of a new container if the container is destroyed or otherwise rendered unsuitable for continued use by the customer or anyone for whom the customer is responsible. (Ord. 5203, 3-3-2014) D. Loading and Unloading Areas: All loading and unloading areas shall be provided with refuse receptacles for loose debris, paper, packaging materials and other trash. The number of containers necessary for each area shall be as required to maintain clean, neat and sanitary premises as directed by the public works department. (Ord. 4482, 5-29-2001) E. Points of Collection: Containers for refuse, recycling materials and yard waste shall be placed for collection at ground level within three (3) feet of the curb or alley line and with unobstructed access for automated equipment. No collection shall occur where containers cannot be reached by collection equipment or by collection personnel without unlocking or opening a door, gate or any similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools and equipment, or other similar objects. Any container not properly placed for collection will not be emptied, and a return visit to the property to empty a container at customer request shall incur a fee as set forth in the solid waste fee schedule. The public works department shall have the authority to determine the proper receptacle or container location on private property. (Ord. 5203, 3-3-2014) F. Recycling Materials and Yard Wastes: 1. Recycling materials and yard waste shall each be separated from all other wastes by the owner, occupant or agent of all premises in the city. Specific requirements for disposal shall be as set forth in this chapter and the administrative policies referred to in subsection A of this section. 2. Recycling materials and yard waste shall be disposed of in containers provided by the city specifically for that purpose. Disposal of recycling materials or yard waste for city pick up in other containers shall be prohibited. (Ord. 4482, 5-29-2001) G. Authorized Collectors: No person other than the agents of the city or persons so authorized by it pursuant to airtaiclle A of tlhlis chapter shall collect or transport garbage, refuse, recycling materials or yard waste through or upon the streets or alleys of the city. (Ord. 5075, 9-19-2011) H. Securing Accumulations; Removal Of Same By Private Collectors: Any multiple dwelling and any business shall have garbage and refuse collected by a private licensed collector and may have recycling materials or yard waste hauled by a private licensed collector. This shall not preclude the provisions of subsection F1 of this section. All containers for collection of the garbage, refuse, recycling materials or yard waste of any multiple dwelling or any business shall be securely fastened in a closed position at all times, except when the container is opened for depositing additional accumulations or when the container is being emptied by a private licensed collector. No person other than the owner of the premises, its authorized agents, or a private licensed collector may remove garbage, refuse, recycling materials or yard waste from any container intended for collection of same. (Ord. 4943, 6-15-2009) I. Disposition Areas Established By City Council: Disposition of garbage, refuse, recycling materials and yard waste shall be in areas designated by the council. Disposition of solid construction rubble 4 Page 208 of 251 such as concrete, brick, stone, sand or dirt, shall be in areas approved by the city as set forth in artliclle IFS of tlNis chapter. (Ord. 4482, 5-29-2001) J. Vehicle Requirements: Any person, including, but not limited to, employees or contractors of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over the streets of the city, shall equip the vehicle with a suitable cover of durable material and shall keep such cover over the load carrying portion of the vehicle at all times, as necessary to prevent waste material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean up all of such materials. (Ord. 5203, 3-3-2014) K. Suspension of Recycling Service: Collection of recycling materials may be suspended or delayed if the city or its contractor is unable to collect or process recycling materials due to mechanical failures, significant weather events, or any other cause beyond the reasonable control of the city or its contractor. In addition, the city may elect to suspend collection service to a particular customer in the event of a delinquent account, repeated mixing of excluded materials with recycling materials, or other cause as determined by the public works manager or designee in the exercise of his or her reasonable discretion. 4-3-6: FEES FOR SERVICE: A. Fees Established: The expense of solid waste disposal services as determined by the city council shall become a charge against the owner or occupant of every dwelling unit to which service is made available. Fees for the services described below shall be set forth in the solid waste fee schedule. 1. Disposal of Garbage: A fixed sum per month shall be charged to all dwelling units and shall entitle each customer to dispose of one standard garbage container per week on an automated garbage route.A fee shall be charged for one additional thirty (30) gallon plastic bag placed upon the lid of the garbage cart per week. The fee shall be collected by requiring the purchase of a tag that must be affixed to the plastic bag placed out for disposal. The fee or charge for this tag shall be as set forth in the solid waste fee schedule. 2. Disposal of Yard Waste: A fixed sum per month shall be charged to each customer participating in the voluntary yard waste disposal program and shall entitle the customer to dispose of a standard container of yard waste according to the ordinary collection schedule. Yard waste shall be collected from mid -April through November each year, during at least 18 weeks as scheduled each year. There is no yard waste collection December through March. Schedules shall be mailed to voluntary subscribers each December for the next year's service. 3. Disposal of Recycling Materials: A fixed sum per month shall be charged to each customer participating in the voluntary recycling program and shall entitle the customer to dispose of a standard container of recycling material on a bi-weekly basis. 4. Collection Sites: All customers will be charged a fee, as set forth in the solid waste fee schedule, for operation of yard waste and satellite recycling sites maintained by the city, whether or not the customer is participating in a voluntary recycling or yard waste collection program. 5. Bulk Item Collection Services: Curbside collection of up to ten (10) large, bulky refuse items, such as tires, appliances, furniture, bedding, etc., can be scheduled on a specific work order form available at the public works department. No yard waste, hazardous waste, recycling materials or garbage shall be collected. The fee or charge for this service shall be as set forth in the solid 5 Page 209 of 251 waste fee schedule. Fabric covered items such as couches, chairs or mattresses shall be wrapped in plastic to prevent the spread of any possible insect infestation (Ord. 5203, 3-3-2014) Special environmentally restricted waste bulk items: Refrigerator, freezer, air conditioner, tires, etc., must be disposed of by the city at a state licensed decertification business or a licensed tire recycling business. All tags must be purchased from the city for those items to be picked up by the city. B. Exemptions: An individual may be granted a partial exemption to the fees and costs for garbage and refuse collection set forth in subsection A of this section by annually making application to the city clerk and by meeting criteria established by the finance committee of the city council. The exemption shall be on a calendar year basis. C. Delinquent Charges: There shall be assessed a one-time penalty of five percent (5%) if the bill for solid waste disposal service is not paid at the time indicated on the bill. D. Change In Fees: The city may change and adjust the solid waste disposal schedule from time to time by resolution of the city council as it becomes necessary to be sufficient in each year for the payment of expenses of operation and for repair, maintenance and replacement of solid waste disposal equipment. (Ord. 4129, 9-18-1995) E. Collection of Fees: 1. The municipal waterworks office is hereby authorized and directed to render and collect fees or service charges for disposal services in accordance with the fees established in subsection A of this section. The charge shall be collected with the consumer's regular monthly and/or quarterly water and sewer bill, and shall be shown as a separate item on the bill. The owner or manager of a dwelling unit who provides and pays for the water and sewer consumption charges of his tenants shall also be responsible and pay for the garbage and refuse service charges of his tenants. Collection policies shall be the same as the other city utility services. When a fee is six (6) months delinquent, the unpaid fee for city solid waste disposal services shall be assessed against the property benefited, as provided for under Iowa Code section 384.84(3). Amounts collected for solid waste disposal services shall be deposited with the city. (Ord. 4640, 9-2-2003) 2. It shall be at the discretion of the municipal waterworks office to decide on vacancies and partial use of dwelling units in connection with monthly and/or quarterly billing amounts pertaining to solid waste collections. (Ord. 3705, 4-2-1990; amd. 2001 Code) 4-3-7: PROHIBITED ACTS AND CONDITIONS: A. Disposal On Public Property: It shall be unlawful for any person to deposit any garbage, refuse, recycling materials or yard waste in any location within the city unless such refuse be deposited as provided in this chapter. B. Unlawful To Permit Hazardous Accumulations: It shall be unlawful for any person to permit accumulation on any premises, improved or vacant, or any public place in the city, of any quantities of garbage, refuse, recycling materials or yard waste, whether in containers or not, that shall, in the opinion of code enforcement, constitute a health or sanitation hazard or nuisance. Any quantity of garbage, refuse, recycling materials or yard waste in a container that exceeds the capacity of the container when closed shall be deemed a nuisance and shall be subject to abatement as provided in this chapter. C. Rubbish And Trash Near Buildings: 6 Page 210 of 251 1. Accumulation And Burning: Any person who shall throw, deposit or place in or about any building or cellar or in or upon any street or alley or allow to remain in such building or cellar or upon any such street or alley, any solid waste of any kind or character whatsoever, shall be deemed guilty of an offense. Solid waste which has been thrown, deposited or placed in or about any building or cellar, street, or alley in the city, or which has accumulated in such places, including such waste materials as are placed in an appropriate container and exceed the capacity of the container when closed, shall be deemed a nuisance and may be abated. All open burning of solid waste shall be prohibited. 2. Burning Tires: Any tire fires on any property shall be presumed to be set by the property owner, or if said property owner does not reside there, the occupant of the property. It shall be the sole responsibility of the property owner or occupant to report who was responsible for the fire if said fire was not set by said owner or occupant. (Ord. 4943, 6-15-2009) D. Excluded Waste: It shall be a violation for any customer of the voluntary disposal program for recycling materials to place any excluded waste in the recycling container. If a container is found to contain excluded waste at the time of collection, the container will not be emptied until the next scheduled collection date when the excluded waste has been removed. 4-3-8: SPECIAL EXCEPTIONS TO BURNING BAN: A. The city, in burning trees, tree trimmings, or the like generated by the forestry department, street department, or other city departments in their normal course of work or resulting from a natural disaster declared as such by the city council, shall not be subject to the burning ban stated in subsection 4-3-7C1 of this chapter. For purposes of this subsection, "trees" means all parts of a tree or shrub, including, but not limited to, trunks, limbs, branches, stumps, and roots or root masses. (Ord. 4829, 8-14-2006) B. The city council shall have the authority, consistent with this section, to grant exceptions to the ban on open burning and to allow the burning of certain vegetative matter and solid wastes under special limited conditions. An application for exception must be filed with the city clerk's office, reviewed by the fire department (which may consult with the leisure services and public works departments when appropriate), and forwarded to the city council for approval. An exception may be granted in cases when burning of native vegetation is a recognized management technique. (Ord. 5203, 3-3-2014) C. Said application must contain the following information and any other information deemed appropriate by the city: 1. Name of applicant; 2. Address and telephone number of applicant; 3. Location and size of area to be burned; 4. Dates and times of burning; 5. Description of vegetation; 6. Description of management technique; and 7. Containment procedures. A fee of fifty dollars ($50.00) must be filed with the application. In addition to the application fee, the fire department shall charge for standby services and extinguishment of intentionally set fires as contained in section 9-2A-12 of this code. 7 Page 211 of 251 D. The fire department will determine for each exception whether: 1. Atmospheric conditions are proper to allow the burning; 2. Applicable provisions of state law or regulation are complied with; and 3. Standby vehicles are needed to ensure the safety of life and property adjacent to the site. E. Any individual who claims to be adversely affected by allowance of the exception may file a statement with the city clerk containing information to support the claim. If the city council finds that sufficient controversy exists regarding such application, a public hearing may be held. F. In determining whether to grant or deny the application, the city council shall balance the following: hardship to the applicant, the community and other persons resulting from the denial of the exception against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the exception. Applicants for exceptions and persons contesting exceptions may be required to submit any information/document reasonably required by the city council. In granting or denying an application, the city council shall place on public file a copy of the decision and the reasons for denying or granting the exception. G. Exceptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. Any exception shall not become effective until all conditions are agreed to in writing by the applicant. Noncompliance with any condition of the exception may result in termination of the grant of exception. H. Applications for exceptions shall be treated as an application for an initial exception. I. Exceptions must be filed for each occurrence. J. Appeals of an adverse decision of the city council shall be made to the district court in and for Black Hawk County. Review of the court shall be de novo limited to whether or not the decision is supported by substantial evidence. (Ord. 4829, 8-14-2006) 4-3-9: VIOLATION; PENALTY: A. For any customer whose Recycling container has been found to contain excluded waste, penalties shall be as follows for any occurrence within a given period of twenty-four (24) months: 1. First occurrence: Notification of violation 2. Second occurrence: $50.00 fine 3. Third occurrence: $100.00 fine 4. Any subsequent occurrence: See subsection B. In addition, if the city or its contractor discovers excluded waste after it has been collected, such waste may be transported, handled and disposed of in accordance with applicable law, and the customer may be charged all costs incurred due to the transportation, handling and disposal of the excluded waste and all related actions. B. Except as set forth in subsection A, persons violating the provisions of this chapter shall be guilty of a municipal infraction and upon conviction thereof shall be punished in accordance with the provisions of subsection 1.-3-2C of this code. (Ord. 4441, 10-16-2000) 4-3-10: NOTICE REGARDING NUISANCE: 8 Page 212 of 251 A. Upon receipt of a complaint or observation by code enforcement or by the public works manager or his/her designee of a violation of this chapter, a notice shall be issued to the property owner (as shown by the official records of Black Hawk County), agent, and/or person in possession of said property, describing the nuisance or hazard on said property. The first such notice issued in any calendar year shall demand abatement of the nuisance within seven (7) days from the date of service as evidenced on the return, or if by certified mail, from the date of mailing. Any subsequent notices issued in the same calendar year shall demand abatement within one day from the date of personal service or mailing as stated above. Failure of the owner to abate the nuisance may result in the city's abating it and assessing all costs associated therewith against the affected property. Costs associated with abating a nuisance include, but are not limited to, landfill fees, mileage reimbursement at the standard IRS business rate use then in effect, and the hourly rate of truck operator time (minimum 1 hour) as determined by the public works committee of the city council from time to time. B. Notice required herein shall be made by certified mail or by the issuing officer by personal service as provided by applicable law, stating that the property is in violation of this chapter and that failure of the owner, agent, and/or person in possession of said property to abate the nuisance within the time frame set forth herein may result in the city's abating the nuisance and assessing costs of said action against the property. If the public works manager or his/her designee, code enforcement, or the fire or health departments declare the nuisance to be an emergency, the city may perform any action required to abate the nuisance without prior notice, and assess any and all costs of said action to the property as provided herein. An "emergency" shall be any act or omission of the property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard to anyone. (Ord. 5203, 3-3-2014) 4-3-11: PAYMENT, ASSESSMENT OF COSTS, APPEAL: A. Fees And Charges: Upon completion of the abatement of a hazard or nuisance as provided for herein, the city clerk shall demand payment for the costs of such abatement from the property owner by mailing a statement of the fee to the last known address of the owner and/or person in possession as shown by the records of the county. Notice shall be by ordinary mail. Said statement shall be due and payable upon mailing and shall become delinquent if not paid within ten (10) days of date of mailing the notice. Any delinquent fees and charges may be assessed against the property for collection in the same manner as a property tax, as provided in state law. B. Reserved. C. Appeal: A property owner in receipt of a statement of fees and charges for an abatement who contests the statement may file a written appeal with the city clerk within ten (10) days of the postmarked date of the statement. An administrative filing fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative filing fee within said ten (10) days shall constitute a waiver of the right to a hearing, and the statement of fees and charges shall thereupon become final. Hearing on the appeal before the city council or its designated committee shall be scheduled for a date within thirty (30) days of filing the appeal and shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the city council or committee in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council or committee at least seven (7) days prior to the hearing date. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or committee may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council or committee shall determine whether the amount of the assessment should be affirmed, reduced, or waived. Such determination shall be contained in a written decision and 9 Page 213 of 251 shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. In the event the assessment is waived by over half, the administrative filing fee for the appeal will be refunded to the appellant. (Ord. 4943, 6-15-2009) ARTICLE A. PRIVATE COLLECTORS AND HAULERS 4-3A-1: COLLECTORS AUTHORIZED: 4-3A-2: PERMIT REQUIRED; INSPECTION FEE: 4-3A-3: VEHICLE REQUIREMENTS: 4-3A-4: RULES AND REGULATIONS: 4-3A-5: REVOCATION OF PERMIT: 4-3A-1: COLLECTORS AUTHORIZED: All who use private collectors for the hauling of garbage, refuse, recycling material or yard waste shall use only collectors licensed by the city as provided in this article. (Ord. 3705, 4-2-1990) 4-3A-2: PERMIT REQUIRED; INSPECTION FEE: A. No person shall engage in the business of collecting and hauling garbage, refuse, recycling material or yard waste in the city without first obtaining a permit from the city. The permit shall be issued when the equipment for hauling garbage, refuse, recycling material or yard waste shall meet the requirements of this article, such equipment shall have been inspected and an inspection fee paid to the city. The inspection fee shall be fifty dollars ($50.00) per vehicle per year. The license shall be valid for one year unless sooner revoked as provided in this article. All licenses are due May 1 of each year. B. An application for a permit shall be filed with the health department and shall contain the following information: 1. The name and address of the applicant; 2. The vehicle to be used; 3. General information concerning the routes to be traveled and places to be served. C. No permit issued pursuant to this article shall be transferable from one person to another, or from one vehicle to another. (Ord. 3705, 4-2-1990) 4-3A-3: VEHICLE REQUIREMENTS: No permit shall be issued or renewed unless the vehicles to be used have been inspected by the health department. The vehicles must meet the following requirements: A. Construction of the vehicles shall be such that rubbish or bulk material loaded therein or transported thereby shall be securely contained. Trucks with open sides, such as a stake body truck must have some type of paneling installed on the interior of the stakes to prevent the loss of any rubbish or bulk material. Plywood or hardboard may be used to line the interior; however, large sections of cardboard will not be acceptable. 10 Page 214 of 251 B. All vehicles shall be equipped with a permanently attached covering over the bed of the vehicle, or with a suitable tarpaulin. The tarpaulin must be constructed in such a manner so that both sides and the end of the tarpaulin can be securely tied down or loaded to prevent the rubbish or bulk material from being blown or allowed to escape. C. All vehicles other than stake body types must be equipped with a tailgate of rigid construction of at least one and one-half feet (11/2') in height which, when closed shall securely hold and contain all rubbish and bulk material. Acceptable paneling as indicated above may be used in lieu of the tailgate only on stake body vehicles. D. Any compaction type vehicle must be equipped with a tight fitting tarpaulin or other means to prevent rubbish or other material from being blown or allowed to escape from the hopper area. E. All vehicles inspected and licensed under this section shall prominently display the permit number on the upper or lower left corner of the windshield of the vehicle upon a decal to be furnished by the health department. (Ord. 3705, 4-2-1990) 4-3A-4: RULES AND REGULATIONS: A. Transporting Waste Materials: No person shall haul, transport or otherwise convey any garbage, rubbish, trash, waste, building material, tree or shrubbery branches or limbs, or any other waste material within the city unless the same is contained in covered receptacles or is otherwise secured either to or within the vehicle so that such material does not fall off or blow off or out of the vehicle hauling the same. In the event any of the material falls off, blows off or out of the vehicle, the person hauling the same shall clean up all of the waste material. B. Dumping In Authorized Places: It shall be unlawful for any person to use any lot, open space, street or roadway in the city instead of the location provided for and established by the city council, for the dumping or depositing of dead animal matter, garbage matter, and offensive materials and substances, and other refuse, rubbish, recycling material or yard waste. C. Penalty: Any person who shall violate this section or any part thereof shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 1-3-1 of this code. (Ord. 3705, 4-2-1990) 4-3A-5: REVOCATION OF PERMIT: Persons licensed in accordance with the provisions of this article who fail or refuse to gather and carry away, in covered receptacles, any deposit of garbage, refuse, recycling material or yard waste in the proper manner from any place where the same is deposited for removal by them, may have their license revoked by the city council after a hearing before the city council. The licensee shall have at least five (5) days' notice prior to the hearing, and an opportunity to appear and be heard. (Ord. 3705, 4-2-1990) Chapter 4 LITTER CONTROL 4-4-1 ILAIILEIIIIIVINH IIVT'IIVOIN 4 4 2 G IILE IN IEEE IIIR. L. P IR.0 IN f III IILEIIV°T IIV r IN 11 Page 215 of 251 4-4 3' AII101ION IIIST'IIRATIII "° N AIINIIL) IE IIh Ilh ` IIh .C'IIL IIIIIL ENT: 4-4-4 IRE SIIh' p'III SIIIIILfIIILILT Y 0IIL W N IIEIRS AL) ,OIILLIlh l"TS 4-4-5' IlReselr..red' 4-4 6' STORAGE IRE UIILA1IIIeWIIONS ' 4-4-7' IIIUIIN OT'OIII`, VII EIIHtlIII `IIL_II ES' 4-4-8 LOTS: 4-4 1 CONSTR.UCTION AND IILDII ',IIL_IIIT'IIIOIN SITES: 4-4-1 i',,,, SIIL III' CMIIIAIIL_ III III' Ilh USIIE IIL) SIIPOSAJIL_ PR IILSLIE IIMS' 4-4 11 OPIlh R. ''MISFILED ACTS AND CO NI DI TI 0 NI S' 4-4-12' III esellr 'd' 4 -4 - 13 IIH' O'TIII G II ' OF VIOLATION 4 -4 - 14' VI O IIL_ATIII IN IP IIEL, L LTV: 4-4-1: DEFINITIONS: BUILDING MATERIALS: Any material such as lumber, brick, plaster, sheet metal or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures. BULK CONTAINER: A metal container, made of watertight construction with doors opening on two (2) sides and top, and constructed so that it can be emptied mechanically by a specially equipped truck. Containers shall be kept covered at all times. Upon the effective date of this chapter, all new bulk containers shall meet these specifications. BUSINESS ESTABLISHMENT: Any retail, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment, or a "multiple dwelling" as defined in section 4- 3-1 of this title, at which garbage or trash may be generated. BUSINESS TRASH: Any waste accumulation of dust, paper, cardboard, packing materials, rags or other accumulations, other than garbage or household trash, which is usually attendant to the operation of any business establishment. CITY: The city of Waterloo. DETACHABLE CONTAINER: A unit which is used for collecting, storing and transporting building materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. Each unit shall be made of watertight construction. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site. ENFORCEMENT AUTHORITY: City code enforcement officers. GARBAGE: All solid and semisolid, putrescible animal, grain, fruit, or vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food. LITTER: Garbage, refuse, waste materials or any other improperly discarded, used or unconsumed substance, including, but not limited to, tin cans, paper products, ashes, rags and the like. LOADING AND UNLOADING AREA: Any land dock or space or area used by any moving vehicle for 12 Page 216 of 251 the purpose of receiving for shipment or transportation goods, wares and commodities. REFUSE: Putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, "garbage" or "yard waste" as defined in this section, including, but not limited to, trash, rubbish, paper, cardboard, wood that is not yard waste, metal, glass, ashes, incinerator ash, street cleanings, market and industrial solid wastes, and building materials. YARD WASTE: Vegetative wastes resulting from the care and maintenance of residential yards, flowerbeds, and gardens, including, but not limited to, grass clippings, leaves, tree limbs, bark, garden waste, brush and small twigs, and branches not exceeding two and one-half inches (2i/2") in diameter and three and one-half feet (31/2) in length. Yard waste shall not include the following: A. Tree stumps, tree roots, trunks, logs, and branches that are more than two and one-half inches (21/2") in diameter or three and one-half feet (31/2) in length. B. Material meeting the definition of "garbage" or "refuse" as provided in this section. C. Flower and decorative products manufactured or fabricated, or the waste byproducts incidental to their manufacture or fabrication, which include organic materials and other nonorganic wastes which are not practically separable. Examples of this exemption include, but are not limited to, things such as flower arrangements, decorated potted plants, wreaths, bouquets, garlands, and small bedding flats. D. Metal, plastic, rock, dirt, wire, fencing, weed barriers or other underlayment, bordering materials, stone, brick, masonry, or other inorganic material. (Ord. 4829, 8-14-2006; amd. Ord. 4943, 6-15-2009; Ord. 5319, 11-23-2015) 4-4-2: GENERAL PROHIBITION: It shall be unlawful for any person who, unless otherwise provided by law, or the context states otherwise, shall mean an individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity, to trespass on the rights of another through the neglect of property by causing or allowing litter, garbage or refuse to remain on the property, or to discard, abandon or cause such on public property or another's private property. (Ord. 4034, 8-22-1994) 4-4-3: ADMINISTRATION AND ENFORCEMENT: A. Enforcing Agency: The administration and enforcement of the provisions of this chapter shall be the duty of the code enforcement officers. (Ord. 4443, 11-6-2000) B.Reserved: (Rep. by Ord. 4482, 5-29-2001) C. Administrative Order: Whenever the code enforcement officer determines that a public health nuisance exists which requires immediate action to protect the public health, said official may issue an order citing the existence of the public health nuisance and require that action be taken as he deems necessary. The action required by said official shall depend upon, but not be limited to, the nature of the condition, the danger to the public health which the condition presents, the condition or deterioration of the premises or the time reasonably necessary to take the required action. If the owner or occupant does not comply with the order within the time frame specified in said order, said official may authorize the taking of the action specified in the order. Any costs incurred in abating the public health nuisance may be assessed to the owner of the property personally, to the property, or 13 Page 217 of 251 both. This remedy does not preclude the issuing of a citation or the applicability of section 4-4-14 of this chapter for a violation of this chapter. (Ord. 4443, 11-6-2000) 4-4-4: RESPONSIBILITY OF OWNERS AND AGENTS: The owners, agents, tenants or lessees of all residential units and commercial establishments shall be jointly and severally responsible for compliance with this chapter. A. Sidewalks, Alleys And Rights Of Way: All owners and occupants of property shall maintain their property in a clean and litter free manner, including sidewalks, grass strips, one-half ('/z) of alleys, curbs or rights of way up to the edge of the pavement of any public street. B. Sweeping Into Sidewalks Or Streets: No person shall sweep into or deposit in any street or sidewalk the accumulation of litter from any building or property. C. Vehicle Contents: No person shall cause or allow to exist within a licensed or unlicensed vehicle of any type an accumulation of litter, garbage or other refuse that constitutes a public health nuisance, except for that portion of a vehicle that is specifically designed for the temporary holding of such materials. (Ord. 5286, 6-1-2015) 4-4-5: Reserved. (Rep. by Ord. 4482, 5-29-2001) 4-4-6: STORAGE REGULATIONS: A. General: All accumulations of refuse and trash shall be stored or placed for collection in accordance with the following provisions: 1. Public Streets And Private Property: No person shall place any refuse or trash in any street, median strip, alley or other public place of travel, nor upon any private property except as stated herein. 2. Blockage Of Storm Drains: No person shall place any refuse, trash, refuse receptacles or containers on any storm drain or so close thereto as to be drawn by the elements into same. (Ord. 2958, 3-17-1978) 3. Unauthorized Accumulations: Any unauthorized accumulation of garbage, refuse or yard waste on any lot, property, premises, public street, alley or other public or private place is hereby declared to be a public nuisance and is prohibited. Failure of the owner or occupant to remove and correct any such unauthorized accumulation of refuse shall be deemed a violation of this chapter. (Ord. 4034, 8-22-1994) 4. Junk: It shall be unlawful for any person to place or leave outside any building or dwelling any dilapidated furniture, appliance, machinery, equipment, building material or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition, and which is not completely enclosed within a building or dwelling. Any such item or items which remain on the property of the occupant for a period of ten (10) days after notice of violation of this subsection shall be presumed to be abandoned and subject to being removed from the property by the city without further notice. This does not preclude the code enforcement officer from granting an extension to abate the violation after giving consideration to the totality of the circumstances, including, but not limited to, the weather, feasibility of abatement within ten (10) days of the notice, any past dealings with the violator and the type of items involved in the violation. This shall not apply to authorized junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment. (Ord. 4443, 11-6-2000) 14 Page 218 of 251 5. Appliances: It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or other container of any kind which has an airtight snap lock or similar device, without first removing the lock or door from said appliance, refrigerator or container. This provision shall not apply to any appliance, refrigerator or container which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof. B. Business Establishments: All business establishments shall store their refuse in containers as specified herein so as to eliminate wind driven debris and unsightly litter in and about their establishments. Approved methods of containerization include refuse receptacles, bulk containers and detachable containers. The number of containers necessary for each business establishment shall be as required to maintain clean, neat, sanitary premises as directed by the health department. (Ord. 2958, 3-27-1978) 4-4-7: JUNK MOTOR VEHICLES: A. Definitions: ACTIVELY RESTORED: A vehicle is being actively restored when the owner of the vehicle or premises on which the vehicle is located has, within the last sixty (60) days, spent at least ten (10) hours of labor in the repairing, rebuilding or reconstruction of the motor vehicle for the purpose of restoring it to running condition. The burden shall be on the owner to prove that it is being actively restored, and such proof may include receipts for the purchase of parts and supplies during the last sixty (60) days, which have been or are being installed in the vehicle. CODE ENFORCEMENT OFFICER: The duly authorized person charged with enforcing the provisions of this chapter and this code, as designated by superintendent of waste management services. ENCLOSED BUILDING: Any structure or portion thereof built for the enclosure of property containing a roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property the contents thereof. JUNK MOTOR VEHICLE: Any unlicensed motor vehicle stored within the corporate limits of the city, and/or which has any of the following characteristics: 1. The vehicle has become the habitat of rats, mice, snakes or any other vermin or insects. 2. The vehicle lacks an engine or one or more wheels or tires or other structural parts which render said motor vehicle totally inoperable or unable to move under its own power. 3. The vehicle, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety. SPECIAL INTEREST VEHICLE: Any vehicle, other than a utility trailer, commercial vehicle, or recreational vehicle, which has been designed for, or modified for, personal hobbies such as track racing, off road driving or other similar activities, and which cannot be licensed for highway use. UNLICENSED VEHICLE: Any vehicle that is required to be licensed if it is operated on a public street or highway, but which is not displaying a valid and current license. For the purposes of this chapter, a valid current license shall not be required of a vehicle that is stored in a fully enclosed structure. Vehicles registered with the treasurer's office as being "in storage" shall not constitute a valid and current license and any such vehicle must be stored in a fully enclosed structure, except as provided for a vehicle being actively restored. 15 Page 219 of 251 VEHICLE: Every device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof. B. Nuisance Declared: Except as hereinafter provided, it is hereby declared that the unlawful storage of a junk motor vehicle upon either public or private property within the corporate limits of the city constitutes a threat to the health and safety of the citizens and is a nuisance. If any junk motor vehicle is unlawfully stored upon private property in violation hereof, the owner of said vehicle and the owner of the property shall be liable for said violation. C. Notice Of Violation: Upon discovery of any junk motor vehicle stored upon private property within the corporate limits of the city, the code enforcement officer shall notify the owner of the junk motor vehicle, all lienholders, if they can be identified, and the owner of the property by one of the following methods: 1) by delivering a copy of the notice to the individual personally; or 2) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; or 3) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; or 4) by sending a copy thereof by certified mail, return receipt requested; or 5) by sending a copy thereof by first class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subject property. If mailed, then notice shall be deemed given when mailed. If notice by certified mail is returned undelivered by the U.S. post office, action to abate the nuisance shall be continued to a date not less than ten (10) days from the date the notice is returned. This notice shall contain the following information: 1. That the junk motor vehicle constitutes a nuisance under the provisions of this section; 2. A description, to the extent possible, of the year, make, model, color and location of the vehicle; 3. That the owner of the junk motor vehicle and/or property owner must remove the junk motor vehicle or correct the violation in accordance with this section; 4. That failure to comply with the provisions of this section within ten (10) days from the date of mailing of notice, the owner of the junk motor vehicle and the property owner shall be liable for the violation; 5. That the junk motor vehicle will be removed by the city and impounded at the owner's expense; 6. That if the junk motor vehicle is not redeemed within thirty (30) days after notice and impoundment, and no hearing is requested pursuant to the provisions of subsection H of this section, the owner of the junk motor vehicle, the property owner and the lienholders shall be deemed to have abandoned the vehicle and shall no longer have any right, title, claim or interest in or to the junk motor vehicle; and 7. That the persons to whom the notices are directed may request a hearing pursuant to the provision of subsection H of this section. D. Abatement: If the owner of the vehicle or the owner of the property upon which the junk motor vehicle is located fails to remove or repair the vehicle in accordance with the terms of the provisions of this section, the code enforcement officer shall abate such nuisance by causing the junk motor vehicle to be removed and impounded and, unless the vehicle is redeemed, sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the junk motor vehicle and/or the owner of the property. E. Redemption Of Impounded Vehicle; Fees: Within thirty (30) days after the impoundment of any junk motor vehicle under this section, the owner thereof may appear and claim the same on proof of ownership and payment of an impoundment fee, and towing and storage charges, at which time the vehicle shall be released. If at the end of thirty (30) days, no owner claims the junk motor vehicle in 16 Page 220 of 251 the manner required by this subsection, the owner of the junk motor vehicle shall be deemed to have abandoned the vehicle and shall no longer have any right, title, claim or interest in or to the junk motor vehicle. During said period of impoundment, the impoundment facility upon which the junk motor vehicle is being stored shall be responsible for the vehicle. F. Duty Of Owner To Remove Or Repair: The owner of a junk motor vehicle or property owner who violates the provisions of this section shall, within ten (10) days after receipt of the notice of violation, remove the junk motor vehicle to one of the areas provided in subsection G of this section, or repair the defects which caused such vehicle to violate the provisions of this section. If a hearing is requested under subsection H of this section, the duty of the owner to remove or repair the junk vehicle shall be suspended pending the decision. G. Exceptions: The terms and provisions of this section shall not apply to: 1. Any person or any agent thereof that is duly licensed by the city, as a salvage yard operator in full compliance with all of the ordinances of the city, and the laws of the state. 2. Any junk motor vehicle that is stored within an "enclosed building" as defined in this section. 3. Businesses or operators of businesses engaged in the towing, repairing or storing of junk motor vehicles, motor vehicles, construction or heavy industrial equipment or machinery, if the business is otherwise in full compliance with all ordinances of the city and the laws of the state. 4. Any junk vehicle that is either an antique (1972 model year or older) that is being actively restored or an operable special interest vehicle, or a special interest vehicle that is being actively restored, and in any case when stored in a rear or side yard and fully enclosed behind a solid fence at least six feet (6') in height that completely obscures a view of the vehicle from adjacent public or private property. None of the exceptions set forth in this subsection shall exempt a junk vehicle stored on a trailer, regardless of whether the trailer is licensed and operable, unless stored within an enclosed building. H. Hearing: 1. Any person ordered to abate a nuisance or condition may request a hearing before a committee of the city council appointed by the mayor, or an official of the city designated by the committee of the city council, to determine whether a nuisance or prohibited condition exists. 2. A request for a hearing shall be made in writing and filed with the city clerk and the code enforcement officer within the ten (10) day limit, or: a. The right to a hearing shall be considered waived, and b. It will be conclusively presumed that the nuisance or prohibited condition exists and it must be abated as ordered. 3. The city clerk shall, within fifteen (15) days after the filing of the request for hearing, fix the time and place of hearing, which shall be within thirty (30) days of the filing of the request. 4. At the conclusion of the hearing, the committee of the city council, or its designee, shall render a written decision as to whether a nuisance exists. If a nuisance is found to exist, it shall be ordered abated within a reasonable time. 5. This decision shall be final. I. Prima Facie Presumption: In any proceeding charging a violation of this section, proof that the particular vehicle described in the information was stored in violation of this section, together with proof that the defendant named in the information was the registered owner of the vehicle or the 17 Page 221 of 251 owner of the property on which said junk motor vehicle was unlawfully stored at the time of the alleged violation, shall constitute prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this section or allowing the violation to occur. J. Penalty: Any person violating this section or any provisions thereof, or who fails to comply with any order of the code enforcement officer or who interferes with or obstructs the code enforcement officer in his investigation shall be guilty of a simple misdemeanor and upon conviction thereof may be fined as provided in the general penalty in section 1 -3-1 of this code. Each day that a violation occurs constitutes a separate offense. K. Municipal Infraction: Violation of the provisions of this section may also be considered a municipal infraction, as provided in section 1-3-2 of of this code. (Ord. 5286, 6-1-2015) 4-4-8: PARKING LOTS: A. Obligation To Furnish Receptacles: All parking lots and establishments with parking lots shall provide refuse receptacles distributed within the parking area. The health department shall have the authority to determine the number of receptacles necessary to provide proper containerization. It shall be the responsibility of the owner or the manager of the parking lot to collect the refuse and trash deposited in such containers so as to avoid spillage and overflow and store this material in an approved location as hereinabove defined. B. Obligation To Use Receptacles: It shall be the obligation of all persons using parking areas to use such refuse receptacles or containers as hereinabove provided for the purposes intended; and it shall be unlawful for any person or persons to dump, scatter or throw upon any such parking lot any refuse, garbage or trash of any kind. (Ord. 4034, 8-22-1994) 4-4-9: CONSTRUCTION AND DEMOLITION SITES: All construction and demolition contractors shall provide such on site refuse receptacles, bulk containers or detachable containers for loose debris, paper, building material waste, scrap building materials and other trash produced by those working on the site as the health department and the building inspection department shall determine necessary to provide proper containerization. Any construction or demolition site shall be kept in reasonably clean and litter free condition. Dirt, mud, construction materials or other debris deposited upon any public or private property as a result of construction or demolition shall be immediately removed by the contractor. In addition to any other remedy, code enforcement and the departments of health and building inspection are hereby empowered to issue a civil citation to a violator of this section, and in said citation shall assess a penalty of fifty dollars ($50.00). Each day during which such violation shall occur shall constitute a separate and distinct offense. (Ord. 4034, 8-22-1994) 4-4-10: Reserved. 4-4-11: PROHIBITED ACTS AND CONDITIONS: A. Scattering Of Refuse And Litter: It shall be unlawful for any person to: 1. Scatter refuse, garbage or yard waste about or litter any public or private street or area or place; 2. Cast, throw, place, sweep or deposit anywhere within the city any refuse, trash, garbage or yard waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises within the city; 18 Page 222 of 251 3. Throw or deposit any refuse, garbage, yard waste or debris in any stream or body of water. Any person violating the provisions of this subsection A may be subject to a fine of up to five hundred dollars ($500.00) for a first offense, and up to seven hundred fifty dollars ($750.00) for any subsequent offense. (Ord. 4342, 2-22-1999) B. Sunken Receptacles: Refuse contained in sunken or underground receptacles will not be collected by the city. (Ord. 2958, 3-27-1978; amd. Ord. 4034, 8-22-1994) 4-4-12:Reserved: (Rep. by Ord. 4540, 2-25-2002) 4-4-13: NOTICE OF VIOLATION: Notice of a violation of this chapter or to abate the violation may be by personal service, certified mail, or by a dated and signed placard which is posted in a conspicuous place on each parcel of property found to be in violation of this chapter, stating that the property is in violation of this chapter and that failure of the owner or occupant to abate the violation within ten (10) days of the date on the placard may result in the city's abating the violation and assessing the costs and any administrative fees to the property, to the property owner, or both. In addition to the placard, a notice of violation shall be sent by regular mail to the owner of record as maintained by the county assessor. The ten (10) day abatement period shall be from the date of personal service, date of receipt of the certified mail, or date of posting of the placard. If the notice concerns a violation of subsection 4-4-4C of this chapter, the city may abate the violation by impounding the vehicle, and the owner may recover the vehicle upon satisfactory cleanout of the vehicle by the owner and payment of all applicable fines, fees and costs of towing and impoundment. If no owner claims the vehicle within thirty (30) days after notice and impoundment, the owner shall no longer have any right, title, claim or interest in or to the vehicle and its contents, and the vehicle may be disposed of as provided by Iowa law governing abandoned vehicles, currently codified at section 321.89 of the code of Iowa. During the period of impoundment, the impoundment facility at which the vehicle is being stored shall be responsible for the vehicle. (Ord. 5286, 6-1-2015) 4-4-14: VIOLATION; PENALTY: Any person violating or failing, refusing or neglecting to comply with any provisions or requirements of any section or subsection of this chapter, with the exception of subsection -4-11A of this chapter, in addition to any other remedy, shall be guilty of a municipal infraction and subject to the fines set out in subsection °1 -3-2C of this code, in addition to all of the remedies available under Iowa Code 364.22, including, but not limited to, ordering the defendant to abate or cease the violation, authorizing the city to abate or correct the violation and ordering that the city's costs for abatement or correction of the violation be entered as a personal judgment against the defendant and/or assessed against the property where the violation occurred, or both. (Ord. 4423, 6-26-2000; amd. 2001 Code) 19 Page 223 of 251 CITY OF WATERLOO Council Communication Request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District, located at and adjacent to 2036 Ashland Avenue. City Council Meeting: 11/4/2019 Prepared: 10/23/2019 REVIEWERS: Department Reviewer Action Date PPanninn g &. Zoning Schroeder, ..tic Approved. 10/23/2,019 - 9:58 ..M. (1.1erlk Office p^"vent p:,eAnn.Approved. 10/23/2,019 ... 1O 08 AM. ATTACHMENTS: Description Type D ((')n.an en Packet Cover i\4en.no D Legal Description. (over Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion to receive, file, consider, and pass for the second 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 properties located at and adjacent to 2036 Ashland Avenue. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District located at and adjacent to 2036 Ashland Avenue. At their October 1, 2019 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request. None N/A Zoning, Land Use and Economic Development. The applicant is requesting to rezone property in order to build homes on each of the adjacent parcels. The proposal would not appear to have a negative impact on the surrounding area as there is several homes in the area and properties across the street on Page 224 of 251 Background Information: Ashland are also zoned "R-2". The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The site is served by Ashland Avenue and Midland Street which are local roads. The nearest recreational trail is the Donald Street Trail which is located approximately 0.19 miles to the south. 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 — Residential zoned "A-1" Agricultural District. South — Residential zoned "A-1" Agricultural District. East — Residential zoned "R-2" One and Two Family Residence District. West — Residential zoned "R-2" One and Two Family Residence District. No buffers would be required for this request. Rezoning the land would 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 0186F, dated July 18, 2011. The nearest Elementary School is Lincoln Elementary School which is located 1.03 miles to the southwest, George Washington Carver Middle School which is located 0.92 miles to the southeast, and East High School which is located 2.30 miles to the southeast. The nearest open space is Ray Tiller Park which is located 0.19 miles to the southwest. There is water main that runs in Ashland Avenue from Donald Street to Midland Street then on Midland Street to the west. There is no sanitary or storm sewer in the area. The proposed homes will be served by septic systems. The Future Land Use Map designates this area as Low Density Residential The applicant is requesting to rezone approximately 8.054 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District in order to build two single family homes on the adjacent parcels. While the east side of Ashland Avenue is zoned "A-1" Agricultural District, the west side is zoned "R-2" and along with homes on the west side of Fairview Avenue which backs to the properties on the east side of Ashland. It would appear that this rezoning request would be in keeping with the character of the neighborhood. During Tech Review Gentz asked if septic's will be approved in this area to which Schroeder said he did not see a problem but noted that it would be nice to be able to get sewer out to this area for future development. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Linda Woock to rezone approximately 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of two single family homes at 2036 Ashland Avenue and the adjoining properties 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 Page 225 of 251 Legal Descriptions: surrounding area. 3. Homes on the west side of Ashland Avenue and on the west side of Fairview are also zoned "R-2" One and Two Family Residence District, and the request would appear to be in character with the area. Lot 13, and all of Lot 14 except the South 80', Cushman Heights, Waterloo, Black Hawk County, Iowa Page 226 of 251 October 1, 2019 REQUEST: APPLICANT: GENERAL DESCRIPTION: Request by Linda Woock to rezone 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District located at and adjacent to 2036 Ashland Avenue. Linda Woock, 2036 Ashland Avenue, Waterloo, IA 50703 The applicant is requesting to rezone property in order to build homes on each of the adjacent parcels. IMPACT ON The proposal would not appear to have a negative impact on the NEIGHBORHOOD & surrounding area as there is several homes in the area and SURROUNDING properties across the street on Ashland are also zoned "R-2". 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 Ashland Avenue and Midland Street which are local CONDITIONS: roads. RELATIONSHIP TO The nearest recreational trail is the Donald Street Trail which is RECREATIONAL located approximately 0.19 miles to the south. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area is zoned "A-1"Agricultural District and has been zoned as FOR SITE AND such since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Surrounding land uses and their zoning are as follows: North — Residential zoned "A-1" Agricultural District. South — Residential zoned "A-1" Agricultural District. East — Residential zoned "R-2" One and Two Family Residence District. West — Residential zoned "R-2" One and Two Family Residence District. DEVELOPMENT The area is comprised of residential built between 1899 and 1986. HISTORY: BUFFERS/ No buffers would be required for this request. SCREENING REQUIRED: DRAINAGE: Rezoning the land would 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 0186F, dated July 18, 2011. PUBLIC /OPEN The nearest Elementary School is Lincoln Elementary School SPACES/ SCHOOLS: which is located 1.03 miles to the southwest, George Washington 2036 Ashland and adjoining lots — Al to R2 PgDge227 of 251 October 1, 2019 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Carver Middle School which is located 0.92 miles to the southeast, and East High School which is located 2.30 miles to the southeast. The nearest open space is Ray Tiller Park which is located 0.19 miles to the southwest. There is water main that runs in Ashland Avenue from Donald Street to Midland Street then on Midland Street to the west. There is no sanitary or storm sewer in the area. The proposed homes will be served by septic systems. The Future Land Use Map designates this area as Low Density Residential. The applicant is requesting to rezone approximately 8.054 acres of land from "A-1" Agricultural District to "R-2" One and Two Family Residence District in order to build two single family homes on the adjacent parcels. While the east side of Midland Avenue is zoned "A-1" Agricultural District, the west side is zoned "R-2" and along with homes on the west side of Fairview Avenue which backs to the properties on the east side of Midland. It would appear that this rezoning request would be in keeping with the character of the neighborhood. During Tech Review Gentz asked if septic's will be approved in this area to which Schroeder said he did not see a problem but noted that it would be nice to be able to get sewers out this area. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by Linda Woock to rezone approximately 8.054 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of two single family homes at 2036 Ashland Avenue and the adjoining properties 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. 3. Homes on the west side of Ashland Avenue and on the west side of Fairview are also zoned "R-2" One and Two Family Residence District, and the request would appear to be in character with the area. 2036 Ashland and adjoining lots — Al to R2 PgDgtc22V of 251 City of Waterloo Planning, Programming and Zoning Commission October 1, 2019 C-2 R-3 W'DONALD ST. ............ NMI s'. Qv ROCA LN MIDLAND ST I:: MIDLAND ST r > > Q R_1� z o Q Lu w Q R-P I:o z cc w Q •? 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WWIW ulupii11 1111 tl1j'111i11111i IIIIII Ii tl111„u u1U1U11111" ' '111tl111 luu1W11 lull) 1 1 W III1161WMilu111111111I1111IIIIIp°9N' 1111111111111 ➢ I11I'jjil�Ii11111i1I i1111IV�111 uuuuuWuuuuuul�uuuuuuuy1 001 41111111111000111111 ly1 1i1Vu llu1uuuuuu111111111 1111iuu 1111111, luuuuu 11111 111111111,uu1111 1111111 ,xu„�l01ul1l1 mnu1P Area to be Rezoned III V' I�IIII^^' 1Il1I'1, °11p Y,l 1i1 1,°N,'1IIM'A 1111, 1 111'u1111V1' "11I11111,11 16, 1111111 wl' y1111��µ '1 m ''1111' I uilillli VIII IIIIIIIIIIuuu�M uu 1 uuuuuu u 1 u11 tlllli 1111'I'u 1i1 u11 umiiiullllliiiiiiiiiiuluiiu um11 Illiumuull 1111umuuuuulu'1lui 1^^1 1111pI;1;1�1WRo� 1IIIIII,1"1Ydimii°ii I1 1 u111V °Ipuuu11III �VIII1111111111111111111u61 III III 11111111I,1u11111„'m111'u11 1111 J11uuIIIIl111IIIIIIVIIIIIIIIIIIIl1IIl1IIIW ''11u 1111�I11Imo 111I11 m IIVIolIN1 i i111"11 1II' I I qi I Wlulll 11111,111 1'11111 IIIIIIIIIIII 11Wo111111111IWIIMo'' p1111 111110011"1111111111110 I 1I1U°I'V1�� N1uuu11 'NIiiNV,yu111iIIIuy lVuu"IIIIIII um liiu 111 I'�o1, I IIIIIIII uulllll M1;IMI'11p,IjIIUVIIpIIIIlI 11^ 10° 1111111,111111111111111111111111 l' 111uiiiuuuVl� plilgpll (IIII mpuuuh , 1 1111uuuuuumpy °'1111I p 11111 p d 11I 1lllullll Iml,uumyuuuuuuulllllluu 1iu11I ui111111uu111111111um111""111u11Vpuudl 1 m1u 1 1111� u1 a U16 11'1111111M11111i N11 uuu °1M Iu1 1111, P1 11 w u11V1 1u1�11u11 1111 NN �61 1 ^'h 111d6um11M°°...IIuu111111111VN111.i .�� 1 1. 11 1luuoil 11111111111111 2036 Ashland and adjoining properties Rezone from "A-1" to "R-2" Linda Woock Page 230 of 251 30 September 2019 Planning, Programming & Zoning Commission City of Waterloo 715 Mulberry St. Waterloo, IA 50703 We received notification of a request by Linda Woock to rezone approximately 2036 Ashland and two adjacent lots from "A-1" Agricultural District to "R-2" One and Two Family District to allow for construction of two single family homes. Enclosed is our list of concerns and/or questions about the requested rezoning. We are providing this to you in writing in case we are not able to attend the meeting on Tuesday, October 1' Sincerely, (IAA. Dennis Clark & Mary Eldridge 2204 Ashland Ave Waterloo, IA 50703 Page 231 of 251 ZONING concerns, questions The proposed housing really challenges the existing neighborhood's "acreage living" atmosphere. How will be our responsibilities, being in the Agricultural zoned area, be affected if the R-2 zoning is approved? Waterway / drainage: A natural water drainage basin for rainfall, snow melt, etc. comes from north of Airline Hwy, runs south into a wetland owned partly by a private land owner and partly by Allen/Unity Point Hospital, then continues south into a wetland/pond at our address (2204 Ashland Ave), then from there south into a pond at the East boundary of the property named in the zoning request, then continues south to Donald St and beyond.., Each of these ponds/wetlands is important to mitigating the impact of the flow of rainfall and snowmelt. Concern: If one or more new home -owner of the property where the rezoning is requested would decide to fill in or dam up the pond or otherwise impede the waterway, it would have a negative effect on properties located to the north and south, and could also cause problems with Donald Street itself. Would it be possible to have something in writing added to the zoning change (if approved) that would insure this would not be allowed to happen? Is the plan for a total of 3 houses, including the one presently on the site? This will cause additional water run-off from roofs and possible harm from septic tanks/fields to the waterway. Why is a zoning change necessary? Would it ever be able to go back to Agricultural? Would the lots go from Ashland Ave all the way East to the current lot boundary? Will this affect property taxes in the area? Have there been previous requests by others for similar zoning changes in this area? Affect to the roads? Would it cause changes to be made to Ashland? Or Midland? Will any of the houses have access onto Midland? Would it be possible for the agricultural zoning to stay on the Waterway portion of the proposed zoning change area, to protect the unique supporting habitat? Are there examples of similar "agricultural to residential" zoning changes which have been made in this area? Dennis Clark Mary Eldridge 2204 Ashland Ave Waterloo, IA 50703 Page 232 of 251 Responses to ZONI G concerns, questions How will be our responsibilities, being in the Agricultural zoned area, be affected if the R-2 zoning is approved? The change in zoning will have no impact on responsibilities. Your property zoned "A-1" Agricultural District already adjoins property to the east and south that is zoned "R-2" One and Two Family Residence District. Waterway / drainage: A natural water drainage basin for rainfall, snow melt, etc. comes from north of Airline Hwy, runs south into a wetland owned partly by a private land owner and partly by Allen/Unity Point Hospital, then continues south into a wetland/pond at our address (2204 Ashland Ave), then from there south into a pond at the East boundary of the property named in the zoning request, then continues south to Donald St and beyond... Each of these ponds/wetlands is important to mitigating the impact of the flow of rainfall and snowmelt. Concern: If one or more new home -owner of the property where the rezoning is requested would decide to fill in or dam up the pond or otherwise impede the waterway, it would have a negative effect on properties located to the north and south, and could also cause problems with Donald Street itself. Would it be possible to have something in writing added to the zoning change (if approved) that would insure this would not be allowed to happen? Either the current property owner, or a future property owner would be responsible to follow all drainage laws and DNR wetland requirements. It is possible for the Planning and Zoning Commission to recommend approval with conditions, and such conditions could address drainage or wetland issues. Is the plan for a total of 3 houses, including the one presently on the site? This will cause additional water run-off from roofs and possible harm from septic tanks/fields to the waterway. The property owner has indicated that they would like to build two additional houses in addition to the existing house. One would be to the north of the existing house, and one would be to the south. We do not anticipate any concerns with water runoff from three homes on 8.054 acres. Septic tanks will have to be in accordance with the requirements of the Black Hawk County Health Department. Why is a zoning change necessary? The property owner is requesting to build two additional houses. No additional houses are allowed to be constructed in the current "A-1" Agricultural District; therefore, the zoning change is necessary to build the additional homes. Would it ever be able to go back to Agricultural? It could be requested to be rezoned back to Agricultural, but if the two additional homes are built, rezoning of the land back to "A-1" Agricultural District would make the homes be a non -conforming use as opposed to a legally permitted use. Would the lots go from Ashland Ave all the way East to the current lot boundary? At this point, the property owner is just requesting the property be rezoned, and they have not yet submitted a plat to show how the parcels would lay out. We would anticipate that the parcels would extend all the way to the current east boundary line. Page 233 of 251 Will this affect property taxes in the area? The action of rezoning the land will not affect property taxes inthe area. Construction of new homes could have an affect on assessed values in the area, which assessed values affect property taxes. VVewould recommend you have aconversation with the Black Hawk County Assessor's Office for more information regarding assessed values and the potential impacts that new dwellings may have onother assessed values inthe area. Have there been previous requests by others for similar zoning changes in this area? In the surrounding area, the areas that are currently zoned "R-2" One and Two Family Residence District have been zoned assuch since the adoption ofthe Zoning Ordinance in1969. There have been nosimilar rezone requests inthe area. Affect to the roads? Would it cause changes to be made to Ashland? Or Midland? There are no known affects to the roads, and we would not expect there to be any changes to Ashland or Midland. Will any of the houses have access onto Midland? There is no portion of public Midland St that extends east ofAshland Avenue. There isaprivate Midland Stthat extends east ofAshland Avenue across private property just north of the property in question. We would not anticipate that any homes would gain access from private Midland St, unless they have an agreement with the owners of the street. Would it be possible for the agricultural zoning to stay on the Waterway portion of the proposed zoning change area, to protect the unique supporting habitat? It is possible, but the property owner is requesting torezone the entire property. Rezoning ofthe area would not appear tohave any impact on protecting the area, and the area can equally be protected in the "R'2" One and Two Family Residence District. Much of the "waterway/wetland/pond" area on adjacent properties is already zoned "R-2" One and Two Family Residence District. Arethereexamp|esofsimi|ar"aRhcuhura|toreddentia|"zonin0chanQesvvhichhavebeenmadeinthis area? As noted above, there are not any examples of similar zoning changes in this area, because the surroundin8areasthatarezoned"R'2"OneandTwoFami|yResidenceDistricthavebeenzunedasuuch since adoption of the Zoning Ordinance in 1969, and no one has requested that the areas currently zoned "Arl"AQricu|tura| be rezoned. These questions were provided in a letter dated September3O 2019 signed by Dennis Clark & Mary Page 234 of 251 Rezone — 2036 Ashland and adjacent lots Looking south from Midland Street toward the existing house at 2036 Ashland Avenue. W, m�� rcuo NIIy VII�N'iiii'uii'V'ulVw,!,�dPVu;�� ru�p,�Vu��+m'mm,'I'IIY�i.d�",�+' min i� 41�. NdW iu'''�,.,4°' qmAti Looking southeast at the lot north of 2036 Ashland Avenue. ,9dJ�o'��0��m'y�j��,,"'"'4;�ifi,"uuIIIIII"''""w��"��"'i'��I�i�i!ul��'u��,�.,u i"i'000 I III �IHIOIINw w� ��I ,""�°Iwi�wwgl°�ryimrv�o"� 2036 Ashland Avenue. llllflllllllll „pplll1')',1':1 Lot south of 2036 Ashland and the adjacent property. Page 235 of 251 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.. APPLICATION INFORMATION: a. Applicant's name (please/print): e_t L) Address: / 5/^74" t Q O'^^4Phone: ""; ,/^ ,,,,,714^;?,,2 c"),^^.2 >4) Fax: City: L State: Zip: b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name ifdifferent han above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 41V)c wol)(."( ) tcto.4 co) ..ret (:)(1( Ce.„1 .4 "k""\ '1/4. CA. VI.d. C,Ckflt"." b. Legal description of property to be rezoned: I, (t 1 co, 1 1,-() C (-7 oF„LO ^,^ . v evi. et 6-1 "4 6,1 LeL ) en, "fl So a C,',„7, c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): ii7Li K L's2 d. Area of Proposed Zoning Boundary (Excluding Right of Way): 7 e. Current zoning: - Qr „Q„7, t Requested zoning: f. Reason(s) for rezoning and ^ oposed use(s) of property: kh g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of 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. S'ignature of Applicant Date Signature of Owner Page 236 of 251 Legal Description Lot 13, and all of Lot 14 except the South 80', Cushman Heights, Waterloo, Black Hawk County, Iowa Page 237 of 251 CITY OF WATERLOO Council Communication An ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions,and repealing Ordinance No. 5515. City Council Meeting: 11/4/2019 Prepared: 7/17/2019 ATTACHMENTS: Description Type D Ordinance ace B<ack:up Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Motion to receive, file and consider, and pass for the third time and adopt an ordinance amending the City of Waterloo Code of Ordinances by adding a new Title 5, Police Regulations, Chapter 3, Human Rights, Section 15, Unfair Use of Criminal Record in Hiring Decisions, and repealing Ordinance No. 5515. Submitted By: Abraham L. Funchess, Jr., Human Rights Director Approve the Fair Chance Initiative. This ordinance is recommended for both public and private employers. In the absence of this kind of ordinance, employers "exclude candidates who have any sort of criminal record, which can include misdemeanors, arrests that did not result in a conviction, and convictions for crimes not relevant to the job..." $0 N/A N/A N/A This ordinance is recommended for both public and private employers. In the absence of this kind of ordinance, employers "exclude candidates who have any sort of criminal record, which can include misdemeanors, arrests that did not result in a conviction, and convictions for crimes not relevant to the job..." Page 238 of 251 5-3-15: UNFAIR USE OF CRIMINAL RECORD IN HIRING DECISIONS: A. Definitions: As used in this section, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this subsectiom. Except andefined in this subsection A, definitions of words and phrases set forth in 5-3-2 shall apply in this section. 1. Adverse hiring decision: Arefusal hzhire onapplicant nrthe revocation ofoconditional offer of employment hoanapplicant. 42. Applicant: Any person considered orwho requests hobeconsidered for employment byon employer. -23. Arrest: The taking of a person into custody when and in the manner authorized by law or military authority due to an accusation or suspicion that the person committed a crime. 34. Conviction: Any adjudication of guilt or sentence arising from a verdict or plea of guilty or no contest or the equivalent in relation to a crime, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of unconditional discharge, or a diversion program. 45. Criminal record: Information regarding aconviction, arrest orpending criminal charge. 56. Employer: Any person, partnership, company, corporation, labor organization or association which regularly employs one or more persons within the City nfWaterloo, including the City ofWaterloo, its departments, bnandn, commissions and agencies, except the following: , Job placement -and referral agencies andai employe*s-fef private nto /s prostitution, pimping, pandering, assault, domestic violence, kidnapping, financial exploitation, neglect, abandonment, and child endangerment. d. Situations where an employer must comply with any federal or state law or regulation pertaining to background checks and the criminal conduct is relevant to the applicant's fitness for the job. 4011. Pending criminal charge: Anexisting accusation that aperson has committed acrime, lodged by a prosecutor, law enforcement agency or military authority through an indictment, information, complaint or other formal charge, where the accusation has not yet resulted in a final judgment, acquittal, conviction, plea, dismissal orwithdrawal. B. Prohibited Use ofCriminal Record Information: |nconnection with the employment ofany person, it shall be an unlawful discriminatory practice for an employer to include a criminal record inquiry on any application. It shall further be an unlawful discriminatory practice for an employer who employs fifteen (15) or more persons, but not private schools providing a regular course of instruction for any part of kindergarten through high school education, to engage in any of the following activity: 1. To make any inquiry regarding, or to require any person to disclose or reveal, any convictions, arraato, or pending criminal charges during the application pr000no, including but not limited tu any interview. The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has extended a conditional offer of employment tothe applicant. |fthe applicant voluntarily discloses any information regarding his or her criminal record at the interview, the employer may discuss the criminal record disclosed by the applicant. 2. To make an adverse hiring decision based solely on the applicant's record of arrests or pending criminal charges that have not yet resulted inaconviction. 3. To make an adverse hiring decision based on any criminal records which have been lawfully erased or expunged, which are the subject of an executive pardon, or which were otherwise legally nullified. 4. To make an adverse hiring decision based on an applicant's criminal record without a legitimate business reason. C. Handling ofCriminal Record nN+#4ma*m*: Employers shall comply with any obligations arising under federal or state law relating to authorization for background checks, notifying applicants about adverse hiring decisions based on an applicant's criminal record, and any other matters involving the use of criminal record information. D. Enforcement: Any complaint alleging a violation of this section shall be filed within the tirne provided in5-3-1O. Upon certification by the commission of an affirmative finding of probable cause that an employer has committed u violation of this section, the commission ahuU refer the complaint and probable cause finding to the city attorney for review, together with a recommendation as to the amount ofafine toboassessed. Upon determination that the complaint meets the requisite standard of proof, the city attorney shall issue a municipal infraction citation against the employer. Ahrot offense shall be subject to a fine of up to $750.00, and a repeat offense within a period of three years shall besubject toofine ofupto$1.00O.O0. Fines shall bepayable tothe complainant. For purposes ofenforcing this oeution, the provisions ofsections 5-3-10.O. 5-3-10.E, 5-3-10.F. 5-3-11, 5- 3-12and 5-3-13shall not apply. GE. Effect nn Other Laws; No Private Rights: This section shall not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment ofan applicant. Nothing in this section shall be construed to create a private right ofaction to seek damages or other relief ofany kind. F. This section shall beeffective July 1'2020. 2 Page 240 of 251 Amendments to Code of Ordinances § 5-3-15 (Unfair Use of Criminal Record in Hiring Decisions) 1. Add the following language at the end of subsection A: "Except as defined in this Subsection A, definitions of words and phrase set forth in 5-3-2 shall apply in this section." 2. Add a new definition as paragraph 1 of subsection A: "Adverse hiring decision: A refusal to hire an applicant or the withdrawal or revocation of a conditional offer of employment to an applicant." 3. Renumber all subsequent paragraphs of subsection A, after new paragraph 1. 4. In paragraph 6 (formerly paragraph 5) of subsection A, strike "fifteen (15)" and substitute "one (1)" in its place. 5. Strike paragraph 6 of subsection A and substitute the following: "Employer: Any person, partnership, company, corporation, labor organization or association which regularly employs one (1) or more persons within the City of Waterloo, including the City of Waterloo, its departments, boards, commissions and agencies, except the following: (a) the United States or any of its political subdivisions, (b) the State of Iowa or any of its political subdivisions other than the City of Waterloo, such as, but not limited to, Black Hawk County, the Waterloo Community School District, and Hawkeye Community College, and (c) employers who are required by federal or state law or regulation to make an inquiry on an application or in an interview." 6. In subparagraph b of paragraph 10 (formerly paragraph 9) of subsection A, strike "A.9" and substitute "A.10" in its place. 7. Change the first unnumbered paragraph of subsection B to read as follows (new language is underlined for identification purposes and will not be underlined in the ordinance): "In connection with the employment of any person, it shall be an unlawful discriminatory practice for an employer to include a criminal record inquiry on any application. It shall further be an unlawful discriminatory practice for an employer who employs fifteen (15) or more persons, but not private schools providing a regular course of instruction for any part of kindergarten through high school education, to engage in any of the following activity:" 8. Change paragraph 2 of subsection B to add the following language at the end: "that have not yet resulted in a conviction." 9. Add a new subsection C as follows: "Handling of Criminal Records: Employers shall comply with any obligations arising under federal or state law relating to authorization for background checks, notifying applicants about adverse hiring decisions based on an applicant's criminal record, and any other matters involving the use of criminal record information." 10. Add a new subsection D as follows: "Enforcement: Any complaint alleging a violation of this section shall be filed within the time provided in 5-3-10. Upon certification by the commission of an affirmative finding of probable cause that an employer has committed a violation of this section, the commission shall refer the complaint and probable cause finding to the city attorney for review, together with a recommendation as to the amount of a fine to be assessed. Upon determination that the complaint meets the requisite standard of proof, the city attorney shall issue a municipal infraction citation against the employer. A first offense shall be subject to a fine of up to $750.00, and a repeat offense within a period of three years shall be subject to a fine of up to $1,000.00. Fines shall be payable to the complainant. For purposes of enforcing this section, the provisions of sections 5-3- 10.D, 5-3-10.E, 5-3-10.F, 5-3-11, 5-3-12 and 5-3-13 shall not apply." 11. Renumber original subsection C as subsection E. 3 Page 241 of 251 12. In subsection E as renumbered, add "No Private Rights" at the end of the heading, and add the following provision at the end of the paragraph: "Nothing in this section shall be construed to create a private right of action to seek damages or other relief of any kind." 13. Add a new subsection F as follows (unless council adopts this as an amendment at an earlier meeting): "This section shall be effective July 1, 2020." 4 Page 242 of 251 CITY OF WATERLOO Council Communication Motion to approve Change Orders Nos. 8-9, for a total increase of $295, to Woodruff Construction, LLC of Waterloo, Iowa, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. City Council Meeting: 11/4/2019 Prepared: 10/29/2019 REVIEWERS: Department i a inure Sery ces (."1e/k_ Office ATTACHMENTS: Description A..,uru�,andn C"ark i °ha Submitted by: Recommended Action: Summary Statement: Reviewer P du ui Even, Le/�n:n Action Approved Approved Type Cover .Mer.:.o Date 110/29/2,0119 ... 4:06 P C1J i0/30/2,0119 p 11:52, AM Submitted By: Travis Nichols, Facilities/Project Manager Approve the following change orders: Change Order #8 DECREASE of $895.00. This decrease is a credit for change in electrical panels due to reducing the SCCR ratings on originally specified panels that were overrated for design. Change Order #9 INCREASE of $1,190.00. This increase is for additional lettering on park signage to include Lincoln Park on both sides of sign. Original Bid: Change Order #1 Change Order #2 Change Order #3 Change Order #4 Change Order #5 Change Order #6 Change Order #7 $734,330.30 $57,507.00 approved 8-19-2019 $37,688.00 approved 8-19-2019 $ - 14,223.00 (reduction) approved 8-19-2019 $88,278.00 approved 8-19-2019 $3,650.00 approved 10-7-2019 $ - 294.27 (reduction) approved 10-7-2019 $ - 5,719.00 (reduction) approved 10-7-2019 Change Order #8 $ -895.00 (reduction) Change Order #9 $1,190.00 Total $901,512.03 Expenditure Required: Increase of $295.00 Source of Funds: 416/418 Downtown Improvements Sign & Traffic G.O. Bond Funds RJ McElroy Trust Black Hawk County Gaming Association Otto Schoitz Foundation Max & Helen Guernsey Foundation G.O. Bond Funds $45,000 $15, 500 $125,000 $600,000 $200,000 $10,000 Page 243 of 251 Total $995,500 Policy Issue: Strategy 4.5 Quality of Place Page 244 of 251 CHANGE ORDER ® Mark Kuiper, R1TLANDa-KUIPER ❑ Nate Goetsch, Woodruff Construction ❑ Quentin Hart, Mayor of Waterloo, Iowa EI PROJECT: Lincoln Park CO No.: 08 OWNER: City of Waterloo, Iowa DATE OF ISSUANCE: 10/28/19 F.Y. 2019 #973 TO: Nate Geotsch FROM: Woodruff Construction RITLAND+KUIPER Landscape Architects 171.7 Falls Avenue 501 Sycamore Street, Mezzanine A Waterloo, IA 5070I Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: I. Electrical contractor shall provide a complete breakdown of deducted materials required for the following: A. Panels EB1, EB2, EB4, and E135 shall have SCCR ratings of 10kA. B. Panel EB4 shall have an SCCR rating of 32kA or higher. TOTAL (DEDUCT) TO CONTRACT (S895.00) Attachments: 2019.10.25 Estimate from Woodruff Construction Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was ... $734,330.30 Net change by previously authorized Change Orders $166,886,73 The Contract Sum prior to this Change Order was $901,217.03 The Contract Sum will be (decreased) by this Change Order ($895.00) The new Contract Sum including this Change Order will be $900,322.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPER Landscape Architects ARCHITECT Mark Kuiper, ASLA, LEED AP Woodruff Construction City of Waterloo CONTRACTOR OWNER Signature Nate Goetsch Signature Mayor Quentin Hart Page 245 of 251 CHANGE ORDER El Mark Kuper, RITLAND+KUIPER ❑ Nate Goetsch, Woodruff Construction El Quentin Hart, Mayor of Waterloo, Iowa El El PROTECT: Lincoln Park OWNER: City of Waterloo, Iowa F.Y. 2019 #973 TO: Nate Geotsch Woodruff Construction 1717 Falls Avenue Waterloo, IA 50701 CO No.: 09 DATE OF ISSUANCE: 10/28/19 FROM: RITLAND+KUIPER Landscape Architects 501 Sycamore Street, Mezzanine A Waterloo, Iowa 50703 You are directed to make the following changes in this Contract: Insta11 6" flush mount lettering to match "Lincoln Park" on the back of the Park Avenue/Franklin Street monument. The "Lincoln Park" lettering will be on both sides of the Park Avenue/Franklin Street monument signage. TOTAL INCREASE TO CONTRACT Attachments: 2019.10.25 Estimate from Woodruff Construction $1,190.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract sum or Contract time. The original Contract Sum was $734,330.30 Net change by previously authorized Change Orders $166,886.73 The Contract Sum prior to this Change Order was $901,217.03 The Contract Sum will be (increased) by this Change Order $1,190.00 The new Contract Sum including this Change Order will be $901,512.03 The Contract Time will be (unchanged) zero ( 0 ) Days RITLAND+KUIPER Landscape Architects ARCHITECT Mark Kuiper, ASLA, LEED AP Woodruff Construction CONTRACTOR Signature Nate Goetsch City of Waterloo OWNER Signature Mayor Quentin Hart Page 246 of 251 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of July 23, 2019. City Council Meeting: 11/4/2019 Prepared: 10/25/2019 REVIEWERS: Department Reviewer Action Date Aurpurt N ann�':y Approved 10/30/2,09 ... p ",o 6 ]E: ATTACHMENTS: Description Type D Airport cqard M tang C\1 iiuA °�z Jiidy 23, 2,019 Cover Memo SUBJECT: Airport Board Meeting minutes of July 23, 2019. Submitted by: Submitted By:Sheila Combs, Airport Administration Page 247 of 251 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, July 23, 2019 I. ROLL CALL Chairman Hugh Field called the meeting to order at 12:02 p.m. Board Members Present: Arlene Humble, Cary Darrah, Scott Voigt, Chuck Needham, Gwenne Berry and Hugh Field. Board Members Absent: None. 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. H. AGENDA AS RECEIVED OR AMENDED Moved by Mrs. Humble, seconded by Mrs. Darrah, that the agenda be approved. Ayes: 5. Motion carried. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Field asked for an update on contact with American and United Airlines. Mr. Kaspari stated the Air Service Working Group has hired Volaire Aviation Consulting to set up and facilitate a community meeting with United Airlines. Mr, Field asked if it was too early to reach out to our legislators and ask them to weigh in on the DOT decision. Discussion followed, including about Dubuque's plan for fund raising to secure a daily flight to Denver. Mrs. Humble stated she is still planning to approach her contacts at Delta Air Lines to see if they would consider returning to Waterloo, as they are the No. 1 rated airline of the big 3. 1 Page 248 of 251 B. Monthly Planning & Development Report -- N/A C. Legislative Infoiination - No discussion. D. Misc. Monthly Airport Reports Reviewed and discussed American Airlines' on -time perfonrnance for June. Mr. Kaspari pointed out one delay that American Station Staff coded to Airport Facilities, but the delay was actually due to an inability to upload fuel data, and for the ability to read passport data during the check -in process. The Board and Staff also reviewed airfares as surveyed, which reflects that ALO still is not competitive with other regional or larger airports in Iowa. Kaspari stated that he will continue his outreach to American Airlines' airfare pricing analyst. V. BOARD APPROVAL A. Approval of Minutes of the June 25, 2019 Regular Meeting Moved by Mrs. Humble, seconded by Mr. Needham, that the minutes of the June 25, 2019 meeting be approved. Ayes: 5. Motion carried. B. Motion to Receive and File June 2019 Expenses Moved by Mr. Needham, seconded by Mrs. Berry, that the June 2019 expenses be received and filed. Ayes: 5. Motion carried. VI. OLD BUSINESS A. New Hangar Development Update — A -Line ALO, LLC (Air Space Review Status) Mr. Kaspari stated that the FAA has completed and signed off on the Air Space Review for the A -Line Hangar, allowing construction to begin. Kaspari continued that MidAmerican Energy is working on updating the electrical service to the entire Airport facility. Mr. Kaspari continued that this improvement project would need to be completed before construction can begin, but he stated that construction should go quickly once it begins, and he remains hopeful that substantial construction will be completed prior to the end of the calendar year. 2 Page 249 of 251 B. Update of Space Needs: General Services Administration dba DHS/TSA Visit on June 25th Mr. Kaspari stated that TSA is looking to possibly consolidate and reduce their office space needs. They also mentioned the poor condition of the employee parking lot, for which we have received one bid for crack seal and a 2" overlay, which is within the limits of the $80,000 the City has approved the airport to provide some repairs to our parking lots via the City of Waterloo's annual CIP and bond program. However, Staff is looking at the other parking lot needs the airport has which are the Livingston - FBO and Hangar 4 parking lots. C. Update of Space Needs: Federal Aviation Administration Real Estate visit to ALO on July 9th The FAA's System Support Center division, or SSC, has been approved for up to 5,000 SqFt of office and misc. storage space. During their visit, Mr. Kaspari showed them all the available offices when they visited. Staff anticipates hearing back from them later this year on what they plan to do. D. Update of Air Service Outreach: Per June Meeting Discussion and Monthly ASWG Update. The Air Service Working Group is actively raising funds to pay for consultant fees for the facilitation of airline meetings, etc. They currently have $15,000 in donations and are seeking another $15,000. VII. NEW BUSINESS A. End of Fiscal Year 2019 Financial Report. Board previously reviewed June expenses; Mrs. Combs stated that Staff made many end -of -year purchases including needed fire rescue equipment, equipment maintenance and building maintenance items that had been put off in years past. Staff ended the year with $6,263 unspent. B. Temporary Month -to -Month Use Agreement for Hangar No.4 by Aerial Services, Inc. Board reviewed the lease summary, as proposed. Mr. Kaspari stated that ASI proposed if we would pay for utility costs over a capped amount, and he told them we would not, as we would have to perform the same to other airfield tenants. 3 Page 250 of 251 Staff is waiting for an official response from ASI on whether they will sign the agreement, yet at a minimum, ASI officials wanted it reviewed by the Board so they would be able to take occupancy of the hangar as of August Pt if they so decide. C. Request from Staff to serve as host airport for the University of Missouri Mobile Aircraft Fire Trainer (MAFT), in September 2020 for FAA -required annual aircraft Rescue and Fire Fighting (ARFF) Training. Board reviewed and discussed request, no formal action taken. D. Lease Update: Kingfisher Aviation Proposed Five Year (3+2) Hangar Use Agreement and General Aviation T-Hangar Lease Agreement. Mr. Kaspari stated he has been attempting to set a meeting to negotiate a new lease for the Corporate Hangar but is having trouble connecting. Kingfisher has not been paying the rent owed under their current month -to -month lease. In February, the Board -approved a rent abatement request in contrast with Kingfisher making improvements with the installation of an epoxy floor coating for two of the south two hangar bays — of which, as per the July meeting of the Board, had yet to be completed. The last payment received was a partial payment for the month of April. Mr. Voigt will reach out to Mr. Petersen and try to get together to discuss the situation. VIII. STAFF AND BOARD MEMBER COMMENT Mr. Kaspari stated that he will be at the 4-States Airport Conference on the regularly - scheduled date of the August Board meeting. Alternative meeting dates were discussed but no decision was made. IX. ADJOURNMENT Hearing no objections, Mr. Field adjourned the meeting at I :20 p.m. Respectfully submitted, Hugh M. Field, Chairperson 4 Page 251 of 251