Loading...
HomeMy WebLinkAboutCouncil Packet - 3/23/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, March 23, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 208 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Joe Leibold, Police Major Agenda, as proposed or amended. Minutes of March 16, 2020, Regular Session, as prpoosed. Minutes of March 19, 2020, Special Session, as proposed. Proclamation Declaring April 1, 2020 as Census Day. Proclamation Declaring April 7, 2020 as Waterloo Youth City Council Day of Environmental Action. Recognition of Cace Campbell, Super Peewee Wrestling State Champ, and Jaiden Finger, USA State Wrestling Champion. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving award of bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $1,114,000, in conjunction with the Waterloo Five Sullivan Brother Convention Center Penthouse Chiller Project, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 3. Resolution approving Completion of Project and Acceptance of Work for work performed by Price Electric of Robins, Iowa, and release of retainage in conjunction with the Adaptive Traffic Signals and Fiber Optic Communications project, San Marnan Drive, US 218, W. 5th Street, and Kimball Avenue, DOT Grant Project Number STP-A-8155(743)-86-07, and authorizing the Mayor to execute said documents. Page 2 of 208 Submitted By: Mohammad Elahi, Traffic Engineer 4. Resolution approving request to piggyback from the current open bid originally awarded by council on April 8, 2019, for the purchase of three (3) 2020 119 Explorer AWD SUVs, from Stivers Ford of Waukee, Iowa, in the amount of $35,088 each for a total of $105,264, for the Police Department. Submitted By: Randy Bennett, Public Works Division Manager 5. Resolution approving Completion of Project and Acceptance of Work for work performed by Boomerang Corporation of Anamosa, Iowa, in the amount of $753,016.25, and release of retainage in the amount of $37,650.81, in conjunction with the Flow Equalization Facility Overflow Connection to Satellite WPCF, Contract No. 880. Submitted By: Brian Bowman Treatment Operations Supervisor,Waste Mgt. Services 6. Resolution approving the award of asbestos survey services contract in the amount of $10,800 to Hawkeye Environmental of Solon, Iowa for properties located at: 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting date of public hearing as April 6, 2020, to authorize the sale and conveyance of property located east of 1994 Newell Street, to 4FI Waterloo, LLC, and Material Control Systems, Inc. (ConTrol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 176,980 square foot building, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Tim Andera, Planner II *AMENDED* Class/Meeting: Bluebeam Plan Review Software Destination: Cedar Rapids, IA Dates: March 13, 2020 Amount not to exceed: $161 b. Alex Hildman, Recreation Specialist Class/Meeting: Certified Food Handler Class Destination: Waterloo, IA Dates: April 9-10, 2020 Amount not to exceed: $130 2. APPOINTMENTS a. Brandon Schoborg Page 3 of 208 Board/Commission: Planning & Zoning Commission Expiration Date: March 23, 2023 New Appointment b. Zachary Hansen Board/Commission: Community Development Board Expiration Date: March 23, 2023 New Appointment c. Ethel Washington Board/Commission: Civil Service Commission Expiration Date: April 1, 2024 Re -Appointment 3. Bonds. PUBLIC HEARINGS 2. Request by AutoZone, Inc., for a Site Plan Amendment to the "S-1" Shopping District to construct a new retail store located south of 3115 Kimball Ave. 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 approve a request b y AutoZone, Inc., for a Site Plan Amendment to the "S-1" Shopping District to construct a new retail store located south of 3115 Kimball Avenue. 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 3. Request by PDG Development, LLC, to vacate a 4,197 square feet storm water management easement located south of 3834 W. 4th Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by PDG Development, LLC, to vacate a 4,197 square feet storm water management easement located south of 3834 W. 4th Street. 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 DGOGWaterlooia062619, LLC, to rezone a 3.082-acre property, north of 5225 Dysart Road, from "R-4" Multiple Residence to "C-P" Planned Commercial District, to construct a new Dollar General Store. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 4 of 208 Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located north of 5225 Dysart Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 5. FY 2020 Street Reconstruction Program, Contract No. 993. 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. and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Dennis Gentz, PE, Assistant City Engineer 6. FY 2021 Complaint Mowing with Complaint Snow Removal Contract. Motion to receive and file proof of publication of notice of public hearing. HOLDING HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of bid to B & B Lawn Care, Inc. of Waterloo, Iowa, for Option A $2,294 per occurrence, Option B $2,294 per occurrence, Option C $91.75 per man hour, Option D $91.75 per acre, Option E $107.75 per man hour, and approving the bonds and certificate of insurance, in conjunction with the 2020 Complaint Mowing with Complaint Snow Removal Contract, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Martin M. Peterson, City Attorney 7. Request by Lamar Advertising for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a 45 foot tall, 378- square-foot off -premises billboard, located at 2010 Sears Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public 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 amendment to 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 Site Plan Amendment on certain property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Page 5 of 208 RESOLUTIONS 8. Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $544,971.75, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218, Contract No. 1020, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, Interim City Engineer 9. Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with Dolly James 2, LLC, and Hi Yield, LLC, originally approved on September 8, 2015, re -assigning the agreement to 6 Comm Properties, LLC, adjusting completion dates and Minimum Assessment Agreement dates, include additional property with the agreement, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving an Early Access Agreement with 3 Stooges, LLC of to allow earth -moving activities in preparation of development of the site south of 1246 Martin Road., and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 11. An Ordinance amending the City of Waterloo Traffic Code by amending (45) E. Fourth Street to Section 553, No Parking Here To Corner, by deleting said Subsection (45), and inserting in lieu thereof a new Subsection (45) E. Fourth Street to Section 553, No Parking Here To Corner. Motion to receive, file and consider and pass for the first time, an ordinance amending the City of Waterloo Traffic Code by amending (45) E. Fourth Street to Section 553, No Parking Here To Corner, by deleting said Subsection (45), and inserting in lieu thereof a new Subsection (45) E. Fourth Street to Section 553, No Parking Here To Corner as follows: east side in the 2000 block in a southerly direction from Charles Street; east side in the 700 block in a southerly direction from Pine Street; west side in the 1700 block in a southerly direction, north of Newell Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 6 of 208 PUBLIC INFORMATION 1. Board of Adjustment minutes of November 26, 2019. 2. Board of Adjustment minutes of January 28, 2020. 3. Historic Preservation minutes of January 21, 2020 4. Planning, Programming, & Zoning minutes of February 11, 2020. Page 7 of 208 CITY OF WATERLOO Council Communication Minutes of March 16, 2020, Regular Session, as prpoosed. City Council Meeting: 3/23/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/16/2020 - 3:13 PM ATTACHMENTS: Description Type ❑ Council Meeting Minutes of March 16, 2020 Backup Material Submitted by: Submitted By: Page 8 of 208 March 16, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 16, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Morrissey, Klein, Feuss, Grieder. Mr. Amos and Mrs. Juon joined by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 157542 - Morrissey/Grieder that the Agenda, as amended by removing item 1 B 1 a from consent agenda, for the Regular Session on Monday, March 16, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157543 - Morrissey/Grieder that the Minutes, as proposed, for the Regular Session on Monday, March 9, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Update on the City of Waterloo's response to COVID-19. Dr. Nafissa Cisse Egbuonye, Public Health Director, Black Hawk County Health Department, provided an update of the current situation in Iowa and explained that the Iowa Department of Public Health recommends cancelling gatherings of more than 250 people and to reduce activities especially for at -risk groups. A 14-day self -isolation period is recommended for travelers returning from COVID-19 affected areas. She explained that the CDC has a list of guidelines and advisories available for review. Paul Huting, Leisure Services Director, explained that the department has not closed any facilities. He explained that buildings are open and individual activities are allowed but group activities are cancelled. Nick Rossman, Library Director, explained that all programs, events, or meetings are cancelled this week. The building is open with approximately 70-80 people in the building at a time. Mayor Hart explained that activities at the Center for Arts have been postponed and the Youth Pavilion is not open. He further explained that City Hall is open but things may change quickly. Major Leibold commented that the police department has online reporting available on their website for things that are non -emergency in nature, and stated that in other situations the public may be asked to step outside or even call the department to limit the contact officers have with the general public to help slow down the spread of the virus. Chris Youngblut, IT Director, explained that the city is utilizing a GoToMeeting subscription to allow council to conference call into the meetings and that meetings are aired on YouTube for public viewing. Kelley Felchle, City Clerk, explained that if there are members of the public who wish to participate but do not wish to attend in person, they can call the Clerk's Office prior to any meeting, or may email her directly. She'll be monitoring her email during the meetings and can share the comments at the appropriate time. Mayor Hart commented that city leaders have been in constant communication with leaders from other cities and public health officials to monitor the situation. He asked that the public call City Hall prior to coming into the building to conduct business. He explained that staff is currently working on an emergency proclamation to bring before council which will allow the Mayor to make certain decisions in the interest of Waterloo and its citizens during this serious public health situation. Mr. Morrissey questioned if the public can call in during a meeting. Kelley clarified that the public can call her department prior to a meeting and provide their questions or comments to staff, or they can send an email directly to her. Page 9 of 208 March 16, 2020 Page 2 Mayor Hart reminded the public that agendas are posted and available prior to the meetings. Mr. Feuss asked landlords to be gracious to renters during this time and be mindful if someone is out of a job and cannot pay rent. Mayor Hart commented that Waterloo Water Works is talking a look at shut off timeframes. He also commented that everyone could play a role and do their part to help prevent the spread of the disease. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, commented that the Courier reported on the budget and commented on several issues he has with some of the budget proposals. Alex Martin, 511 Wildwood Road, commented that he works at the library and stated that he takes exception to Mr. Dryer's comment that city employees need to work smarter not harder as he believes that employees are smart. 157544 - Morrissey/Feuss that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157545 - Morrissey/Feuss that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated March 16, 2020, in the amount of $2,511,987.72, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-168. 2. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 2, 2020, and date of public hearing as April 6, 2020, for the FY 2020 Sidewalk & Trail Repair Program - Zone 10, Contract No. 1009, and instruct City Clerk to publish said notice Resolution adopted and upon approval by Mayor assigned No. 2020-169. 3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 9, 2020 and date of public hearing as April 13, 2020, in conjunction with the FY 2020 CIP Pipelining Phase IVA Service Area 19 Project, Contract No. 1014, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-170. 4. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 9, 2020, and date of public hearing as April 13, 2020, in conjunction with the FY 2020 Waste Water Treatment Plant and Lift Stations Mowing Contract, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-171. 5. Resolution resetting date of bid opening as March 26, 2020, and date of public hearing as April 6, 2020, for the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-172. Page 10 of 208 March 16, 2020 Page 3 1. 2. b. Motion to approve the following: a. b. a. b. c. d. e. f. g• h. i. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Mayor Quentin Hart Cedar Valley Coalition Washington, D.C. April 19 22, 0 2-02-0 Pat Treloar, Fire Chief Iowa Association of Professional Fire Chiefs Spring Conference Ames, IA April 7-9, 2020 $200 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Ali's Corner, 1117 E. 4th Street B Wine / C Beer / E Liquor New 2/28/2021 x Babe's Tap, 210 Division Street C Liquor Renewal 3/14/2021 Casey's General Store #2879, 3260 University Avenue *Ownership Update* C Beer / B Wine New 4/18/2021 x Casey's General Store #2880, 1604 LaPorte Road *Ownership Update* C Beer / B Wine New 4/19/2021 x HyVee Wine and Spirits #1, 2126 Kimball Avenue *Ownership Update* E Liquor New 11/15/2020 x La Michuacana Restaurant, 1221 Franklin Street C Liquor Renewal 3/26/2021 x Red Carpet Golf, 1409 Newell Street C Liquor w/Outdoor Service Renewal 4/4/2021 x Sunnyside Country Club, 1600 Olympic Drive *Ownership Update* A Liquor w/Outdoor Service New 4/14/2021 x Yourpie, 126 E. Ridgeway Special Class C Liquor Renewal 4/5/2021 x 3. Recommendation of appointment of Senada Muhic, from the Civil Service list, to the position of Bookkeeper/Administrative Assistant at the Housing Authority, effective March 23, 2020. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157546 - Feuss/Grieder that proof of publication of notice of public hearing on Purchase of one (1) 2020 Wide Area Mower, as published in the Waterloo Courier on March 2, 2020, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157547 - Feuss/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157548 - Feuss/Grieder Page 11 of 208 March 16, 2020 Page 4 that "Resolution confirming approval of specifications, bid documents, form of contract etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-173. 157549 - Feuss/Grieder that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-174. 157550 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate: $64,000 Bidder Bid Amount Horst Distributing, Inc. Chilton, WI $83,755.00 Kansas Golf & Turf Lenexa, KS $83,124.00 Turf Werks Johnston, IA $59,995.94 Voice vote -Ayes: Seven. Motion carried. 157551 - Feuss/Grieder that "Resolution awarding bid to TurfWerks of Johnston, Iowa, in the amount of $59,995.94", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-175. 157552 - Morrissey/Feuss that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Penthouse Chiller Replacement, as published in the Waterloo Courier on March 2, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157553 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157554 - Morrissey/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-176. 157555 - Morrissey/Grieder that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-177. 157556 - Morrissey/Grieder Page 12 of 208 March 16, 2020 Page 5 Motion to receive and file and instruct City Clerk to read bids and refer to Building Department for review. Estimate: $1,390,000 Bidder Bid Security Bid Amount Woodruff Construction, LLC Waterloo, IA 5% $1,149,700.00 Cardinal Construction Waterloo, IA o 5 /o $1,114,000.00 Voice vote -Ayes: Seven. Motion carried. 157557 - Morrissey/Feuss that proof of publication of notice of public hearing on Asbestos survey services for properties located at 1100 Sycamore Street, 105 E. l0th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court, as published in the Waterloo Courier on March 2, 2020, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Forest Dillavou, 1725 Huntington Road, commented that 1100 Grant is not on the agenda and questioned why. Noel Anderson, Community Planning and Development Director, explained that 1100 Grant was on the previously approved demolition contract. David Dryer, 3145 W. 4th Street, questioned how many abandoned houses the city owns. Mayor Hart commented that Noel Anderson will get that information for Mr. Dryer. 157558 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157559 - Morrissey/Feuss that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-178. 157560 - Morrissey/Feuss that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-179. 157561 - Morrissey/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning and Development Director for review. Estimate: $10,980.00 Bidder Bid Amount Page 13 of 208 March 16, 2020 Page 6 Hawkeye Environmental Solon, IA $10,800.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 157562 - Grieder/Feuss that "Resolution urging the Iowa State Legislature to ban the use of Conversion Therapy on minors", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. David Dryer, 3145 W. 4th Street, requested that Mr. Grieder explain how this action is city business as he feels it is state business. Alex Martin, 511 Wildwood Road, commented that the city should continue to move in a forward direction. John Sherbon, 1715 Robin Road, commented that this resolution is state business not city business and the issue should only be discussed at the state level. Cheryl Christianson, 1702 Mitchell, commented that this resolution is state business not city business and the issue should only be discussed at the state level. Mr. Grieder commented that he received several emails from the public on this issue. He read three of the emails, which included comments that he found hurtful toward children and very troubling. He explained that the purpose of the resolution is to encourage the state to take action that they have already started taking to outlaw this form of therapy. He read statistics about suicide rates and drug addiction among children who are subjected to conversion therapy. Mrs. Klein commented that she believes that this resolution brings a political issue into a body that is not supposed to be political. She explained that she believes this item gets between a child and parent and that she cannot support it. Mr. Morrissey spoke in support of the resolution. Mr. Amos spoke in support of the resolution. Mrs. Juon congratulated Mr. Grieder for his courage and is sorry to learn of the hurtful emails he has received on the matter. She supports the resolution and is proud to serve with him on council. Resolution adopted and upon approval by Mayor assigned No. 2020-180. 157563 - Grieder/Feuss that "Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed mowing, snow removal, property clean-ups, and hazardous trees", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-181. 157564 - Grieder/Feuss that "Resolution approving amendments to the City of Waterloo Records Request Policy, originally adopted by Resolution No. 2017-113", be adopted. Roll call vote -Ayes: Seven. Motion carried. Kelley Felchle, provided an overview of the amendments to the policy. Resolution adopted and upon approval by Mayor assigned No. 2020-182. 157565 - Klein/Grieder Page 14 of 208 March 16, 2020 Page 7 that "Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, and authorizing the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-183. 157566 - Klein/Grieder that "Resolution approving a request by the City of Waterloo to dedicate one (1) 50-foot wide and two (2) 30-foot wide permanent sanitary sewer easements, located south of 4550 Hess Road, to properly align easements with location of the sewer", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-184. 157567 - Klein/Grieder that "Resolution approving Supplemental Agreement No. 4, to a Professional Services Agreement originally executed November 7, 2016, with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $1,549,000, in conjunction with the FY 2020 University Avenue Reconstruction -Phase 3 (Evergreen Avenue to US 63), Contract No. 971, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen requested an update of the timeline for the 3 phases of University Avenue project. 157568 - Morrissey/Fuess For a three -minute recess. Voice vote -Ayes: Three. Motion carried. 157569 - Morrissey/Fuess to reconvene at 6:48 p.m. Voice vote -Ayes: Three. Motion carried. Michelle Sweeney, AECOM, provided an overview of the project and completion dates of the different phases. Mayor Hart questioned how long the project was supposed to take. Michelle Sweeney explained the total project is still on schedule, though Phase 1 has had weather delays. Resolution adopted and upon approval by Mayor assigned No. 2020-185. 157570 - Feuss/Morrissey that "Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $14,387,651.08, and approving the contract, bonds, and certificate of insurance for the FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971, and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned how much will the total project cost including Phase 3. Jamie Knutson, City Engineer, commented that the total project cost is $38M. Cheryl Christiansen, 1702 Mitchell, questioned how many comments have been received regarding the proposed roundabout at University and Fletcher Avenue, what is the cost and impact to adjacent businesses. Jamie Knutson commented that no businesses will be impacted by the roundabout and a traffic study determined that this location made sense to include a roundabout, plus no right of way needed to be acquired. Michelle Sweeney commented that the cost of a roundabout is comparable to a traffic signal and explained why the Fletcher intersection was favored over Ansborough. Page 15 of 208 March 16, 2020 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2020-186. 157571 - Feuss/Morrissey that "Resolution approving a Detour Agreement with the Iowa Department of Transportation, for the initiated detour of primary highways onto local roads, in conjunction with the reconstruction of US Highway 218 from the US 218 north -bound on -ramp, at the Airport Boulevard interchange to mainline, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned if the DOT was required to make road repairs from a previous detour involving Shaulis between Highway 21 and the casino caused by large trucks during the detour. Jamie Knutson commented that the road was not in good shape to begin with and explained planned repairs to roads in the area. Mr. Feuss requested an update of the timeline of the project. Jamie Knutson provided an overview of the timeframe for the project. Resolution adopted and upon approval by Mayor assigned No. 2020-187. 157572 - Boesen/Morrissey that "Resolution approving Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, in an amount not to exceed $13,900, in conjunction with the Delane Creek Watershed Assessment, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-188. 157573 - Boesen/Morrissey that "Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy to approve the purchase of a 2020 Ford Super Duty F-350 SRW (F3B) XL 4-wheel drive regular cab with an 8-foot box and 142-inch wheel base, for Waterloo Fire Rescue, from National Auto Fleet Group of Watsonville, California", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why a vehicle is being purchased from California and requested an explanation of the use. Pat Treloar, Fire Chief, explained the use for the vehicle and stated that this purchase method will save the city $8,000. Resolution adopted and upon approval by Mayor assigned No. 2020-189. OTHER COUNCIL BUSINESS 157574 - Morrissey/Grieder that amended budget activity narrative description for fund 010-02-8100, City Council, as follows: The City Council is the legislative branch of the City of Waterloo form of government. Responsibilities include, but are not limited to: formulating, enacting and voting on public policy and budgets which provide guidance and direction to the City Administration in responding to the needs, improvements and plans of and on behalf of the community; furthermore, to develop and have oversight on implementation of an Action Plan(s) to accomplish enacted public policy and budgets through motions, resolutions and ordinances, be received, placed on file and approved. Voice vote - Ayes: Six. Nays: One (Klein). Motion carried. Mayor Hart questioned if this item had been discussed at a work session and requested clarification of specific wording "to develop and have oversight on implementation of an Action Plan(s)". Page 16 of 208 March 16, 2020 Page 9 Mr. Morrissey explained the item had been discussed during budget meetings and provided an explanation for the amended wording. Mrs. Klein commented that she is neither for nor against the item, but disagrees that an amendment would be proposed without the council having an opportunity to discuss and understand the item through a work session. She questioned if the item could be postponed until a work session could be held. Kelley Felchle explained that the wording does not make any change to city code. Martin Peterson, City Attorney, commented that this is not a resolution or an ordinance, but rather a motion that is adding language to a document and that is part of the budget planning process. He further commented that it is an explanation of the perceived role of council in the budget process. ADJOURNMENT 157575 - Morrissey/Feuss that the Council adjourn at 7:11 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 17 of 208 CITY OF WATERLOO Council Communication Minutes of March 19, 2020, Special Session, as proposed. City Council Meeting: 3/23/2020 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Minutes of March 19, 2020, Special Session Backup Material Submitted by: Submitted By: Date 3/20/2020 - 10:27 AM Page 18 of 208 March 19, 2020 The Council of the City of Waterloo, Iowa, met in Special Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Thursday, March 19, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Morrissey, and Klein. Mr. Amos, Mr. Feuss, Mr. Grieder, and Mrs. Juon joined via telephone. 157576 - Juon/Klein that the Agenda, as proposed, for the Special Session on Thursday, March 19, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC HEARING 157577 - Juon/Morrissey that proof of publication of notice of public hearing on General Obligation Bonds - ECP-1 - The issuance of not to exceed $11,000,000 in General Obligation Bonds for essential corporate purposes, as published in the Waterloo Courier on March 13, 2020, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157578 - Juon/Grieder That the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157579 - Juon/Grieder that "Resolution instituting proceedings to take additional action", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-190. 157580 - Juon/Morrissey that "Resolution authorizing the issuance of not to exceed $11,000,000 General Obligation Bonds, and levying a tax for the payment thereof", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-191. 157581 - Morrissey/Boesen that proof of publication of notice of public hearing on Public Hearing to adopt the FYE 2021 budget, as published in the Waterloo Courier on March 6, 2020, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157582 - Morrissey/Feuss That the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157583 - Morrissey/Boesen that "Resolution approving the FYE 2021 budget with a total tax levy rate of $18.44026 and property tax askings in the amount of $43,867,769", be adopted. Roll -call vote -Ayes: Five. Nays: Two (Klein and Morrissey). Motion carried. Michelle Weidner, Chief Financial Officer, presented an overview of proposed FYE2021 budget. Council members and the Mayor then discussed the presentation with the Chief Financial Officer. Page 19 of 208 March 19, 2020 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2020-192. 157584 - Morrissey/Boesen Motion to amend by striking "levy rate of $18.44026", and inserting "levy rate of $18.34018", and striking "in the amount of $43,867,769", and inserting "in the amount of $43,634,204". Roll -call vote - Ayes: Two. Nays: Five (Amos, Klein, Feuss, Grieder, and Juon). Motion carried. Mr. Morrissey distributed a proposed amendment to the agenda, which would reduce the levy rate to $18.34018 and tax askings to $43,634,204. He then explained changes made to the proposed budget to reduce the levy rate by $0.10008. Mrs. Juon questioned if additional fees were added as revenue. Mr. Morrissey confirmed. Michelle Weidner requested clarification of the garage mechanic position and the graphic artist. Mr. Morrissey commented that it would come from the general levy. Mr. Grieder questioned if the proposal asks to use of $900,000 in reserves and how much of the city's cash reserves are proposed to be used in the budget proposal on the agenda. Michelle Weidner commented that the budget on the agenda proposes the use of $750,000 of general fund balance. Mrs. Klein commented the council should be finding cuts rather than additions, that the proposals on the table show a lack of leadership, and explained several reasons why she does not support the proposed budget or amendment to the budget. Mr. Grieder stated that he is disappointed Mrs. Klein did not offer a budget option to the council. Mr. Morrissey commented that he wishes the budget process would start earlier and that he is disappointed that he has not heard budget options from Mrs. Klein. Mr. Boesen commented that he is very concerned with the need for assistance for the rental inspection program. He explained that inspections are a compounding problem and need additional staffing. Mrs. Juon commented that she does not support an amendment that increases fees and personnel. Michelle Weidner commented that she needs assistance understanding Mr. Morrissey's proposal. 157585 - Morrissey/Boesen To recess to allow Mr. Morrissey to work with the Chief Financial Officer on reconciling numbers in his amendment proposal. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 157586 - Morrissey/Boesen To reconvene at 6:48 p.m. Voice vote -Ayes: Seven. Motion carried. Michelle Weidner confirmed that she has verified the numbers in the proposed amendment. ORDINANCES 157587 - Morrissey/Boesen that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Title 5, Police Regulations, Chapter 2, General Offenses, Article B, Civil Emergency and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 2, General Offenses, Article B, Civil Emergency", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Page 20 of 208 March 19, 2020 Page 3 157588 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 157589 - Morrissey/Grieder that "an ordinance amending the City of Waterloo Code of Ordinances by repealing Title 5, Police Regulations, Chapter 2, General Offenses, Article B, Civil Emergency and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 2, General Offenses, Article B, Civil Emergency", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5548. ADJOURNMENT 157590 - Morrissey/Klein that the Council adjourn at 6:52 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 21 of 208 CITY OF WATERLOO Council Communication Proclamation Declaring April 1, 2020 as Census Day. City Council Meeting: 3/23/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kendra Approved 2/27/2020 - 10:39 AM Clerk Office Higby, Nancy Approved 3/16/2020 - 3:09 PM ATTACHMENTS: Description Type ❑ Census Day 2020 Cover Memo Submitted by: Submitted By: Page 22 of 208 cnTY OF WATERLOO, IOWA PROCLAMATION 1KHEREAS, WHEREAs, WHEREAs, the US Census Bureau is required by the United States Constitution to conduct a count of the population and provides a historic opportunity to help shape the foundation of our society and play an active role in American democracy; and the City of Waterloo is committed to ensure every resident is counted; and federal and state funding is allocated to communities, and decisions are made of matters of national and local importance based, in part, on census data; and census data helps determine how many seats each state will have in the United States Houses of Representatives and is necessary for the accurate and fare redistricting of state legislative seats, county and city councils and voting districts; and information from the 2020 Census and American Community Survey are vital tools for economic development and increased employment; and the information collected by the census is confidential and protected by law; and each person counted during the census can represent up to $20,000.00 in funding to the area; Now, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim April 1, 2020 AS CENSUS DAY I1 WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 23rd day of March, 2020. it. ATTEST: elley FelQuentin Hart City Clerk Mayor Page 23 of 208 CITY OF WATERLOO Council Communication Proclamation Declaring April 7, 2020 as Waterloo Youth City Council Day of Environmental Action. City Council Meeting: 3/23/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kendra Approved 3/5/2020 - 4:15 PM Clerk Office Higby, Nancy Approved 3/16/2020 - 3:09 PM ATTACHMENTS: Description Type ❑ WYCC Day of Environmental Action Cover Memo Submitted by: Submitted By: Page 24 of 208 cI[T'Y OF WATERLOO, IOWA PROCLAMATION the Waterloo Youth City Council (WYCC) was duly organized to explore, communicate, and provide for the needs, problems, issues, and activities affecting Waterloo through a youth perspective by creating a governmental system including representatives from West, East, Expo, and Columbus; and WYCC purpose is to make a positive impact in Waterloo, so it formed committees to investigate environmental issues impacting their friends, their families, and the communities in which they live throughout Waterloo, Iowa; and WYCC discovered landfill fees are consistently increasing for residents in Black Hawk County due to the new construction of new landfill cells that are needed to meet the increasing demands for waste, disposal in Waterloo, Iowa; and WYCC learned that waste, rubbish on landfill sites, and toxic pollution negatively impact our natural environment and the health of communities; and WYCC took action to increase public awareness on the importance , of recycling, the need to reduce the financial expenditures waste and raw material products have on our local economy, and to promote best practices that preserve our natural resources and environments; and WYCC conducted interviews, held committee meetings, and explored issues related to the Voluntary Curbside Recycling Program (VCR program); and the Mayor, City Council, and the City of Waterloo are champions of the WYCC who support issues in the city of Waterloo having youth voices and youth representation that explores creative solutions and community projects to increase equity and inclusion in public administration and governance practices; and W21EREAs, WYCC shall organize and host a community town hall event on April 7, 2020 at the Waterloo Public Library for stakeholders and the general public; that will showcase youth involvement in civic engagement and community resources for preserving natural resources and environments in Waterloo, Iowa; and outcomes for the community town hall event are to educate the public on the importance of recycling, advocate support for the VCR program, and fact find for barriers on broad community participation and sustainable environmental solution. NOSY, THEREFORE) I, Quentin Hart, Mayor of the City of Waterloo, do hereby proclaim April 7, 2020 as WATERLOO YOUTH CITY COUNCIL DAY OF ENVIRONMENTAL ACTION IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 23rd day of March, 2020. ATTEST: Kelley FelchlLI Quentin Hart City Clerk Mayor i Page 26 of CITY OF WATERLOO Council Communication Recognition of Cace Campbell, Super Peewee Wrestling State Champ, and Jaiden Finger, USA State Wrestling Champion. City Council Meeting: 3/23/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Felchle, Kelley Approved 3/13/2020 - 1:04 PM Submitted by: Submitted By: Page 27 of 208 CITY OF WATERLOO Council Communication Resolution approving award of bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $1,114,000, in conjunction with the Waterloo Five Sullivan Brother Convention Center Penthouse Chiller Project, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/23/2020 Prepared: 3/17/2020 REVIEWERS: Department Building Department Building Department Building Department SUBJECT: Submitted by: Recommended Action: Reviewer Even, LeAnn Shepard, Cynthia Even, LeAnn Action Rejected Approved Approved Date 3/17/2020 - 10:45 AM 3/17/2020 - 10:48 AM 3/17/2020 - 12:17 PM Resolution approving award of bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $1,114,000, in conjunction with the Waterloo Five Sullivan Brother Convention Center Penthouse Chiller Project, and authorizing the Mayor and City Clerk to execute said document. Submitted By:NoelAnderson, Community Planning and Development Director Approval Page 28 of 208 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by Price Electric of Robins, Iowa, and release of retainage in conjunction with the Adaptive Traffic Signals and Fiber Optic Communications project, San Marnan Drive, US 218, W. 5th Street, and Kimball Avenue, DOT Grant Project Number S TP -A-8155(743)-86-07, and authorizing the Mayor to execute said documents. City Council Meeting: 3/23/2020 Prepared: 3/3/2020 REVIEWERS: Department Reviewer Traffic Operations Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Approved Date 3/4/2020 - 12:11 PM Resolution approving Completion of Project and Acceptance of Work for work performed by Price Electric of Robins, Iowa, and release of retainage in conjunction with the Adaptive Traffic Signals and Fiber Optic Communications project, San Marnan Drive, US 218, W. 5th Street, and Kimball Avenue, DOT Grant Project Number STP-A-8155(743) 86- 07, and authorizing the Mayor to execute said documents. Submitted By: Mohammad Elahi, Traffic Engineer Approve Resolution The construction work consisted on upgrading traffic fiber optic communication loop starting from 218-W. 6th street intersection to San Marnan, then on San Marnan to Kimball Avenue, on Kimball to W. 5th Street, to US 218 and then to the start point. Some of the controllers were upgraded to traffic adaptive technology. 3% retainage to be release is $18,904.35 Federal Grants and City GO Bond Goal 2 - Strategy 2.2 - Enlist all City departments and staff members to promote a safer community This project was funded by a $300,000 federal grant for fiber connection (0% city match) and $500,000 Iowa Clean Air Attainment Program (federal CMAQ) grant requiring 20% match for adaptive traffic signal technology. Page 29 of 208 CITY OF WATERLOO Council Communication Resolution approving request to piggyback from the current open bid originally awarded by council on April 8, 2019, for the purchase of three (3) 2020 119 Explorer AWD SUVs, from Stivers Ford of Waukee, Iowa, in the amount of $35,088 each for a total of $105,264, for the Police Department. City Council Meeting: 3/23/2020 Prepared: 3/18/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Even, LeAnn Approved 3/18/2020 - 5:06 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving request to piggyback from the current open bid originally awarded by council on April 8, 2019, for the purchase of three (3) 2020 119 Explorer AWD SUVs, from Stivers Ford of Waukee, Iowa, in the amount of $35,088 each for a total of $105,264, for the Police Department. Submitted By: Randy Bennett, Public Works Division Manager Approve Resolution Request authorization to purchase from existing bid for three (3) Police SUVs for FY20. $35,088.00 for SUV TOTAL - $105,264.00 GO Bond Funding 419-11-1100-2117 Strategy: 2.2: Enlist all City Departments and staff members in efforts to promote a safer community. Recommendation is to purchase 6-7 Police vehicles per year to replace vehicles in poor condition with over 100,000 miles. Page 30 of 208 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by Boomerang Corporation of Anamosa, Iowa, in the amount of $753,016.25, and release of retainage in the amount of $37,650.81, in conjunction with the Flow Equalization Facility Overflow Connection to Satellite WPCF, Contract No. 880. City Council Meeting: 3/23/2020 Prepared: 3/12/2020 REVIEWERS: Department Reviewer Action Date Waste Management bowman, brian Approved 3/17/2020 - 1:38 PM Clerk Office Even, LeAnn Approved 3/17/2020 - 2:24 PM ATTACHMENTS: Description Type Completion of Flow Equalization Facility Overflow Backup Material Connection To Satellite WPCF SUBJECT: Submitted by: Resolution approving Completion of Project and Acceptance of Work for work performed by Boomerang Corporation of Anamosa, Iowa, in the amount of $753,016.25, and release of retainage in the amount of $37,650.81, in conjunction with the Flow Equalization Facility Overflow Connection to Satellite WPCF, Contract No. 880. Submitted By: Brian Bowman Treatment Operations Supervisor,Waste Mgt. S ervices Recommended Action: Recommend Approval Expenditure Required: $ 37,650.81 of total contract amount of $753,016.25 Source of Funds: 520-14-5320-2163 Page 31 of 208 A=COM March 11, 2020 Mr. Randy Bennett Public Works Director Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Subject: Flow Equalization Facility Overflow Connection to Satellite WPCF City Project Number 880 AECOM #60507078 Dear Mr. Bennett: The above -referenced project has been completed and constructed by the contractor, Boomerang Corp., in accordance with the plans and specifications completed by AECOM and dated October 3, 2017. The final paperwork for the project, including the contractor's Maintenance Bond and the final pay estimate to release the contractor's retainage in the amount of $37,650.81, are attached. We appreciate the cooperation we have received from the City of Waterloo Waste Management Services throughout this project. Should you have any questions or require additional information, please give me a call. Yours sincerely, Ross Hillsman, P.E. RAH:blc Enclosures: As Noted P:5605070784600_Construction_Support1620_Correspandence52020-03-11 RBennett-FEQ Overflow - Completion Ltr.docx Page 32 of 208 0 01 APPLICATION NO: 6 PERIOD TO:12/1/2019 :0 LL c,l 0. a + LL O CI) LCI O �Q LL o .Q 0 O j O N Q) N I -5 0 w 0 CC ) N. a .g 0 3 a ) 2"to m LLJ 2 0 0 1- I-z U N 00 VIA (ARCHITECT): CONTRACT DATE: CONTRACT FOR: c 0r o N U 0 0 C i cf 0 -0 P N o 0 crou o c m -c a c a) E a1 U 0 a w` ro OU 8 a) U O N Y � U N > @ C p c 0. T 0 0 d T O -om a7 a - m n o C -.coon) 3 � = 00 O n 0 N 41 C a +13 _aay T6 -• CL L 2 S a) c 4O O 4) co -cacao- El O CY❑1E. a7 cv0 ca Y 4 p • U'? pa, L N t T.)0 U v) 0 E c9 0 0 (o z .. c0 0cl 0 Z 0 0 co 753,016.25 EA EA fA (1) 1. ORIGINAL CONTRACT SUM 2. Net Change by Change Orders 3. CONTRACT SUM TO DATE (Line 1 + 2) 4. TOTAL COMPLETED AND STORED TO DATE 5. RETAINAGE: 0 0 00 % of Completed Work 0 Subscribed and Sworn to before me this 0.00 % of Stored Material U 0 O O Total retainage (Line 5a + 5b) My Commission Expir 0 ` w C E a) Q T a' n -0aj 0 Z C5n21--0 W .0 N dl YP . a,, Col F i. ` -s aN -mP3A+:E6 oa a1-6,.0 F 4) « 0 c o vU LL, °00u W it n a 0)nCQ nm C.) U.0 0v Li. 0 a)anE P. E-7 3 ao U co id OQ .'S- L4 C a) ay III �Y. ro U -c-�0 {n (j u m 2_ a7 U 2. E WI III ,0 O U F F Us°°=mw ro �'- U co _ 0 T'�n8z rU {SS N 0 1 Q •� o .E 2 S C E. .N Q 6. TOTAL EARNED LESS RETAINAGE (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 715, 365.44 (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE . .. . EA AMOUNT CERTIFIED 0 ri W to en Z W J U 2 1 2 co LL a) 0 J LJJ U caoi a) i3 0 Q) T m DEDUCTIONS 0 0 Q O 0 O 0 0 O N C. N N ca O c0 CO z Z ' V 0 i-' 0 Q CHANGE ORDER SUMMARY Total changes approved in previous months by Owner Total approved this Month 0 NET CHANGES by Change Order 0 h Page 33 of 208 O 0 0 0 0 0 0 0 0) CL APPLICATION NO: 6 PERIOD TO: 12/1/2019 VIA (ARCHITECT): a 10 mo 0 N a Zas ¢ g ro m 10 W CO N y b co O `• �� 0N= ) • Z< as F-< mas .. 1] O �� O fie — a m F • N 0 <3R E Z W 0 Z 0 CONTRACT DATE: CONTRACT FOR: UNIT PRICE DESCRIPTION 75,000.00 100.00 O O O O O 0 O o 6 6 0 O o O O O O o b 6 b N M 0 0 O O d, U0 O O O O t� GO O o O O ch i- O 0 O 1- N 0 O O O [O LO Lf) T- ch r v r- 0 0 CD CD 0 0 0 0 0 6 6 6 0 6 6 6 O C. 0 0 0 0 0 0 0 0 0 0 0 0 0 o 6 6 0 0 0 CI 0 00 0 0 0 0 0 0 0 0 0 0 0 0 $753,016.25 00 0 O 0 V CO CDN 0 6 6 6 N 00 O iD O O co N ON 0 0 0 41 h usi us ▪ m o o N v r N. 0 • 0 • 0 O O O 0 O O 0 0 O O 0 CD CD CV 0 O 0 06 • m O • o CD O 0 0 ON ▪ • O N 0 6 !o 0o 6▪ LO o 0 1.000 75,000.0000 1.000 450,000.0000 PipeNalvesIBrackets/Manhole_ 1.000 150,000.0000 a O 0 0 0 0 10 39,237.4200 10,079.8300 10,009.0000 p o Cl CI CD 0 0 CD 0 0 r ✓ Changes to Electrical 4 N O 0 0 0 0 0 Cl 0 0 0 0 CD C3 0)N o 0 N COO O O 0 0 0 0 0 0 0 REPORT TOTALS 0 0 vi 0 0 6 Page 34 of 208 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, P.O. Box 73909 CEDAR RAPIDS, IOWA 52407-3909 MAINTENANCE BOND Bond Number 54220021 KNOW ALL BY THESE PRESENTS: That we Boomerang Corp 12536 Buffalo Road, Anamosa IA 52205 of as Principal , and UNITED FIRE & CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, Iowa, and authorized to do business in the Stale of Iowa as Surety, are held and firmly bound unto City of Waterloo, Iowa 715 Mulberry Street Waterloo IA 50703 in the penal sum Seven Hundred Fifty Three Thousand Sixteen Dollars and Twenty Five Cents of ($ 753016.25 ) Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, and administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a certain contract, dated November 27, 2017 , to furnish all the material and labor necessary for the construction of Waterloo Flow Equalization Facility Overflow Connection To Satellite WPCF Contract 880 in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 2 years from the date of acceptance of the work under said contract and WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa 715 Mulberry Street Waterloo IA 50703 as aforesaid; NOW, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work , then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. SIGNED, AND DELIVERED this 6th day of February A.D., 20 20 CONT0006 0101 Boomerang Corp Principal By)4(4-4 UNIT D RE & UAL ' By A or rn'act Cassandra I. Raley - Atte ey 1 a Page 35 of 208 algaINSURANCE UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, 1 'EBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN. CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW Al 1. PERSONS BY THESE PRESENTS; That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly. organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make. constitute and appoint TIMOTHY J. GASSMANN, KEVIN S. MEASE, CASSANDRA J. DALEY, JENNIFER J. FREYMARK, JOAN A. BONEWITZ, MICHAEL L. BYL, LORI A. FRERICHS, KATIE A. MCGLAUN, ANDREW J. SCANLON, MEGAN A. KUKER, GLENDA R. TIBBEN, NORMA J. CREIGHTON, EACH INDIVIDUALLY Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign: seal and execute in its behalf all lawful bonds, undertakings and other obligatory inslrunnents of similar .nature provided that no single obligation Shall exceed '$ 20 , 000 , 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney- pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 15t h day of November , 2021 unless Sooner revoked by United Fire & Casualty • Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. • This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2413 by the Boards of Directors of United;Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article — Surety Bonds and undertakings" Section 2, Appointment of Attomey-in-Fact. The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written Certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of • either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. State of Iowa, County of Linn, ss: IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 15t h day of November , 2019 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: .ems.-..,..�:�. Vice President On 15th day of November, 2019, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company; a Vice President of. United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate. seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and ackno\\ ledges same to be the act and deed of said coiporation s. Judith A Jones Iowa Notarial Seal Commission number 173041 My Commission Expires 4123/2021 Notary Public My commission expires: 4/23/2021 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty.Contpany and Assistant Secretary of Itinted Fire & Indemnity Cotnpanny, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is no‘ in full force and effect. In testimon hereof I have h reu subscribed my name and affixed th corporate seal of the said Corporations this day of , 20 . oaroaAr€ tT SEAL BPOA0045 122017 2.." 511\fS'I� f/'r Qr Z oLYjl O=",o1 =4`. .'Sss ra. �4(/FORH0:'� ','%fQ,g1111111 U1115� ``' This paper has a colored background and void pantograph. Assistant Secretary, UF&C & OF&I & FPIC Page 36 of 208 UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, P.O. Box 73909 CEDAR RAPIDS, IOWA 52407-3909 MAINTENANCE BOND Bond Number 54220021 KNOW ALL BY THESE PRESENTS: That we Boomerang Corp 12536 Buffalo Road, Anamosa IA 52205 of as Principal , and UNITED FIRE & CASUALTY COMPANY, an Iowa corporation of Cedar Rapids, lowa, and authorized to do business in the State of lowa as Surety, are held and firmly bound unto City of Waterloo, Iowa 715 Mulberry Street Waterloo IA 50703 in the penal sum Seven Hundred Fifty Three Thousand Sixteen Dollars and Twenty Five Cents of ($ 753016.25 Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their, and each of their heirs, executors, and administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a certain contract, dated November 27, 2017 , to furnish all the material and labor necessary for the construction of Waterloo Flow Equalization Facility Overflow Connection To Satellite WPCF Contract 880 in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials /hat may develop in said work within a period of 2 years from the date of acceptance of the work under said contract and WHEREAS, the said UNITED FIRE & CASUALTY COMPANY, of Cedar Rapids, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guaranies, indemnifying said City of Waterloo, Iowa 715 Mulberry Street Waterloo IA 50703 as aforesaid; NOW, THEREFORE, the Condition of This Obligation is Such, that if the said Principal does and shall, at his/her own cost and expense, remedy any and all defects that may develop in said work, within the period of 2 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work , then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. SIGNED, AND DELIVERED this 6th day of February A.D., 20 20 Boomerang Corp Principal By "S-16044,4, dIt,t,f2ti„ UNIT D FIRE & A UALT��• '" u`�or By A i f 0711% A' . -y-in ac CONT0006 0101 Cassandra J. Daley - ' tt . ney I , Page 37 of 208 NSURANCE UNITED FIRE &. CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL :PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and ekistiug under the laws of the State of California (herein collectively called the Companies), and having theircorporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint TIMOTHY J. GASSMANN', KEVIN S.•MEASE, CASSANDRA J. DALEY, JENNIFER J. FREYMARK, JOAN A. BONEWITZ, MICHAEL L. BYL, LORI A. FRERICHS, KATIE A. MCGLAUN, ANDREW J. SCANLON, MEGAN A. KUKER, GLENDA R. T1BBEN, NORMA J. CREIGHTON, EACH INDIVIDUALLY Inquiries: Surety Department 118 Second Al e SE Cedar Rapids, IA 52401 their true and lawful Attoniey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $20, 000, 000.00 .• and to bind the Companies thereby a_5 fully•and to the same extent as if such;,instruments were signed by the duly authorized officers of the Companies and 'all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 15t h day of November , 2021 unless sooner revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boardsof • Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. . "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint:by .written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. -113e signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to he valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach, the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all .power and authority previously Riven to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 15t h day of November , 2019 CORPORATE —�— SEAL 4islma� •, State of Ion}a, County of Linn, ss: 19BE a'r o411FOP��l:'Y UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: 0n 15th day of November, 2019, before me personally came Dennis J. Richmann to me lmown, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, .a Vice President of :United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed: the above instrtinient; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Vice President Oa I Judith A. Jones Iowa Notarial Seal Commission number 173041 My Commission Expires 4/23/2021 Notary Public My commission expires: 4/23/2021 I, Mary A. Bertsch, Assistant Secretary of United Fire '& Casualty Company and Assistant Secretary of United Fire & lundennnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same::are coixect transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force'and effect. In testimgtpy whereof I have h n subscribed my name and affixed the corporate seal of the said Corporations this 0 day of �t .. , 20 2-4 YY I1itx 11 o�`' BPOA0045 122017 �. v. = By: 995 � a 'y n9•tFORNsp. '— 4Au4t,IllI»4.0, This paper has a colored background and void pantograph. Assistant Secretary, UF&C & LT&I & FPIC Page 38 of 208 CITY OF WATERLOO Council Communication Resolution approving the award of asbestos survey services contract in the amount of $10,800 to Hawkeye Environmental of Solon, Iowa for properties located at: 1100 Sycamore Street, 105 E. l0th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/23/2020 Prepared: 3/11/2020 REVIEWERS: Department Reviewer Action Planning & Zoning Even, LeAnn Approved ATTACHMENTS: Description Type ❑ RFP-Contract #AS-3-2020-16P Cover Memo ❑ Bid Tabulation Backup Material ❑ Contract Cover Memo SUBJECT: Submitted by: Date 3/18/2020 - 11:59 AM Resolution approving the award of asbestos survey services contract in the amount of $10,800 to Hawkeye Environmental of Solon, Iowa for properties located at: 1100 Sycamore Street, 105 E. loth Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval The above mentioned properties where all acquired through Iowa Code 657A. Accepting bids for asbestos survey's is the first of three steps Summary Statement: towards demolition. After the asbestos survey's are complete, staff will go out for bid for asbestos abatement on those homes that where found to contain asbestos. And thirdly, staff will then solicit bids for demolition. Expenditure Required: unknown Source of Funds: Nuisance Abatement/Dilapidated Housing Policy Issue: Nusiance abatement Page 39 of 208 CITY OF WATERLOO, IOWA Request for Bids Due Thursday March 12, 2020 at 1:00 p.m. ASBESTOS SURVEY SERVICES 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street, 220 Hopkins Court. Prepared by City of Waterloo Planning and Zoning Department Page 40 of 208 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 1:00 p.m. Thursday March 12, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: Date of Issuance: Deadline for Proposal Submittal: Submit Sealed Proposal to: Address exactly as stated- —> —> Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: ASBESTOS SURVEY SERVICES-1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. Wednesday February 19, 2020 Thursday March 12 at 1:00 p.m., Central Time SEALED RFP FOR ASBESTOS SURVEY SERVICES City Clerk's Office City Hall 715 Mulberry Street, Waterloo Iowa, 50703-1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6I6V4cbf 208 Street and 220 Hopkins Court. Page 2 of 11 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�61Ew4'(bf 208 Street and 220 Hopkins Court. Page 3 of 11 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks, anticipated to be from (March 12, 2020) to (March 30, 2020). 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6I61V4cbf 208 Street and 220 Hopkins Court. Page 4 of 11 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail or email to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. 3.2.4 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6I6V4cbf 208 Street and 220 Hopkins Court. Page 5 of 11 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre - demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and monitoring of abatement in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Monitoring of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement monitoring, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.9 Reserved RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6lew4Scbf 208 Street and 220 Hopkins Court. Page 6 of 11 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. 4.1.12 Provide the above -described monitoring services on an as -needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within thirty (30) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. 4.3 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6I6V461cbf 208 Street and 220 Hopkins Court. Page 7 of 11 SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6I N42nrbf 208 Street and 220 Hopkins Court. Page 8 of 11 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6I61V4131rbf 208 Street and 220 Hopkins Court. Page 9 of 11 EXHIBIT "A" SIGNATURE PAGE 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court. The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Streah�6I6V4gcbf 208 Street and 220 Hopkins Court. Page 10 of 11 Our bid, for asbestos survey services of the above listed sites is and will not exceed: 1100 Sycamore Street $ 105 E. 10th Street $ 300 Allen Street $ 1527 E. 4th Street $ 2127 E. 4th Street (St. Mary's Church and School Buildings only) $ 1526 E. 4th Street $ 811 Williston Avenue $ 179 Rebecca Lane $ 1809 Black Hawk Street $ 118 Shilliam Avenue $ 1004 Fulton Avenue $ 817 Bluff Street (Quonset hut only) $ 514 Johnson Street $ 214 Cottage Street $ 921 W. 2nd Street $ 220 Hopkins Court Total $ The contractor with the lowest total bid for all properties will be awarded the contract. RFP FOR ASBESTOS SURVEY SERVICES — 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage StreAts 208 Street and 220 Hopkins Court. Page 11 of 11 ASBESTOS SURVEY SERVICES 1100 SYCAMORE STREET, 105 E. 10TH STREET, 300 ALLEN STREET, 1527 E. 4TH STREET, 2127 E. 4TH STREET (ST. MARY'S CHURCH AND SCHOOL BUILDINGS ONLY), 1526 E. 4TH STREET, 811 WILLISTON AVENUE, 179 REBECCA LANE, 1809 BLACK HAWK STREET, 118 SHILLIAM AVENUE, 1004 FULTON AVENUE, 817 BLUFF STREET (QUONSET HUT ONLY), 514 JOHNSON STREET, 214 COTTAGE STREET, 921 W. 2ND STREET AND 220 HOPKINS COURT Bid Tab: March 12, 2019 Estimate: $10,980.00 Bidder Bid Security Bid Amount Hawkeye Environmental Solon, IA $10,800.00 Page 51 of 208 EXHIBIT "C" CONTRACT FOR ASBESTOS SURVAY SERVICES 1100 Sycamore Street, 105 E. l0th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street, 220 Hopkins Court. This Contract for Asbestos Survey Services (the "Contract") is entered into as of March 23, 2020, by and between the City of Waterloo, Iowa ("City") and Hawkeye Environmental ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of one (1) month after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos survey services Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $10,800.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within seven (7) days after the City has issued a Notice to Proceed with respect to any particular property or set of Page 52 of 208 properties, and all work shall be completed and delivered within thirty (30) days after issuance of the Notice to Proceed. 4. Asbestos Survey contractor will visit each site to inspect each property to verify that work is has been completed according to existing State and Federal rules and regulations. After abatement work is complete for a given property, Asbestos Survey contractor must certify to the City in writing that all necessary work has been completed in accordance with applicable state and federal laws, rules and regulations. If inspection determines that the abatement work was not properly completed, abatement contractor will be liable for any additional compensation claims that the survey contractor makes to the City due to repeat site visits. Contractor will also be liable for such claims if, before final inspection, the survey contractor must re -visit the site to address asbestos hazards that were previously identified in the survey contractor's initial inspection report. 4.1 Reserved 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare 2 Page 53 of 208 that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 3 Page 54 of 208 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Survey Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Steve Henneberry-Hawkeye Environmental Attest: Kelley Felchle, City Clerk 4 Page 55 of 208 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as April 6, 2020, to authorize the sale and conveyance of property located east of 1994 Newell Street, to 4FI Waterloo, LLC, and Material Control Systems, Inc. (ConTrol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 176,980 square foot building, and instruct City Clerk to publish said notice. City Council Meeting: 3/23/2020 Prepared: 6/19/2019 REVIEWERS: Department Reviewer Planning & Zoning Higby, Nancy Action Approved ATTACHMENTS: Description Type D ConTrol DA 3.18.2020 Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Date 3/18/2020 - 3:30 PM Resolution setting date of public hearing as April 6, 2020, to authorize the sale and conveyance of property located east of 1994 Newell Street, to 4FI Waterloo, LLC, and Material Control Systems, Inc. (ConTrol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 176,980 square foot building, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Set date of hearing The City of Waterloo is working with ConTrol for a large industrial development project in the Northeast Industrial Park area. This project would give land for $1.00, tax rebates over an 8 year period, and a grant of approximately $1.515 million to accommodate poor soil conditions in the area. The project would raise the assessed value of the area from $102,270 to $11.5 million. $1,515,000 Northeast TIF and bond funds Economic Development Not approve Page 56 of 208 Background Information: The City of Waterloo acquired the site for this project from the Waterloo Industrial Development Association (WIDA) in 2004. In the early 90's WIDA worked to acquire many parcels of land for industrial development, in partnership with the City of Waterloo. The City has recently extended water and sewer and graded this site for industrial development in 2016-2017. That activity of making the site more "shovel ready" helped attract ConTrol for another expansion project in the Waterloo community. ConTrol has been in the Waterloo since the early 2000's, and built a 70,000 sq. ft. facility in 2006, and a 17,600 sq. ft. facility in 2011. This current project will bring a Phase I project of over 176,980 sq. ft., and eventual phases bringing over 200,000 sq. ft. The Development Agreement outlines the City's help through free land, tax rebates at 50% for 8 years, plus an additional 2 years at 35% if infrastructure needs to be relocated for the project. There is also a grant of $1.5 million for the project assistance, due to poor soil conditions of the site causing extra cost for the development of the site. Legal Descriptions: Northeast Industrial Park Plat No. 4 Lots 1, 2 & 3 Page 57 of 208 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City DEVELOPMENT AGREEMENT (319) 234.5701 Phone This Development Agreement (the "Agreement") is entered into as of , 2020, by and between 4FI Waterloo, LLC (the "Developer"), Material Control Systems, Inc., d/b/a Con-Trol Container Systems (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Developer is willing and able to finance and undertake construction and/or rehabilitation of buildings and related improvements on property located in the Northeast Industrial Area Urban Renewal and Redevelopment Plan area and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $1.00 (the "Purchase Price") within thirty (30) days after approval of this Agreement by City, which conveyance shall occur no later than May 29, 2020 (the "Closing"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record as set forth in an amended Deed of Dedication as provided in Page 58 of 208 DEVELOPMENT AGREEMENT Page 2 Section 2 (b) future real estate real property taxes and assessments arising after the date of Closing; (c) general utility and right-of-way easements serving the Property and of record; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Notwithstanding the foregoing, City shall have no duty to convey title to Developer until Developer delivers to City reasonable and satisfactory proof of Developer's financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer (such time period not to exceed thirty (30) days), Developer may terminate this Agreement, and shall have no obligation to accept title to the Property or otherwise perform under this Agreement. City shall promptly provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements by Developer. Developer shall construct a building consisting of approximately 176,980 square feet, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state and federal building codes, storm water regulations, and the Deed of Dedication for the Northeast Industrial Park Plat. It is contemplated that the value added by the Improvements will, upon completion, result in an assessed value of no less than $11,500,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's or Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Developer will be responsible to pay all applicable Project permitting fees, including but not limited to building permit fees, inspection fees (e.g., foundation, building, plumbing, heating, electrical, and plan reviews) and site plan amendment fees. City will waive the connection charges for water and sewer service. 2.1. City Activities to Aid Development. A. City agrees to amend the Deed of Dedication for the Northeast Industrial Park Plat as set forth on Exhibit "C" attached hereto, to modify the requirements for outside storage yards and related screening. In addition, if City requires any offsite infrastructure improvements, such as turn lanes, in connection with the Project, City will undertake such improvements at its sole expense and will not levy a special assessment against the Property to recover such expenses. B. Subject to the terms of this paragraph, the City of Waterloo will provide a grant of $1,515,000.00 to assist in building an improved "pad -ready" building site, suitable for new construction and permanent structures. City will pay the grant to the fee owner of the Property, whether it be Developer or Company, as appropriate. The grantee agrees to use the grant funds to defray Page 59 of 208 DEVELOPMENT AGREEMENT Page 3 Project costs related to correction of poor soil conditions that have been identified, including related expenses for associated general conditions, design costs, construction fees, and development fees. Payment will be made in two equal installments, with the first installment to be paid upon the last to occur of (1) verified completion of all foundation work or (2) September 1, 2020, and the second installment to be paid upon the last to occur of (x) March 31, 2021, or (y) thirty (30) days after issuance of a certificate of occupancy for the Improvements. By mutual written agreement of City's Community Planning and Development Director, Chief Financial Officer and Company, City may pay up to an additional $30,000 in grant funds, but any additional grant amount above $30,000.00 will require approval by the Waterloo City Council. C. The City shall provide, at its sole expense, a topographical survey of the Property and a preliminary plat and final plat (in substantial accordance with the site plan), subdividing the Property from adjacent property to be retained by the City. In connection with platting, the City may declare certain covenants and restrictions that are consistent with those applicable to adjacent subdivisions previously platted by the City. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment, the City would not do so. Developer must begin construction of the Improvements before July 1, 2020, and must substantially complete said Improvements by August 31, 2021. If Developer has not, in good faith, begun the construction of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, the City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. Any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay. If, after commencement of construction, construction is not completed by the Project Completion Date, as the same may be extended, then Developer shall buy out City's right of reverter of title by paying to City an amount equal to the fair market value of the Property in an unimproved condition as determined by mutually agreeable appraisal or the average of each party's appraised value. Said buy- out price shall be paid within thirty (30) days after determination of the fair market value. Page 60 of 208 DEVELOPMENT AGREEMENT Page 4 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances against the Property. Developer further agrees that it shall indemnify City and hold it harmless with respect to any lien, claim, charge, or encumbrance on or against the Property or any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. Notwithstanding the foregoing, Developer shall have no liability or responsibility to release any easements for utilities on the Property or other easements in furtherance of the development thereof. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason for a period of one year. 5. Property Tax Rebates. Provided that Developer has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 10, and subject to annual appropriation by the city council, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 50% rebate for each of Years One through Eight, inclusive, for any taxable value over the January 1, 2018 value of $102,270.00. Rebates are payable in respect of a given year only to the extent that Developer has actually paid general property taxes due and owing for such year and the city council has made an appropriation for the payment of rebates. To receive rebates for a given year, Developer must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise reasonably satisfactory to City, otherwise Developer will forfeit its right to a rebate for that year in the City's discretion. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. Page 61 of 208 DEVELOPMENT AGREEMENT Page 5 The City shall extend the rebate for two additional years by up to 35% to cover the cost of qualifying additional infrastructure, which includes the cost of capping and replacing existing water line stubs, the cost of placing requested water pits and meters at the water main tap, and the cost of re -spreading stockpiled soil, in a total amount not to exceed $240,000.00. If the rebate is extended, the parties will execute an amendment of the Minimum Assessment Agreement (see Section 10) to reflect the terms of such extension. 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage to finance Developer's completion of the Improvements and of which Developer notifies City in advance of Developer's execution of any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Utilities. Developer will be responsible for extending telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees after the City has caused all utilities to be stubbed to the Property. 8. Easements Reserved. In connection with conveyance of the Property or the Option Property, City shall reserve permanent utility easements and a grading easement as marked on Exhibit "C" attached hereto. 9. Option for Additional Land and Right of First Refusal. Provided that Developer is not in default under the terms of this Agreement, then Developer, its successors and assigns, shall have an option to purchase the real property described on Exhibit "A-1" and Exhibit "A-2" attached hereto (collectively, the "Option Property") for the sum of $1.00. Developer may exercise such option with respect to either or both parcels comprising the Option Property, provided that Developer shall enter into a development agreement and minimum assessment agreement with respect to an expansion project in connection with the exercise of such option. The parties agree that a project on the Option Property will be entitled to incentives commensurate with the project as prescribed by City development policies, up to substantially the same incentives that are provided for the Project under this Agreement. The option may be exercised at any time on or before the tenth (10th) anniversary of the date of this Agreement by delivery of written notice of exercise to City. Within ten (10) days following delivery of the Option notice, the parties shall execute a written purchase agreement in form acceptable to City and Developer, which purchase agreement shall require, among other things, that Closing shall occur on a date to be agreed upon by the parties following delivery of the option exercise notice, which date shall be within sixty (60) days of delivery of said notice. Developer shall also have a right of first refusal with respect to the Option Property. Upon receipt of written notice from City that includes the terms and conditions of a bona fide third -party offer for all or any portion of the Option Property, Developer Page 62 of 208 DEVELOPMENT AGREEMENT Page 6 shall have a period of fifteen (15) days in which to exercise its right of first refusal to purchase the subject portion of the Option Property, on the same terms and conditions as are set forth in the offer. Developer shall exercise the right by delivery of written notice to City, and thereafter Developer and City shall act with diligence to close on said transaction and to execute any related documents required by the offer. The Option Property shall be deed restricted so that no direct competitor of Company may, for a period of ten (10) years, own or use the Option Property so long as Company or any or its affiliates are operating on the Property. 10. Minimum Assessment Agreement. Developer acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Developer further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $11,500,000.00 (the "Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Developer agrees to sign said attached Exhibit "B" at the closing. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. Page 63 of 208 DEVELOPMENT AGREEMENT Page 7 B. Developer is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 13. Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Developer may sell, convey or transfer the Property to Company at any time without such consent, subject to Company's satisfaction of the condition stated below. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. As a condition to Developer's sale, conveyance, assignment or transfer to Company or another approved person or entity (each a "Successor"), the Successor must assume in writing each and every one of Developer's duties under this Agreement, and effective upon such assumption the Successor will succeed to all of Developer's rights under this Agreement that accrue thereafter. The written instrument of assignment and assumption will be recorded in the land records of Black Hawk County, Iowa, and promptly following execution of such instrument a copy thereof will be delivered to City. 14. Materiality of Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for the parties to enter this Agreement. Each party hereto acknowledges that without such promises, covenants, representations, and warranties of the other party, it would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, the non -breaching party may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Intentionally deleted. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: Page 64 of 208 DEVELOPMENT AGREEMENT Page 8 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attomey and the Community Planning and Development Director. 52722. (b) if to Developer, at 1805 State Street, Suite 101, Bettendorf, IA (c) if to Company, at 375 36th Street, East Moline, IL 61244 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 17. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 19. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 20. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. Page 65 of 208 DEVELOPMENT AGREEMENT Page 9 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives, 22. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23, Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof: 24. Time of Essence. Time is -of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER — 4FI Waterloo, LLC By: y. Quentin M. Hart, Mayor Kevin Koellner Managing Member. Attest: Kelley Felchle, City Clerk COMPANY - Material Control Systems, Inc., cja Con -col Container Systems nn Larson, President/C'O Page 66 of 208 EXHIBIT "A" Legal Description of Property The area that will be described as Lot 1, Northeast Industrial Park Plat No. 4, City of Waterloo, Iowa. Page 67 of 208 EXHIBIT "A-1" Legal Description of Option Property The area that will be described as Lot 2, Northeast Industrial Park Plat No. 4, City of Waterloo, Iowa. Page 68 of 208 EXHIBIT "A-2" Legal Description of Additional Option Property The area that will be described as Lot 3, Northeast Industrial Park Plat No. 4, City of Waterloo, Iowa. Page 69 of 208 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2020 by and among the CITY OF WATERLOO, IOWA ("City"), 4FI Waterloo, LLC ("Developer"), Material Control Systems, Inc., d/b/a Con-Trol Container Systems ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Developer and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Northeast Industrial Area Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $11,500,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before August 31, 2021. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2031. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code Page 70 of 208 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording, 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOVVA DEVELOPER — 4F1 Waterloo, LLC By: By: Quentin M. Hart, Mayor Kevin Koellner Managing Member By: Kelley Felchle, City Clerk COMPANY Material Control Systems, Inc„ a Con -Trot container Systems By; l4,4 Donn Larson, President/CEO Page 71 of 208 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this of , 2020, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF ) ss. COUNTY OF Notary Public ,`okik STEPHANIE STONE g `# COMMISSION NUMBER 799697 MY COMMISSION EXPIRES tWP I o -Cr. 2. 2 Subscribed and sworn to before me on ,V l Cc/4`P') , 2020 by Kevin Koellner as Managing Member of 4FI Waterloo, LLC. Page 72 of 208 STATE OF Jt-GENo / 5 ) ss, COUNTY OF R/361‹ }tJ p ) Subscribed and sworn to before me on tilfigch /6 , 2020 by Donn Larson as President/CEO of Material Control Systems, d/b/a Con-Trol Container Systems, 0 OFFICIAL SSI L 4 JUDY G ':;:OTT 4 NOTARY PUBLIC, STATE OF ILLINOIS I My Commission Expires Juiy 24, 2020 Page 73 of 208 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improve- ments to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Eleven Million Five Hundred Thousand Dollars ($11,500,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2020, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 74 of 208 EXHIBIT "C" Site Map Showing Easements See attached. Page 75 of 208 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 3/23/2020 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 3/17/2020 - 1:48 PM ATTACHMENTS: Description Type ❑ Bonds for council approval 3.23.2020 Backup Material SUBJECT: Bonds. Page 76 of 208 BONDS FOR COUNCIL APPROVAL March 23, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900384431 ALAN EVEN DBA AL'S KOUNTRY CONSTRUCTION LLC JESUP, IA IA 537881 ALFRED SCHOTT LA PORTE CITY, IA 7900418841 ALL STAR PLUMBING AND HEATING HUDSON, IA 7901010488 BDC GROUP INC. CEDAR RAPIDS, IA 7900452170 BENTON SAND & GRAVEL INC. CEDAR FALLS, IA 7900386224 BOULDER CONTRACTING GRUNDY CENTER, IA 7900452203 BOWERS MASONRY INC. WATERLOO, IA 7900314398 COUNTRY BUILDERS JANESVILLE, IA 55-219400 DAVE SCHMITT CONSTRUCTION COMPANY, INC. CEDAR RAPIDS, IA IA5199523 DON MILLER DBA DON MILLER CONSTRUCTION WATERLOO, IA IA 573467 EARNEST BENNETT WATERLOO, IA 7900402302 FAILOR HURLEY CONSTRUCTION WATERLOO, IA 7900452185 HUFF CONTRACTING INC. WATERLOO, IA 7900452206 IOWA HEARTLAND HABITAT FOR HUMANITY WATERLOO, IA 7900452183 K CUNNINGHAM CONSTRUCTION CO. INC. CEDAR FALLS, IA 55-207658 KOELKER EXCAVATING INC. MARION, IA IA 580340 LARSON CONSTRUCTION CO. INC. INDEPENDENCE, IA IA 594846 MANATT'S INC. BROOKLYN, IA 7900452193 MARK RUSSELL DBA RUSSELL CONSTRUCTION WATERLOO, IA 7901006032 MARTINEZ CONCRETE LLC WATERLOO, IA IA 537826 MARTINSON CONSTRUCTION CO INC. WATERLOO, IA 7900452208 MATTHIAS LANDSCAPE COMPANY INC. WATERLOO, IA 107204877 MIDWEST BASEMENT SYSTEMS INC. DBA MIDWEST FOUNDATION REPAIR, INC. URBANDALE, IA 2258776 MURPHY TOWER SERVICE LLC CARLISLE, IA IA 597492 PM SYSTEMS CORPORATION DBA PATE ASPHALT MARION, IA IA 627709 QUALITY CONSTRUCTION SERVICES ELDRIDGE, IA 7900433961 REX CONCRETE INC. CEDAR RAPIDS, IA 7900453032 REYES CONCRETE SERVICES LLC JESUP, IA 7900452189 ROBERT LUCAS DBA LUCAS ASPHALT PAVING EVANSDALE, IA IA 599391 SEEHASE MASONRY INC. SUMNER, IA 016069339 TELCOM CONSTRUCTION LLC CLEARWATER, MN 7900452191 TODD VAN DORN DBA TODD VAN DORN CONSTRUCTION CEDAR FALLS, IA 7900452199 TOM GIBERSON DBA TOTAL MASONRY CEDAR FALLS, IA 7900418812 VAN WECHEL INC. DBA PRECISION CONCRETE GRUNDY CENTER, IA 6075016 WHOLE EXCAVATION LLC HUDSON, IA Page 77 of 208 CITY OF WATERLOO Council Communication Request by AutoZone, Inc., for a Site Plan Amendment to the "S-1" Shopping District to construct a new retail store located south of 3115 Kimball Ave. City Council Meeting: 3/23/2020 Prepared: 3/3/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Council Packet ❑ Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Date 3/13/2020 - 10:53 AM 3/16/2020 - 9:53 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approve a request by AutoZone, Inc., for a Site Plan Amendment to the "S-1" Shopping District to construct a new retail store located south of 3115 Kimball Avenue. 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 herewith is a request by AutoZone, Inc. for a Site Plan Amendment to the "S-1" Shopping District to construct a new retail store located south of 3115 Kimball Avenue. 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. Page 78 of 208 Background Information: The request to construct the new retail building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other commercial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Kimball Avenue, which is a Minor Arterial. There are no recreational trail located near the site. There is sidewalks located on the west side of Kimball and their site plan does include sidewalks along the site. The area in question has been zoned "S-1" Shopping Center District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Commercial and retail, zoned "S-1" Shopping Center District, including KFC Chicken and other commercial users. South — Vacant Land and Residential zoned "S-1" Shopping Center District and "R-2" One and Two Family Residence District. East — Multi -Family Residential and Professional Office zoned "S-1" Shopping Center District. West — Kimball Avenue, Commercial, Professional Office and Multi -Family Residential zoned "S-1" Shopping Center District and "R-4" Multiple Residence District. No buffers would be required as a part of this rezoning 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 is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The surrounding area consists of multi -family residences built in 2018, single family residential built between 1960 and 1970, commercial built between 1968 and 2016, and professional office built between 1968 and 1988. No portion of the property is located within a flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0303F, dated July 18, 2011. Lou Henry Elementary School is located 0.40 miles to the southwest, Hoover Middle School is located 0.35 miles to the southwest, and West High School is located 0.35 miles to the northeast. Bontrager Park is located 0.41 miles to the southeast and Paulson Park is located 0.41 miles to the southwest. There is a 8" Sanitary Sewer Line in Kimball Avenue that turns west at the south end of 3115 Kimball Avenue then runs in the center of the frontage road. There is also an 18" storm sewer located on the east side of Kimball Avenue along with a 4" drain tile. The Future Land Use Map designates this area as Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is proposing to build a 6,800 square foot retail store on the east side of Kimball just south of 3115 Kimball Avenue (Kentucky Fried Chicken). Parking requirement is one parking space for every 250 square feet of Page 79 of 208 Legal Descriptions: customer use area. Using the 6800 square feet to measure the parking requirement would equal 28 parking spaces including 2 handicap spaces, although the actual number would be less after subtracting non -customer use areas, which makes up a large portion of the typical AutoZone store due to the amount of auto parts storage areas. The applicant is proposing 39 parking spaces including the 2 handicap spaces, which is substantially above the requirements of the Zoning Ordinance. The request would not appear to have a negative impact on traffic conditions in the area. Auto Parts stores unlike other types of retailers or restaurants have a steady flow of customers instead of the big peaks and valleys that many others have. The applicant is proposing a driveway entrance on the south side of their building which should reduce interference from traffic accessing the commercial buildings to the north or the frontage road on the west side of Kimball. At their March 3, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the site plan amendment. Applicant will need to submit side elevations before public hearing at city council. The applicant is proposing to subdivide the property and the proposed plat is included on a separate request. Therefore, staff recommends that the request for site plan amendment in the "S-1" Shopping District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. 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, etc. LOT 1 THAT PART OF PARCEL "C", LOCATED IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 3, AND THE NORTHEAST FRACTIONAL QUARTER OF SECTION 4, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, SOUTHHAVEN ADDITION TO THE CITY OF WATERLOO, A #5 REBAR FOUND FOR CORNER; THENCE CONTINUING NORTHERLY, ON A GRID BEARING OF, NORTH 00°54'26" WEST, ON THE EAST RIGHT-OF-WAY LINE OF KIMBALL AVENUE, 248.55 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY, ON THE EAST RIGHT- OF-WAY LINE OF KIMBALL AVENUE, 248.55 FEET, TO A #4 REBAR WITH PLASTIC CAP FOUND ON THE SOUTH LINE OF THE NORTH 540 FEET SOUTH OF THE SOUTH LINE OF Page 80 of 208 RIDGEWAY AVENUE; THENCE DEPARTING SAID EAST RIGHT- OF-WAY LINE, EASTERLY, NORTH 89°21'13" EAST, ALONG THE SOUTH LINE OF THE NORTH 540 FEET SOUTH OF THE SOUTH LINE OF RIDGEWAY AVENUE, 175.05 FEET, TO A FOUND #4 REBAR WITH PLASTIC CAP; THENCE SOUTHERLY, SOUTH 00°54'O1" EAST, 250.00 FEET; THENCE WESTERLY, SOUTH 89°21'13" WEST, 175.02 FEET, TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 43,759 SQUARE FEET, OR 1.005 ACRES, MORE OR LESS. Page 81 of 208 March 3, 2020 REQUEST: Request by AutoZone, Inc. for a Site Plan Amendment to the "S-1" Shopping District to construct a new retail store located south of 3115 Kimball Avenue. APPLICANT(S): AutoZone, Inc. 123 S. Front Street, 3rd Floor, Memphis, TN 38103. GENERAL The applicant is requesting to construct a new retail store. DESCRIPTION: SURROUNDING The request to construct the new retail building would not LAND USES AND appear to have a negative impact upon the surrounding area IMPACT ON as it would appear to be compatible with other commercial NEIGHBORHOOD: development in the area. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Kimball Avenue, CONDITIONS: which is a Minor Arterial. RELATIONSHIP TO There are no recreational trail located near the site. There is RECREATIONAL sidewalks located on the west side of Kimball and their site TRAIL PLAN AND plan does include sidewalks along the site. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "S-1" Shopping Center FOR SITE AND District since the adoption of the zoning ordinance in 1969. IMMEDIATE VICINITY: Surrounding land uses and their zoning designations are as follows: North — Commercial and retail, zoned "S-1" Shopping Center District, including KFC Chicken and other commercial users. South — Vacant Land and Residential zoned "S-1" Shopping Center District and "R-2" One and Two Family Residence District. East — Multi -Family Residential and Professional Office zoned "S-1" Shopping Center District. West — Kimball Avenue, Commercial, Professional Office and Multi -Family Residential zoned "S-1" Shopping Center District and "R-4" Multiple Residence District. BUFFERS/ No buffers would be required as a part of this rezoning request. SCREENING/ The applicant will need to submit and execute a landscaping LANDSCAPING plan for the site during the building permit approval process. REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. SPA -South of 3115 Kimball Avenue Page 1 of Page 82 of 208 March 3, 2020 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: The surrounding area consists of multi -family residences built in 2018, single family residential built between 1960 and 1970, commercial built between 1968 and 2016, and professional office built between 1968 and 1988. No portion of the property is located within a flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0303F, dated July 18, 2011. Lou Henry Elementary School is located 0.40 miles to the southwest, Hoover Middle School is located 0.35 miles to the southwest, and West High School is located 0.35 miles to the northeast. Bontrager Park is located 0.41 miles to the southeast and Paulson Park is located 0.41 miles to the southwest. UTILITIES: WATER, There is a 8" Sanitary Sewer Line in Kimball Avenue that turns SANITARY SEWER, west at the south end of 3115 Kimball Avenue then runs in the STORM SEWER, ETC. center of the frontage road. There is also an 18" storm sewer located on the east side of Kimball Avenue along with a 4" drain tile. RELATIONSHIP TO The Future Land Use Map designates this area as COMPREHENSIVE Commercial. The proposed site plan amendment would be in LAND USE PLAN: conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is proposing to build a 6,800 square foot retail ZONING store on the east side of Kimball just south of 3115 Kimball ORDINANCE: Avenue (Kentucky Fried Chicken). Parking requirement is one parking space for every 250 square feet of customer use area. Using the 6800 square feet to measure the parking requirement would equal 28 parking spaces including 2 handicap spaces, although the actual number would be less after subtracting non -customer use areas, which makes up a large portion of the typical AutoZone store due to the amount of auto parts storage areas. The applicant is proposing 39 parking spaces including the 2 handicap spaces, which is substantially above the requirements of the Zoning Ordinance. The request would not appear to have a negative impact on traffic conditions in the area. Auto Parts stores unlike other types of retailers or restaurants have a steady flow of customers instead of the big peaks and valleys that many others have. The applicant is proposing a driveway entrance on the south side of their building which should reduce interference from traffic accessing the commercial buildings to the north or the frontage road on the west side of Kimball. SPA -North of 1318 Martin Road Page 2 of Page 83 of 208 March 3, 2020 TECH REVIEW AND UPDATES STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: At their March 3, 2020 meeting the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the site plan amendment. Applicant will need to submit side elevations before public hearing at city council. The applicant is proposing to subdivide the property and the proposed plat is included on a separate request. Therefore, staff recommends that the request for site plan amendment in the "S-1" Shopping District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. 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, etc. SPA -North of 1318 Martin Road Page 3 of Page 84 of 208 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 MARTIN RD HIRE R -0 BERKS m PAULINE ►A'1 R-3, PRAIRIE VEADOW CT* 1 R-P EXCELSIOR W HILLTOP RD MEADOW LN ER PARK DR B-P CAROM NA AVE R-3 CAROLINA AVE W. MITCHELLAVE I E. MITCHELL AVE } O Q w Q� 4 Q inzI- ELLENXE�ce JULIE CT II BOURLAND O BOURLAND AVE • S.'U 2 AVE - m0 O Q :o m IVANHOE RD m MIDL OTHIAN 6 WILSHIRE AVE TERRACE DR MORGAN RD CORNWALL AVE R-3 LIFESTYLE LN * ACADIA ST GLENCOE AVE p PIDS w I' w ,Sa 1 R-4 ' 4TWOOD AVE w • I�--1 _ 0 K } I w D FDf,Fi K s m w VE • R-3 m ,NF HILLTOP RD = O0 U — y �R �y,P wV1, PARKL AVE IwX R-3 Q U eROT 2� SARATOGA DR U Uco 1 R-4 W • p w>R2C1- y HAINES AVE 5C-ZWW BARRYINGTON DR 4 1R-3 p ' 1w RACHAEL ST EDGEMONT z p R-2 R-3 R-4�I c W z'+ LL 1�e� r R-4 i 49c o c}7 0 m \ PN T, -Q- 3 Z J O J C-1, c I ? 6-Z1 0 R-4 R-3 1 OLYMPIC DR z Iy = 00 Iw R-40 6- Z = W �C-`1 BYRON AVE EUREKA ST LORRAINE EASLEY 1BYRON AVE = LIBERTY AVE m • PATTON AVE R=21- C-LL C-1-1C-Z R-2TC-Z BOURLAND AVE co LOCKE AVE yLORETTA AVE WISNER DR W. SAN MARNAN DR C-P OWER PADR WINN ST SAN MARNAN DR THBROOK R-4 C-1 Cr1,C-Z N MARNAN ACCESS OURLAND AVE CORNWALL AVE LORRAINE AVE EASTON AVE LOCKE AVE 9 LORETTA AVE a 0 rc WISNER DR LINDNER DR LEONA AVE LO R-2, C-Z COLUMBUS DR FR. BRUNKEN BLVD R-3 �RAVENWOOD RD R4; R=P p w fn z U m PEARL R-2 WILDWOOD RD C=1 PAIGE Rp-2 SO YA DR' ' R-4 C_2 E. SAN MARNAN DR M-1 South of 3115 Kimball Avenue Site Plan Amendment AutoZone, Inc. Page 85 of 208 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 South of 3115 Kimball Avenue Site Plan Amendment AutoZone, Inc. Page 86 of 208 K:\TWC LDEV\AutoZone\Waterloo, IA #5996\3 Design\CAD\PlanSheets\C4-SITE PLAN.dwg February 06, 2020 - 7:39pm This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. - GAS GAS • • GAS CAS U) C D U) C L D U) C D U) C D U) C D U) C D U) GAS C D U) C D U) C D U) III I III I II II II 111 III GRADING AND DRAINAGE EASEMENT I II I II I II I II I II Z / /30.00' / 24.0' 5' SIDE YARD SETBACK BLDG. AREA = ±6,800SF FFE = 933.20 ///'/,/// // // 5' SIDE YARD SETBACK N 31.0' I 35' SIDE YARD SETBACK I I 15.0' SANITARY SEWER EASEMENT KEYNOTES BUILDING & PAVING 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 PIPE GUARD - SEE DETAILS 15 & 16 / C1.A DUMPSTER LAYOUT - SEE DETAILS 8,9,10, & 11/ C1.A SERVICE DOOR PLAN - SEE DETAIL 15/ C1.A BOLLARD PLAN - SEE DETAIL 14/ C1.A CONCRETE LIGHT POLE BASE - SEE DETAIL 13/ C1.A AIM LIGHT FIXTURE IN DIRECTION AS INDICATED. CURB & GUTTER @ CONCRETE PAVING - SEE DETAIL 1 / C1.A CURB & GUTTER @ ASPHALT PAVING - SEE DETAIL 2 / C1.A - NOT USED - - NOT USED - CONCRETE PAVING - SEE DTL. 1 & 4/ C1.A. EXPANSION AND CONTROL JOINTS - SEE DTLS. 20 & 21/ C1.A. MAXIMUM SPACING FOR CONTROL JOINTS IS 15' O.C. EACH WAY. ASPHALT PAVING - SEE DTL. 2&3/ C1.A. 6'-0" LONG CONCRETE WHEEL STOP PINNED TO PAVEMENT (TYPICAL). LOCATE 3'-6" FROM FACE OF CURB OR SIDEWALK SEE DETAIL 17 / C1.A 4" WIDE PARKING STRIPE PAINTED WHITE (TYP.) 4" WIDE DIAGONAL STRIPES PAINTED WHITE AT 2 FT. O.C. HANDICAP PARKING SIGN - SEE DETAIL 12/ C1.A G.C. TO PROVIDE ONE VAN ACCESSIBLE SIGN. CONCRETE SIDEWALK - SEE DETAIL 23 & 24/ C1.A FOR SIDEWALKS AROUND BUILDING ACCESSIBLE RAMP - SEE DETAIL 6 &19/C1.A - MAX. SLOPE 1:12 (8.33%) , MAX. CROSS SLOPE 1:50 (2.00%) TRUNCATED DOME TO BE A CONTRASTING COLOR. LANDSCAPE AREA - SEE SHEET L1.0 FOR ADDITIONAL INFORMATION - NOT USED - - NOT USED - STOP SIGN, MUTCD R1-1 LOADING AREA: SLOPE AT MAX. 2-1/2% AWAY FROM BUILDING. RIP RAP DOWNSPOUT PAD 5' X 5' CONCRETE PAD NEW CONCRETE CURB PER CITY REQUIREMENTS, MATCH EXISTING "NO PARKING" SIGN, - SEE DETAIL 18/C1.A TYPICAL ARROW PAVEMENT MARKING - SEE DETAIL 27/C1.A TYPICAL PAINTED ACCESSIBLE PARKING SYMBOL - SEE DETAIL 7/C1.A STENCILED WHITE "8 "NO PARKING" LETTERING FLAT CURB TRANSITION CURB GENERAL NOTES 1. PROOF ROLL BUILDING AND ALL PARKING AREAS. NOTIFY THE ARCHITECT OF ANY UNACCEPTABLE AREAS. 2. EDGE OF NEW PAVEMENT TO BE FLUSH WITH EXISTING PAVEMENT. 3. ALL SIDEWALK CURB AND GUTTER STREET PAVING, CURB CUTS, DRIVEWAY APPROACHES, HANDICAP RAMP, ETC. CONSTRUCTED OUTSIDE THE PROPERTY LINE IN THE RIGHT-OF-WAY SHALL CONFORM TO ALL MUNICIPAL AND/OR STATE SPECIFICATIONS AND REQUIREMENTS. 4. FOR AREAS OUTSIDE THE PROPERTY LINES, REPAIR AND/OR REPLACE ALL DAMAGE DONE TO EXISTING ELEMENTS (SIDEWALKS, PAVING, LANDSCAPING, ETC.) AS REQUIRED BY OWNER AND/OR GOVERNING AUTHORITY. 5. FOR PROPOSED UTILITY LOCATIONS, SEE THE UTILITY PLAN. GRAPHIC SCALE IN FEET 0 10 20 40 LEGEND 4 PROPERTY LINE SETBACK LINE GRADING AND DRAINAGE EASEMENT PROPOSED CURB AND GUTTER PROPOSED HEAVY DUTY ASPHALT PROPOSED STANDARD DUTY ASPHALT PROPOSED STANDARD DUTY CONCRETE PAVEMENT PROPOSED HEAVY DUTY CONCRETE PAVEMENT PROPOSED CONCRETE SIDEWALK PROPERTY SUMMARY STORE NO. 5996 TOTAL PROPERTY AREA 1.00 AC SANITARY EASEMENT AREA 0.09 AC) PROPOSED IMPERVIOUS AREA 0.75 AC PROPOSED PERVIOUS AREA 0.36 AC TOTAL DISTURBED AREA 1.11 AC ZONING SUMMARY EXISTING ZONING S-1, SHOPPING CENTER COMMERCIAL DISTRICT PROPOSED ZONING S-1, SHOPPING CENTER COMMERCIAL DISTRICT PARKING SETBACKS SIDE/REAR = 5' BUILDING SETBACKS FRONT = 20' SIDE = 5' REAR = 35' BUILDING DATA SUMMARY AREAS PROPOSED PROPERTY 1.00 AC BUILDING AREA 6,800 SF (13.7% OF TOTAL PROPERTY AREA) PARKING REQUIRED PARKING 28 SPACES @ 1 /250 SF PROPOSED PARKING 39 SPACES ADA STALLS REQ'D / PROVIDED 2 STALLS / 2 STALLS SITE PLAN NOTES 1. ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS. 2. CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 3. ALL INNER CURBED RADII ARE TO BE 3' AND OUTER CURBED RADII ARE TO BE 10' UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'. 4. ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 5. EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID. 6. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. 7. SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BY HUSKER SURVEYING, DATED 12/19/2019. KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS CONTAINED THEREIN. 8. TOTAL LAND AREA IS 1.00 ACRES. 9. PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARE SHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TO VERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THE CONSTRUCTION OF THE PYLON / MONUMENT SIGN. 10. CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 11. NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE AND UNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATED WITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESS SPECIFICALLY NOTED ON PLANS OTHERWISE. 12. REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS. 13. REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTY BOUNDARY DIMENSIONS. 14. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 15. ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 16. ALL PARKING STALLS TO BE 9' IN WIDTH AND 18' IN LENGTH UNLESS OTHERWISE INDICATED. UM" w Q 0 REVISIONS 0 z c cu 2 © 2018 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM w I - a 0 rn N N AS SHOWN 0) w DESIGNED BY co w DRAWN BY 0 J CHECKED BY Z J a w STORE NO. 5996 PREPARED FOR AUTOZONE WATERLOO SHEET NUMBER Cl .0 Page 87 of 208 K:\TWC LDEV\AutoZone\Waterloo, IA #5996\3 Design\CAD\PlanSheets\C5-GRADING PLAN.dwg February 06, 2020 - 7:39pm This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. - GAS GAS GAS CAS G U) C) D U) C) D U) C) D U) PWR-b9-- C) D U) C) D U) C) D U) AS C) D U) ;'\ II C) D U) C) D U) C) D U) GAS PWR PWR 934 933 GAS 1 I I I I I I I I I I (ME:933.89 II II �I III ELIDD ME:934.07 -934- 934 7--TGAS GAS I I '-!ME:932.86) (ME:934.25 G:931.55 STRM-106 CB 24"X36" WITH 4' SUMP RE:931.56 I IE:927.56 S I k I�, rI I II (ME:930.31 (ME:929.60)- T:929.50 G:929.00 ME:929.11 (ME:929.74 929.22 (T:929.72 7:1 486%% HP:931.93 I GRADE BREAK 9 9:1 I ,pz 930.01 929.97 T:929.73 G:929.39 1(T/G:929.49 4T/G:929.57 2�7 153LF-12"PVC @ 0.95% G:929.86 T:930.07 930.07 6 930.02 -II /' I I j-(ME:929.69) 1 ME:929.67) T:932.56 G:932.02 T:932.34)(T:932.88 G:931.84 G:932.38 1.45% \(932.43 T:930.24 STRM-105 CB 24"X36" WITH 4' SUMP ▪ / �30 RE:929.44 o IE:925.44 NE 0) i/ G:929.66)/ a T.930.16 ME:928.75, 932.60 G:932 45 T:933.01 933.12 G:932.64 (G:932.64 T:933.14 G:932.64 T/G:932.65 (T/G:932.65 48% 932.36 (T:933.13 (G:932.63 T:930.94 / (G:930.44 op 932 ME:931.62 ME:934.85) (ME:935.39 -g35 934 933 933.09 933.20) 3 FT WIDE GRADED 0.95% BENCH AT 2.0% 0.95% 933.20) BLDG. AREA = ±6,800SF FFE = 933.20 / 3 FT WIDE GRADED BENCH AT 4.0% - 936 - ------------- 932.16) 933.09 933.09 933.12 ; 933.20 ; 933.20 932.72 932.72) 933.20 T:933.14 G:932.64) 933.20 --(T:933.13) --(G:932.63) • STRM-104 4' SUMP MH RE:931.11 IE:925.00 SW 1E:926.10 N T:930.93 G:930.43 18LF-12"PVC @1.42% otio 4At% STRM-100 \CP„ WYE CONNECTION ° IE:923.50 N IE:923.51 E. IE:923.50 S M E:934.00 ) (933.20 (--(933.20) 933.20 I STRM -102 4' SUMP MH RE:932.51 IE:926.18 NE OCS-101 OUTLET CONTROL STRUCTURE RE:931.53 IE.923.75 S v-15 LF - 12" PVC @ 1.42% 933.08 933.08 ME:935.77) I ME:934 88)- 1 I 1 I I CENTERLINE OF RASS SWALE .35) ME:933.42) ME:932.14 LP:930.69) 13:1 T:933.45 G:933.01 i / / STRM-103 27" NYLOPLAST CB, OR PREAPPROVED SIMILAR RE:930.69 IE:926.69 SW ME:931.79 ME:931.00) BMP #1: UNDERGROUND STORM DETENTION SYSTEM PRINSCO HS-180 CHAMBERS STONE/UNDERDRAIN IE: 923.75 CHAMBER IE: 924.50 WATER QUALITY IE: 925.80 TOP PIPE: 928.29 TOP STONE: 929.29 TOTAL STORAGE: 11,068 CF TOTAL WATER QUALITY VOLUME: 9,699 CF 100 YR HWL: '' '93 ` APPROXIMATE LIMITS OF 1UNDERGROUND STORM WATER MANAGEMENT SYSTEM 4:1 T:932.25 G:931.75 60 LF - 12" PVC @ 1.22% CONNECT TO EXISTING EXISTING STRM MH (CONTRACTOR TO LOCATE) IE:923.28 N IE: ±917.6 SE (CONTRACTOR TO 932 VERIFY INVERT) -933 {ME:933.97) / \ l 24.5> STRM-107+ 27" NYLOPLAST CB, OR PREAPPROVED SIMILAR RE:931.00 IE:924.24 W LP:931.00) T:932.39 G:931 ME:933.39) (ME:931.03 ME:931.23 ME:931.69 ME:932.46 l (MF•93n 36) LEGEND 925 • PROPERTY LINE EXISTING CONTOUR PROPOSED CONTOUR PROPOSED STORM MANHOLE (SOLID CASTING) PROPOSED STORM MANHOLE (ROUND INLET CASTING) PROPOSED STORM MANHOLE/ CATCH BASIN (CURB INLET CASTING) PROPOSED STORM SEWER CLENOUT PROPOSED FLARED END SECTION PROPOSED RIPRAP PROPOSED STORM SEWER PROPOSED SPOT ELEVATION PROPOSED HIGH POINT ELEVATION PROPOSED LOW POINT ELEVATION PROPOSED GUTTER ELEVATION PROPOSED TOP OF CURB ELEVATION PROPOSED FLUSH PAVEMENT ELEVATION MATCH EXISTING ELEVATION 0.00°/0 PROPOSED ADA SLOPE GRADING PLAN NOTES 1. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF WATERLOO, SPECIFICATIONS AND BUILDING PERMIT REQUIREMENTS. 2. CONTRACTOR TO CALL IOWA ONE CALL @ 811 or 1-800-292 -8989 AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS. 3. STORM SEWER PIPE SHALL BE AS FOLLOWS: RCP PER ASTM C-76 HDPE: 12" OR GREATER PER ASTM F-2306 PVC SCH. 40 PER ASTM D-3034 STORM SEWER FITTINGS SHALL BE AS FOLLOWS: RCP PER ASTM C-76, JOINTS PER ASTM C-361, C-990, AND C-443 HDPE PER ASTM 3212 PVC PER ASTM D-3034, JOINTS PER ASTM D-3212 4. CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OR EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS. 5. SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO HELP OFFSET ANY STABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP SLOPES. WHEN PLACING NEW SURFACE MATERIAL ADJACENT TO EXISTING PAVEMENT, THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TO AVOID UNDERMINING OF EXISTING PAVEMENT. 6. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 7. CONTRACTOR SHALL EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS. 8. GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATION AND LEAVE STREET READY FOR SUBBASE. 9. ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE. 10. REFER TO THE UTILITY PLAN FOR SANITARY SEWER MAIN, WATER MAIN SERVICE LAYOUT AND ELEVATIONS AND CASTING / STRUCTURE NOTATION. 11. CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITH SMOOTH UNIFORM SLOPES TO PROVIDE POSITIVE DRAINAGE. 12. INSTALL A MINIMUM OF 4" CLASS 5 AGGREGATE BASE UNDER CURB AND GUTTER AND CONCRETE SIDEWALKS. 13. UPON COMPLETION OF EXCAVATION AND FILLING, CONTRACTOR SHALL RESTORE ALL STREETS AND DISTURBED AREAS ON SITE. ALL DISTURBED AREAS SHALL BE RE -VEGETATED WITH A MINIMUM OF 4" OF TOPSOIL. 14. ALL SPOT ELEVATIONS/CONTOURS ARE TO GUTTER / FLOW LINE UNLESS OTHERWISE NOTED. 15. GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALL CONFORM TO CURRENT ADA STATE/NATIONAL STANDARDS. IN NO CASE SHALL ACCESSIBLE RAMP SLOPES EXCEED 1 VERTICAL TO 12 HORIZONTAL. IN NO CASE SHALL SIDEWALK CROSS SLOPES EXCEED 2% . IN NO CASE SHALL LONGITUDINAL SIDEWALK SLOPES EXCEED 5%. IN NO CASE SHALL ACCESSIBLE PARKING STALLS OR AISLES EXCEED 2% (1.5% TARGET) IN ALL DIRECTIONS. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVING. NO CONTRACTOR CHANGE ORDERS WILL BE ACCEPTED FOR A.D.A COMPLIANCE ISSUES. 16. MAINTAIN A MINIMUM OF 0.5% GUTTER SLOPE TOWARDS LOW POINTS. 17. CONTRACTOR TO PROVIDE 3" INSULATION BY 5' WIDE CENTERED ON STORM PIPE IF LESS THAN 4' OF COVER IN PAVEMENT AREAS AND LESS THAN 3' OF COVER IN LANDSCAPE AREAS. 18. ROOF DRAIN INVERT CONNECTIONS AT THE BUILDING SHALL BE AT ELEVATION 833.20 OR LOWER UNLESS NOTED OTHERWISE. REFERENCE MEP PLANS FOR ROOF DRAIN CONNECTION. 19. ALL STORM SEWER CONNECTIONS SHALL BE GASKETED AND WATER TIGHT INCLUDING MANHOLE CONNECTIONS. 20. ALL STORM SEWER PIPE SHALL BE AIR TESTED IN ACCORDANCE WITH THE CURRENT PLUMBING CODE. 21. MAINTAIN A MINIMUM OF 1.25% SLOPE IN BITUMINOUS PAVEMENT AREAS, 0.5% SLOPE IN CONCRETE PAVEMENT AREAS. 22. CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL CURB" WHERE PAVEMENT DRAINS TOWARD GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM GUTTER. NORTH GRAPHIC SCALE IN FEET 0 10 20 40 MINN >- co REVISIONS cu © 2018 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM o 0) AS SHOWN co co DESIGNED BY co DRAWN BY CHECKED BY < 0- < Z STORE NO. 5996 PREPARED FOR AUTOZONE WATERLOO SHEET NUMBER Page 88 of 208 +14'-10" J.B.H. 19'- 0" +14'-10" J.B.H. 19'- 0" // NA II / / TYPICAL PAINT SCHEME WHITE ORANGE +16'-10" J.B.H. WHITE DARK GRAY RED WHITE FRONT WALL (HIGH SIDE) RIGHT SIDE WALL MEDIUM GRAY DARK GRAY 19'- 0" Color Elevation AutoZone Store //5996 WATERLOO, IA I\ 7 I n 9 10 11 12 13 14 (15) 16 17 18 19 TWO PIECE COMPRESSION TRIM SPLIT FACE CONCRETE MASONRY UNITS WALL MOUNTED LIGHT FIXTURE PIPE GUARD WITH RED SLEEVE MFG. WHITE EXTERIOR INSULATED FINISH - PAINT WHITE PAINT MAN DOOR RED & METAL FRAMES BLACK DO NOT PAINT OVERHEAD DOOR PAINT ANGLES BLACK EXPANSION JOINT ALUMINUM STOREFRONT - RED KYNAR FINISH GLASS AND ALUMINUM DOORS - CLEAR ANODIZED FINISH FRONT WALL SIGN - 44" L.S. CHANNEL LETTERS LEFT WALL SIGN - 44" AZO CHANNEL LETTERS TOILET WALL VENTS PAINT TO MATCH WALL STORE ADDRESS - 6" WHITE REFLECTIVE NUMBERS PAINT GUTTER AND DOWNSPOUTS TO MATCH BACKGROUND WALL COLOR. BOND BEAM AT ROOF LINE LEFT SIDE WALL SIGN - NOT USED CLERESTORY WINDOW - EVERGREEN GLASS FAUX WINDOWS - OPAQUE BLACK GLASS +14'-10" J.B.H. REAR WALL '(LOW SIDE) LEFT SIDE WALL TO JANUARY 10, 2020 Page 89 of 208 K:\TWC LDEV\AutoZone\Waterloo, IA #5996\3 Design\CAD\PlanSheets\L1-LANDSCAPE PLAN.dwg March 12, 2020 - 7:44am This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. GAS ■III■■I■■• •■I III ' I 1I% ■ I ■ I II ■ I II ■I II GAS -EL ▪ I ■I II III ■I II ■ I I�3 - LDNI ■ I II ■I 11 -GSL ■ I II �I II ■ I II ■ I II ■ I II ■ I II ■ ■ ■ ' —PWR f WR PWR-j PWR— KIMBALL AVENUE ■ ■ ■ ■ ■ N ▪ I I ■ ■ ■I II I ■ II ■III ■I ■HI ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ G S/ GAS iwll — 3 - LDN — 1 - GSL — 3 - SGJ GAS 1 - GSL 3 - LDN 3 - KFG 1 - GTI 3-GOJ 16 - BAJ ■ ■ ■ `� ■ ■ ■ ■ ■ ■ ■ ■ ■ N N -IS IL N.I_$M GIL t11 Md GAS GAS 2 - GTI GAS aMd bmd elMd BLDG. AREA = ±6,800SF FFE = 933.20 GASH 9 1 BHSI I I I I I I I I I I I I1111111111 11111111111 11 1111111111111111111 11 1111111111111I I I I I+I11 1 111111111111 11 111111111 1 1 LANDSCAPE SUMMARY L__1; NENF 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111N,I 11111111111111111111111111111111111111111111111111111111111111IfF � TOTAL SITE AREA: TOTAL LANDSCAPE AREA: PERCENTAGE LANDSCAPED: LANDSCAPE POINTS REQUIRED*: LANDSCAPE POINTS PROVIDED: 43,759 S.F 15,445 S.F 35% = (15,445 S.F / 43,750 S.F) 232 = ( .015 POINTS PER SQUARE FEET * 15,445 S.F) 250 POINTS = (4-5' HT. CONIFEROUS* 40) + (9-5 GALLON SHRUBS *10) *MINIMUM POINTS REQUIRED BY TREES: 151 POINTS = (232 * 0.65) POINTS PROVIDED BY TREES: 160= (4-5' HT. CONIFEROUS* 40) *ALL VEHICULAR USE AREA PLANTINGS SHALL BE WITHIN 5' OF THE VEHICULAR USE PERIMETER AND SHALL USE 2" CAL. MINIMUM TREES VEHICULAR USE LANDSCAPING STANDARDS PLANT UNITS REQUIRED: 846 POINTS = 21,160 / 0.04 0.04 PTS PER SF OF VEHICULAR USE AREA LANDSCAPE POINTS PROVIDED: STREET TREES LANDSCAPING STANDARDS PLANT UNITS REQUIRED: 1.5 PTS PER LF OF FRONTAGE 850 POINTS = ((6-, 3" CAL. OVERSTORY TREES * 90) + (31-, 5 GALLON SHRUBS * 10)) 375 POINTS = 250 L.F. * 1.5 LANDSCAPE POINTS PROVIDED: 240 POINTS = PROPOSED 3 - 2.0 CAL. * 80 PLANT SCHEDULE TREES CONIFEROUS TREE OVERSTORY TREE CONIFEROUS SHRUBS 0 0 DECIDUOUS SHRUBS 0 O GROUND COVERS PERENNIALS GRAPHIC SCALE IN FEET 0 10 20 40 LANDSCAPE KEYNOTES CODE QTY GTI 3 CODE QTY BHS 2 WHP 2 CODE QTY ABM 3 GSL 3 CODE QTY GOJ 3 TOT 9 CODE QTY GLS 14 LDN 9 CODE QTY BAJ 16 CODE QTY KFG 3 BOTANICAL NAME GLEDITSIA TRIACANTHOS 'SUNCOLE TM BOTANICAL NAME PICEA GLAUCA'DENSATA` PINUS STROBUS BOTANICAL NAME ACER X FREEMANII 'AUTUMN BLAZE' TILIA CORDATA'GREENSPIRE BOTANICAL NAME JUNIPERUS VIRGINIANA 'GREY OWL' THUJA OCCIDENTALIS 'TECHNY' BOTANICAL NAME RHUS AROMATICA 'GRO-LOW' PHYSOCARPUS OPULIFOLIUS 'LITTLE DEVIL' TM BOTANICAL NAME HEMEROCALLIS X 'BAJA' COMMON NAME SUNBURST HONEYLOCUST COMMON NAME BLACK HILLS SPRUCE WHITE PINE COMMON NAME AUTUMN BLAZE MAPLE GREENSPIRE LITTLELEAF LINDEN COMMON NAME CONT CAL B & B 3"CAL CONT CAL SIZE B&B 5' HT. B&B 5'HT. CONT CAL SIZE B&B 3"CAL. B&B 2"CAL. CONT SPACING SIZE SIZE GREY OWL JUNIPER 5 GAL 4' O.C. TECHNY ARBORVITAE 5 GAL 5' O.C. COMMON NAME CONT SPACING SIZE GRO-LOW FRAGRANT SUMAC 5 GAL 4' O.C. DWARF NINEBARK 5 GAL 4' O.C. COMMON NAME CONT SIZE SPACING BAJA DAYLILY #1 CONT 24" O.C. BOTANICAL NAME COMMON NAME CONT SIZE SPACING CALAMAGROSTIS X ACUTIFLORA 'KARL FOERSTER' KARL FOERSTER FEATHER REED GRASS #1 CONT 30" OC LANDSCAPE LEGEND EDGER (TYP.) DOUBLE SHREDDED HARDWOOD MULCH (TYP.) ROCK MULCH (TYP.) SOD (TYP.) MAINTENANCE STRIP (TYP.) SEED DISTURBED AREAS OUTSIDE OF SOD/IRRIGATION LIMITS WITH SUDAS TYPE 1 PERMANENT LAWN MIXTURE (TYP.) EXISTING TREE TO REMAIN (TYP.) • EXISTING DECIDUOUS TREE (TYP.) C - EXISTING CONIFEROUS TREE (TYP.) EXISTING SHRUB (TYP.) EDGER (TYP.) .� 1� APPROXIMATE LIMITS OF SOD / IRRIGATION, ■0 SOD ALL DISTURBED AREAS (TYP.) \\\\II II /// 1110 APPROXIMATE LIMITS OF SEED (TYP.) N N M O CITY COMMENTS >- m w Q 0 REVISIONS 0 z c L 2 cu 2018 KIMLEY-HORN AND ASSOCIATES, INC. 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 PHONE: 651-645-4197 WWW.KIMLEY-HORN.COM AS SHOWN DESIGNED BY U) DRAWN BY CHECKED BY Z J a LANDSCAPE STORE NO. 5996 PREPARED FOR AUTOZONE WATERLOO SHEET NUMBER L1.0 Page 90 of 208 Site Plan Amendment — AutoZone Looking southwest from Prairie Rapids Apartments. Looking northwest from Prairie Rapids Apartments. Looking south from the KFC toward Park Lane along Kimball Avenue. Looking north along Kimball Avenue toward the KFC. Page 91 of 208 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 X Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): AutoZone, Inc. - Cassandra Peeler Address:123 S. Front Street, 3rd Floor Phone:901-495-8753 Fax: City:Memphis State: TN Zip: 38103 b. Status of applicant: (a) Owner X (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: PID 8813-03-151-030 along Kimball Avenue b. Legal description of property or portion to be amended: See attached sheet for Legal Description c. Dimensions of proposed site plan amendment: North half of lot, 250' x 175' d. Area of proposed site plan amendment: 1.005 Acres +/- e. Current zoning: S-1 Shopping Center Comm. District f. Reason(s) for site plan amendment and proposed use(s) of property: Proposed new AutoZone Parts Store and subdivision of the lot g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. �OrU� Signature of Applicant tivrear.retirkit, Date Signature of Owner Date Page 92 of 208 LEGAL DESCRIPTION LOT 1 THAT PART OF PARCEL "C", LOCATED IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 3, AND THE NORTHEAST FRACTIONAL QUARTER OF SECTION 4, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, AND BEING MOIRE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, SOUTHHAVEN ADDITION TO THE CITY OF WATERLOO, A #5 REBAR FOUND FOR CORNER; THENCE NORTHERLY, ON A GRID BEARING OF, NORTH 00°54'26" WEST, ON THE EAST RIGHT-OF-WAY LINE OF KIMBALL AVENUE, 248.55 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY, ON THE EAST RIGHT-OF-WAY LINE OF KIMBALL AVENUE, 248.55 FEET, TO A #4 REBAR WITH PLASTIC CAP FOUND ON THE SOUTH LINE OF THE NORTH 540 FEET SOUTH OF THE SOUTH LINE OF RIDGEWAY AVENUE; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, EASTERLY, NORTH 89°21'13" EAST, ALONG THE SOUTH LINE OF THE NORTH 540 FEET SOUTH OF THE SOUTH LINE OF RIDGEWAY AVENUE, 175.05 FEET, TO A FOUND #4 REBAR WITH PLASTIC CAP; THENCE SOUTHERLY, SOUTH 00°54'01" EAST, 250.00 FEET; THENCE WESTERLY, SOUTH 89°21'13" WEST, 175.02 FEET, TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 43,759 SQUARE FEET, OR 1.005 ACRES, MORE OR LESS. LOT 2 THAT PART OF PARCEL "C", LOCATED IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 3, AND THE NORTHEAST FRACTIONAL QUARTER OF SECTION 4, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, SOUTHHAVEN ADDITION TO THE CITY OF WATERLOO, A #5 REBAR FOUND FOR CORNER; THENCE NORTHERLY, ON A GRID BEARING OF, NORTH 00°54'26" WEST, ON THE EAST RIGHT-OF-WAY LINE OF KIMBALL AVENUE, 248.55 FEET, THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, EASTERLY, NORTH 89°21'13" EAST, 175.02 FEET; THENCE SOUTHERLY, SOUTH 00°54'01" EAST, 248.53 FEET, TO A POINT OF INTERSECTION ON THE NORTH LINE OF LOT 2, SOUTHHAVEN ADDITION TO THE CITY OF WATERLOO; THENCE WESTERLY, SOUTH 89°20'47" WEST, ALONG THE NORTH LINE OF SAID SOUTHHAVEN ADDITION TO THE CITY OF WATERLOO, 174.99 FEET, TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 43,495 SQUARE FEET, OR 0.998 ACRES, MORE OR LESS. Page 93 of 208 LOT 1 THAT PART OF PARCEL "C", LOCATED IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 3, AND THE NORTHEAST FRACTIONAL QUARTER OF SECTION 4, ALL IN TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1, SOUTHHAVEN ADDITION TO THE CITY OF WATERLOO, A #5 REBAR FOUND FOR CORNER; THENCE CONTINUING NORTHERLY, ON A GRID BEARING OF, NORTH 00°54'26" WEST, ON THE EAST RIGHT-OF-WAY LINE OF KIMBALL AVENUE, 248.55 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTHERLY, ON THE EAST RIGHT-OF-WAY LINE OF KIMBALL AVENUE, 248.55 FEET, TO A #4 REBAR WITH PLASTIC CAP FOUND ON THE SOUTH LINE OF THE NORTH 540 FEET SOUTH OF THE SOUTH LINE OF RIDGEWAY AVENUE; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE, EASTERLY, NORTH 89°21'13" EAST, ALONG THE SOUTH LINE OF THE NORTH 540 FEET SOUTH OF THE SOUTH LINE OF RIDGEWAY AVENUE, 175.05 FEET, TO A FOUND #4 REBAR WITH PLASTIC CAP; THENCE SOUTHERLY, SOUTH 00°54'01" EAST, 250.00 FEET; THENCE WESTERLY, SOUTH 89°21'13" WEST, 175.02 FEET, TO THE POINT OF BEGINNING. CONTAINING A TOTAL CALCULATED AREA OF 43,759 SQUARE FEET, OR 1.005 ACRES, MORE OR LESS. Page 94 of 208 CITY OF WATERLOO Council Communication Request by PDG Development, LLC, to vacate a 4,197 square feet storm water management easement located south of 3834 W. 4th Street. City Council Meeting: 3/23/2020 Prepared: 3/5/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Staff Report ❑ Overview Map ❑ Aerial Map ❑ Pictures ❑ Vacate Plat ❑ Legal Description ❑ Application SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 3/13/2020 - 10:59 AM 3/16/2020 - 9:58 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance approving a request by PDG Development, LLC, to vacate a 4,197 square feet storm water management easement located south of 3834 W. 4th Street. 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 PDG Development, LLC to vacate a 4,197 square feet storm water management easement, located south of 3834 W 4th Street. The Planning and Zoning Commission recommended unanimous approval of the vacate request at their regular meeting on March 3, 2020. Page 95 of 208 Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate a Storm Water Management Easement Background Information: This a request by PDG Development, LLC to vacate a 4,197 square feet storm water management easement, located south of 3834 W 4th Street. The applicant is requesting to vacate the 4,197 square feet storm water management easement that is no longer required.The request to vacate the storm water management easement would not appear to have a negative impact on the neighborhood. The property in question is zoned "R-3" Multiple Family Residence District, and has been zoned as such since adoption of the Zoning Ordinance in 1969. Surrounding land uses and there zoning are as follows: North — Condominiums, zoned "R-4" Multiple Family Residence District. South — Magnolia Hills Subdivision (single family homes and duplexes), zoned "R-3" Multiple Family Residence District. East — Child care center and condominiums, zoned "R-3" Multiple Family Residence District and "R-4" Multiple Family Residence District. West -Condominiums and duplexes, zoned "R-3" Multiple Family Residence District and "R-4" Multiple Family Residence District There is an existing 12" water main, 8" sanitary sewer main, and 18" storm sewer with 4" drain tile located under West 4th Street. The vacate area in question runs east and west along W 4th Street and is no longer needed as a storm water management easement area. The area was dedicated as a drainage easement, but the applicant's engineer has redesigned the drainage management for the site, decreasing the area needed for a drainage easement. The applicants are requesting to vacate the excess drainage easement to increase the buildable area of the lot. Therefore, staff recommends the request by PDG Development, LLC to vacate a 4,197 square feet storm water management easement, located south of 3834 W 4th Street be approved for the following reasons: 1. The request to vacate the storm water management easement would not appear to have a negative impact on the surrounding area. 2. The request to vacate storm water management easement would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The vacate area is no longer needed for storm water management purposes. Page 96 of 208 Legal Descriptions: Description An existing storm water management easement located in Lot 12 of Magnolia Hills subdivision, recorded in instrument No. 2019-00003413 the office of the recorder, Black Hawk County, Iowa in the northwest'/4 of the southwest'/4 of Section 5, Township 88 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County Iowa. More particularly described as follows: commencing at the southwest comer of Lot 12 of said Magnolia Hills Subdivision; Then, Northeasterly 48.64' along the ARC of A 1113.86' radius curve, concave southeasterly, having a chord bearing of N34°22' 13'E and chord distance of 48.63' along the west line of said Lot 12; Thence S54°22'44"E 20.00' to the point of beginning; thence northeasterly 150.43' Along the ARC of A 1093.86' Radius curve, concave southeasterly, having a chord bearing of N39°33'40"E and a chord Distance of 150.31; Thence N47°55'53"E 110.08'; Thence, S42°04'07"E 21.12; Thence S47°45'50"W 258.80' to the Point of Beginning, Containing 4,197 square feet/0.10 Acres. Page 97 of 208 March 23, 2020 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: Request by PDG Development, LLC to vacate a 4,197 square feet storm water management easement, located south of 3834 W 4th Street. PDG Development, LLC, 1732 Pinehurst Lane, Waterloo Iowa, 50701. The applicant is requesting to vacate the 4,197 square feet storm water management easement that is no longer required. The request to vacate the storm water management easement would not appear to have a negative impact on the neighborhood. The request to vacate the storm water management easement will not impact pedestrian or traffic conditions in the immediate vicinity. The nearest recreational trail is the Sergeant Road Trail, which is located approximately 1,600 feet to the west of the vacate area. The property in question is zoned "R-3" Multiple Family Residence District, and has been zoned as such since adoption of the Zoning Ordinance in 1969. Surrounding land uses and there zoning are as follows: North — Condominiums, zoned "R-4" Multiple Family Residence District. South — Magnolia Hills Subdivision (single family homes and duplexes), zoned "R-3" Multiple Family Residence District. East — Child care center and condominiums, zoned "R-3" Multiple Family Residence District and "R-4" Multiple Family Residence District. West -Condominiums and duplexes, zoned "R-3" Multiple Family Residence District and "R-4" Multiple Family Residence 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. The surrounding area consists predominantly of multi -family homes, twin -homes, condos, and vacant land. The majority of the housing construction occurred during the 2000's and 2010's The vacate area in question is not located within a Special Flood Hazard Area as identified in the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190031 and Panel Number 0284F, dated July 18, South of 3834 W 4th Street Easement Vacate Page 1 of 2 Page 98 of 208 March 23, 2020 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: 2011. Hoover Middle School is located 1.61 miles to the east, Kingsley Elementary is located 2 miles to the northeast, and West High is located 2.2 miles to the northeast of the vacate area. There is an existing 12" water main, 8" sanitary sewer main, and 18" storm sewer with 4" drain tile located under West 4th Street. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. There are no utilities within the portion of the drainage easement to be vacated. The vacate area in question runs east and west along W 4th Street and is no longer needed as a storm water management easement area. The area was dedicated as a drainage easement, but the applicant's engineer has redesigned the drainage management for the site, decreasing the area needed for a drainage easement. The applicants are requesting to vacate the excess drainage easement to increase the buildable area of the lot. The Planning and Zoning Committee unanimously approved the vacated request at their regular meeting on March 3, 2020. There would be no platting required in relation to the request. Therefore, staff recommends the request by PDG Development, LLC to vacate a 4,197 square feet storm water management easement, located south of 3834 W 4th Street be approved for the following reasons: 1. The request to vacate the storm water management easement would not appear to have a negative impact on the surrounding area. 2. The request to vacate storm water management easement would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The vacate area is no longer needed for storm water management purposes. South of 3834 W 4th Street Easement Vacate Page 2 of 2 Page 99 of 208 City of Waterloo City Council March 23, 2020 A-1 M-2,P B-P A-1 At11(s- M-2,P ATHENS DR B-P CYCLONE DR—`Q�' xPr C-2,C-Z 4.W RIDGEWAY,AVE W R=4 GQ� 'l,,, <<y m /( /Ty9ss% V `/o ?F,5 1.'05 04 R-3,R-P 6-p z R-1 �O —��- R-4 o —QL R-2,C-Z R-3, R-4 C-Z R-4,C-Z W SAN MARNAN DR AUDo4, lk)0 0 F CARAS RDA FALCON RG R-4, R-P DAKOTA DR f R-1 A-1 R-3 PATRICK C-1 OLYMP/C DR C-2,C-Z ?:Ia DIIDV7VE S. of 3834 W. 4th Street Drainage Easement Vacate PDG Development, LLC Page 100 of 208 City of Waterloo City Council March 23, 2020 S. of 3834 W. 4th Street Drainage Easement Vacate PDG Development, LLC Page 101 of 208 \ W'� , ,,,r &IF!'r I.V"T1�� » A 75 37.5 0 75 �ferloo `o eet South of 3823 West 4th — Drainage Easement Vacate Looking towards West 4th Street in the middle of the property where the two- family dwellings would be constructed. Standing in the middle of the property looking towards Westchester Road at where single-family homes would be constructed. Looking across West 4th Street at existing multiple -family development. Looking at the drainage channel near the southeast part of the property from Westchester Road that will be used for water detention purposes. Page 102 of 208 EASEMENT VACATION INDEX LEGEND LOCATION: IN THE NW1/4 OF THE SW1/4, SECTION 5-88-13, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA PROPRIETOR: MAGNOLIA DEVELOPMENT LLC SURVEY REQUESTED BY: MAGNOLIA DEVELOPMENT LLC FIELD WORK COMPLETED: 1/20/2020 SURVEY PREPARED BY: RESPOND TO: TRAVIS STEWART CLAPSADDLE-GARBER ASSOCIATES, INC, 16 EAST MAIN STREET, P.O. BOX 754, MARSHALLTOWN, IOWA 50158 PHONE 641-752-6701 TSTE WART@ C GACO N S U LTAN TS. CO M Curve Table CURVE DATA ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD C1 48.64' 1113.86' 2°30'07" N34°22'13"E 48.63' C2 150.43' 1093.86' 7°52'46" N39°33'40"E 150.31' LINE DATA LINE NUMBER BEARING DISTANCE L1 S54°22'44"E 20.00' L2 N47°55'53"E 110.08' L3 S42°04'07"E 21.12' PARCEL "C" INSTR #2012-00017524 SW CORNER N 1/2 SW 1/4 SECTION 5-88-13 FND 5/8" REBAR DESCRIPTION SEE SHEET 2 OF 2 FND 1/2" REBAR LOT 12 POINT OF BEGINNING SW CORNER LOT 12 FND 1/2" REBAR POINT OF COMMENCEMENT SOUTH LINE NW�4 SW1 4 NW1/4 SW1/9 SEC. 5— 88— 13 EXISTING STORMWATER MANAGEMENT EASEMENT 4,197 SF/0.10 ACRES (TO BE VACATED) FND 3/8" REBAR LOT 7 MAGNOLIA HILLS' INSTR #2019-00003913 LOT 6 LOT 4 LEGEND: A GOVERNMENT CORNER MONUMENT FOUND A GOVERNMENT CORNER MONUMENT SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #17162 • PARCEL OR LOT CORNER MONUMENT FOUND O SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #17162 () RECORDED AS NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. N SCALE 1 "=100' 0 100' MAGNOLIA DEVELOPMENT SURVEY CITY OF WATERLOO, BLACK HAWK COUNTY I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Iowa. Travis R. Stewart, PLS date Iowa License Number 17162 My License Renewal Date is December 31, 2021 Pages or sheets covered by this seal: SHEETS 1 OF 2 AND 2 OF 2 CGA Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www. cgaconsultants.com DRAWN CAQ SHEET NO. 1 OF 2 DATE 1-23-2020 PROJECT NO. 5708.05 J:\5708\dwg\Survey\Storm Sewer Esmt Vacation 1-23-2020\5708 Plat Survey - Stormwater Easement Vacation.dwg - Easement V cation - 01-24-20 - 1:07pm - caq288 P age 103 of 208 DESCRIPTION AN EXISTING STORMWATER MANAGEMENT EASEMENT LOCATED IN LOT 12 OF MAGNOLIA HILLS SUBDIVISION, RECORDED IN INSTRUMENT NO. 2019-00003413 THE OFFICE OF THE RECORDER, BLACK HAWK COUNTY, IOWA IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO,BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 OF SAID MAGNOLIA HILLS SUBDIVISION; THENCE, NORTHEASTERLY 48.64' ALONG THE ARC OF A 1113.86' RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF N34°22'13"E AND A CHORD DISTANCE OF 48.63' ALONG THE WEST LINE OF SAID LOT 12; THENCE, S54°22'44"E 20.00' TO THE POINT OF BEGINNING; THENCE, NORTHEASTERLY 150.43' ALONG THE ARC OF A 1093.86' RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF N39°33'40"E AND A CHORD DISTANCE OF 150.31'; THENCE, N47°55'53"E 110.08'; THENCE, S42°04'07"E 21.12'; THENCE, S47°45'50"W 258.80' TO THE POINT OF BEGINNING, CONTAINING 4,197 SO FT/0.10 ACRES. CGA Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultants.com DRAWN SHEET NO. CAQ 2 OF 2 DATE PROJECT NO. 1-23-2020 5708.05 J:\5708\dwg\Survey\Storm Sewer Esmt Vacation 1-23-2020\5708 Plat Survey - Stormwater Easement Vacation.dwg - Plat LEGL 2 - 01-24-20 - 1:08pm - cag288 P age 104 of 208 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way © Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property 1732 Pinehurst Ln, Waterloo, Applicant: PDG Development, LLC Address: IA 50701 Phone No.: 319-239-4446 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Part of existing drainage easement on northerly portion of Lot 12, Magnolia Hills. Legal description of area to be conveyed, vacated, or encroached: See attached plat of survey. 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: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves addition • �;f�" u ,t�� a.: c reason for the request. Applicant *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 105 of 208 EASEMENT VACATION INDEX LEGEND LOCATION: IN THE NW1/4 OF THE SW1/4, SECTION 5-88-13, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA PROPRIETOR: MAGNOLIA DEVELOPMENT LLC SURVEY REQUESTED BY: MAGNOLIA DEVELOPMENT LLC FIELD WORK COMPLETED: 1/20/2020 SURVEY PREPARED BY: RESPOND TO: TRAVIS STEWART CLAPSADDLE-GARBER ASSOCIATES, INC, 16 EAST MAIN STREET, P.O. BOX 754, MARSHALLTOWN, IOWA 50158 PHONE 641-752-6701 TSTE WART@ C GACO N S U LTAN TS. CO M Curve Table CURVE DATA ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD C1 48.64' 1113.86' 2°30'07" N34°22'13"E 48.63' C2 150.43' 1093.86' 7°52'46" N39°33'40"E 150.31' LINE DATA LINE NUMBER BEARING DISTANCE L1 S54°22'44"E 20.00' L2 N47°55'53"E 110.08' L3 S42°04'07"E 21.12' PARCEL "C" INSTR #2012-00017524 SW CORNER N 1/2 SW 1/4 SECTION 5-88-13 FND 5/8" REBAR DESCRIPTION SEE SHEET 2 OF 2 FND 1/2" REBAR LOT 12 POINT OF BEGINNING SW CORNER LOT 12 FND 1/2" REBAR POINT OF COMMENCEMENT SOUTH LINE NW�4 SW1 4 NW1/4 SW1/9 SEC. 5— 88— 13 EXISTING STORMWATER MANAGEMENT EASEMENT 4,197 SF/0.10 ACRES (TO BE VACATED) FND 3/8" REBAR LOT 7 MAGNOLIA HILLS' INSTR #2019-00003913 LOT 6 LOT 4 LEGEND: A GOVERNMENT CORNER MONUMENT FOUND A GOVERNMENT CORNER MONUMENT SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #17162 • PARCEL OR LOT CORNER MONUMENT FOUND O SET 1/2" x 30" REBAR w/ORANGE PLASTIC ID CAP #17162 () RECORDED AS NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. N SCALE 1 "=100' 0 100' MAGNOLIA DEVELOPMENT SURVEY CITY OF WATERLOO, BLACK HAWK COUNTY I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Professional Land Surveyor under the laws of the State of Iowa. Travis R. Stewart, PLS date Iowa License Number 17162 My License Renewal Date is December 31, 2021 Pages or sheets covered by this seal: SHEETS 1 OF 2 AND 2 OF 2 CGA Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www. cgaconsultants.com DRAWN CAQ SHEET NO. 1 OF 2 DATE 1-23-2020 PROJECT NO. 5708.05 J:\5708\dwg\Survey\Storm Sewer Esmt Vacation 1-23-2020\5708 Plat Survey - Stormwater Easement Vacation.dwg - Easement V cation - 01-24-20 - 1:07pm - caq288 P age 106 of 208 DESCRIPTION AN EXISTING STORMWATER MANAGEMENT EASEMENT LOCATED IN LOT 12 OF MAGNOLIA HILLS SUBDIVISION, RECORDED IN INSTRUMENT NO. 2019-00003413 THE OFFICE OF THE RECORDER, BLACK HAWK COUNTY, IOWA IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5th P.M., CITY OF WATERLOO,BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 OF SAID MAGNOLIA HILLS SUBDIVISION; THENCE, NORTHEASTERLY 48.64' ALONG THE ARC OF A 1113.86' RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF N34°22'13"E AND A CHORD DISTANCE OF 48.63' ALONG THE WEST LINE OF SAID LOT 12; THENCE, S54°22'44"E 20.00' TO THE POINT OF BEGINNING; THENCE, NORTHEASTERLY 150.43' ALONG THE ARC OF A 1093.86' RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF N39°33'40"E AND A CHORD DISTANCE OF 150.31'; THENCE, N47°55'53"E 110.08'; THENCE, S42°04'07"E 21.12'; THENCE, S47°45'50"W 258.80' TO THE POINT OF BEGINNING, CONTAINING 4,197 SO FT/0.10 ACRES. CGA Clapsaddle-Garber Associates, Inc 16 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultants.com DRAWN SHEET NO. CAQ 2 OF 2 DATE PROJECT NO. 1-23-2020 5708.05 J:\5708\dwg\Survey\Storm Sewer Esmt Vacation 1-23-2020\5708 Plat Survey - Stormwater Easement Vacation.dwg - Plat LEGL 2 - 01-24-20 - 1:08pm - cag288 P age 107 of 208 CITY OF WATERLOO Council Communication Request by DGOGWaterlooia062619, LLC, to rezone a 3.082-acre property, north of 5225 Dysart Road, from "R-4" Multiple Residence to "C-P" Planned Commercial District, to construct a new Dollar General Store. City Council Meeting: 3/23/2020 Prepared: 3/5/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Staff Report ❑ Overview Map ❑ Aerial Map ❑ Exterior Elevations ❑ Signage ❑ Pictures D Site Distance Map ❑ Site Plan with Sidewalks ❑ Application SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 3/13/2020 - 10:57 AM 3/16/2020 - 9:55 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, approving a rezone of certain property, located north of 5225 Dysart Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request DGOGWaterlooia062619, LLC to rezone a 3.082-acre property north of 5225 Dysart Road from "R-4" Multiple Page 108 of 208 Summary Statement: Residence to "C-P" Planned Commercial District to construct a new Dollar General Store. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategic Plan 1, 3, and 4 Background Information: The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of agricultural land abutting, and residential across Highway 218, and Summerland Park father south on Dysart Road. With the location at a Highway intersection, it would appear a suitable location for a neighborhood commercial store. The request to construct a new Dollar General building and associated parking area is not anticipated to have a negative impact upon nearby properties or land uses. The proposed site is nestled in between Dysart Road and Highway 218. Access to the site will be off Dysart Road, which is classified as a minor arterial. The area of the proposed site is currently zoned "R-4" Multiple Residence District and has been zoned as such since August 20, 2010, with the passage of Ordinance No. 4498. Surrounding uses and zoning: North — Highway 218; Residential Development, zoned "A-1" Agricultural District; Apartments, zoned "A-1" Agricultural District; and Contractor Storage Yard, zoned "M-1" Light Industrial District. South — Mobile Home Park, zoned "R-3" Multiple Residence District; and Single Family and Multifamily, zoned "R-3, RP" Planned Multiple Residence District. East — Timothy Ridge Residential area, zoned "R-3, RP" Planned Multiple Residence District. West — Agricultural farmland immediate to the west, zoned "A-1" Agricultural District; and Theme Park further to the west, zoned "A-1" Agricultural District and "C-P" Planned Commercial District. The applicant will be constructing a shrub and tree buffer on all three sides of the property. Rezoning of the land would not appear to have a negative impact upon drainage in the area as the project notes a detention basin to the north of the proposed Dollar General Store location. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. There is 15" sanitary sewer line located underneath HWY 218 and a 16" water main along Dysart Road. The applicant is requesting to rezone a 3.082-acre property north of 5225 Dysart Road to construct a new Dollar General Store. The "C-P" Page 109 of 208 Legal Descriptions: designation means for the residential and commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The C- P zoning will enable the Dollar General Store to have greater flexibility in regards to setbacks, lot configuration, and other parameters associated with building on a triangular lot. The parking lot contains 30 stalls with two of those stalls being reserved for handicap parking. The size of the building is 9,100 square feet, with 7,159 SF of retail floor space. Per the Zoning Ordinance, one parking space is required for every 250 feet of retail floor space. This equates to 29 required parking stalls, but 30 are being provided to meet the requirement. The building also has three proposed signs. The two wall signs are 97.5 square feet and a pylon sign which is 50 square feet. All three signs meet the sign requirements of the "C-P" Planned Commercial District. In addition the landscaping plan submitted by Dollar General meets all parameters of the Zoning Ordinance The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on March 3, 2020. Therefore, staff recommends that the request by DGOGWaterlooia062619, LLC to rezone a 3.082 acre property north of 5225 Dysart Road from "R- 4" Multiple Residence to "C-P" Planned Commercial District to construct a new Dollar General Store be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The site will bring a neighborhood commercial use to a residential area that sits along Waterloo's Highway 218 Corridor APART OF THE NORTHWEST QUARTER OF SECTION 18. TOWNSHIP 88 NORTH, RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN IN BLACK HAWK COUNTY, IOWAAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18, THENCE SOUTH 0 DEGREES 26 MINUTES 16 SECONDS EAST, 718.22 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U. S. ROUTE 218 AS SHOWN ON BOOK NUMBER 539 PAGE 374 IN THE BLACK HAWK COUNTY RECORDER'S OFFICE; THENCE SOUTH 47 DEGREES 39 MINUTES 29 SECONDS EAST, 68.12 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE CONTINUE SOUTH 47 DEGREES 39 MINUTES 29 SECONDS EAST, 743.93 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE NORTH 89 DEGREES 53 MINUTES 07 SECONDS WEST, 522.87 FEET TO A POINT ON THE EASTERLY Page 110 of 208 RIGHT OF WAY LINE OF DYSART ROAD; THENCE NORTH 7 DEGREES 11 MINUTES 16 SECONDS WEST, 197.20 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 0 DEGREES 26 MINUTES 16 SECONDS WEST, 304.39 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 3.082 ACRES, MORE OF LESS. Page 111 of 208 March 23, 2020 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 DGOGWaterlooia062619, LLC to rezone a 3.082-acre property north of 5225 Dysart Road from "R-4" Multiple Residence to "C-P" Planned Commercial District to construct a new Dollar General Store. DGOGWaterlooia062619, LLC, 1598 Imperial Center, West Plains, MO, 65775. The applicant is requesting to rezone the property in question to construct a 9,100 SF Dollar General Store. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of agricultural land abutting, and residential across Highway 218, and Summerland Park father south on Dysart Road. With the location at a Highway intersection, it would appear a suitable location for a neighborhood commercial store. The request to construct a new Dollar General building and associated parking area is not anticipated to have a negative impact upon nearby properties or land uses. The proposed site is nestled in between Dysart Road and Highway 218. Access to the site will be off Dysart Road, which is classified as a minor arterial. The Cedar Valley Waterloo Trail is located approximately 2 miles to the east of the proposed rezone area. Currently there are no sidewalks in the area; however, the Complete Streets Committee discussed having a sidewalk that extends from the building to Dysart Road right-of-way and this sidewalk could potentially link to a future trail connection. The area of the proposed site is currently zoned "R-4" Multiple Residence District and has been zoned as such since August 20, 2010, with the passage of Ordinance No. 4498. Surrounding uses and zoning: N or 5225 Dysart Road Rezone "R-4" to "C-P" PScgr 1 of 208 March 23, 2020 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: North — Highway 218; Residential Development, zoned "A-1" Agricultural District; Apartments, zoned "A-1" Agricultural District; and Contractor Storage Yard, zoned "M-1" Light Industrial District. South — Mobile Home Park, zoned "R-3" Multiple Residence District; and Single Family and Multifamily, zoned "R-3, RP" Planned Multiple Residence District. East — Timothy Ridge Residential area, zoned "R-3, RP" Planned Multiple Residence District. West — Agricultural farmland immediate to the west, zoned "A-1" Agricultural District; and Theme Park further to the west, zoned "A-1" Agricultural District and "C-P" Planned Commercial District. Residential structures to the east were constructed during the 1990's and 2000's. To the north is an apartment complex constructed in the 1950's. The residential building to the south was constructed in 1908. The applicant will be constructing a shrub and tree buffer on all three sides of the property. DRAINAGE: Rezoning of the land would not appear to have a negative impact upon drainage in the area as the project notes a detention basin to the north of the proposed Dollar General Store location. FLOODPLAIN: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: Kittrell Elementary is located approximately 4 miles to the northwest, Hoover Middle School is approximately 5 miles to the northwest, and West High is approximately 4.5 miles to the northwest of the project site. There are no parks or open space within close proximity of the rezone area. There is 15" sanitary sewer line located underneath HWY 218 and a 16" water main along Dysart Road. N or 5225 Dysart Road Rezone "R-4" to "C-P" pSge III of 208 March 23, 2020 STAFF ANALYSIS ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: The Future Land Use Map designates this property as Mixed Residential: Low, Medium, High Density Residential; Professional Officials, and Neighborhood Commercial. The proposed land use of neighborhood commercial is in conformance with the Future Land Use Map for this area. The proposed Dollar General Store is also located in a primary growth area as identified in the City's Comprehensive Plan. The Comprehensive Plan cites neighborhood commercial use examples such as small restaurants, neighborhood grocery stores, and convenience stores. The Dollar General Store setup is similar to a convenience store. The applicant is requesting to rezone a 3.082-acre property north of 5225 Dysart Road to construct a new Dollar General Store. The "C- P" designation means for the residential and commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. The C-P zoning will enable the Dollar General Store to have greater flexibility in regards to setbacks, lot configuration, and other parameters associated with building on a triangular lot. The parking lot contains 30 stalls with two of those stalls being reserved for handicap parking. The size of the building is 9,100 square feet, with 7,159 SF of retail floor space. Per the Zoning Ordinance, one parking space is required for every 250 feet of retail floor space. This equates to 29 required parking stalls, but 30 are being provided to meet the requirement. The building also has three proposed signs. The two wall signs are 97.5 square feet and a pylon sign which is 50 square feet. All three signs meet the sign requirements of the "C-P" Planned Commercial District. In addition the landscaping plan submitted by Dollar General meets all parameters of the Zoning Ordinance. The Planning and Zoning Commission unanimously approved the rezone request at their regular meeting on March 3, 2020. Traffic Operations had questions regarding whether the site distance was adequate off of Dysart Road to the access driveway/parking entrance to the proposed Dollar General Store. The applicant provided a diagram to Traffic Operations to answer questions regarding the northern approach and the applicant was able to demonstrate there were no obstructions regarding the southern approach. The Technical Review Committee also had concerns regarding the trip generation data coming off Dysart Road to the N or 5225 Dysart Road Rezone "R-4" to "C-P" pSge i 1f4, of 208 March 23, 2020 STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Dollar General site to determine if a turning lane is required. The applicant sent a copy of a trip generation study for a similar Dollar General Site in Iowa. No, additional trip generation data is needed or required. The applicant plans to subdivide the property once the rezone request is approved. Therefore, staff recommends that the request by DGOGWaterlooia062619, LLC to rezone a 3.082 acre property north of 5225 Dysart Road from "R-4" Multiple Residence to "C-P" Planned Commercial District to construct a new Dollar General Store be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The site will bring a neighborhood commercial use to a residential area that sits along Waterloo's Highway 218 Corridor. N or 5225 Dysart Road Rezone "R-4" to "C-P" PgDge 4 lblof 208 City of Waterloo City Council March 23, 2020 at*/ ss C-P- =TUM DR +.9 M' 1 218 (27> m� �9s .4 ti PQ c �G �o E SHAULIS RD A-1 A-1 —LE BELLE ST-\ /\ Q I c-m CRESTRI�GE 0OAK RIDGE RD \m z Co 0 'Poo, `rA O I . • 9;*.Q_ ran % C-2 A-1 1011OI713 R-2 lik\t/ X R-4 CEDAR KNOLL1 ROE �`� v \ C-2 JO J 1 .13 ,.o I0p,R •AFTC w DR o 2 SUM .6q-. �� vim-/- all i zO A R-1 R=2 VIOLET DR E ORANGE RD -9 R- R-3,R-P :- ; � m q��0 218 E SHAULIS RD A-1 A-1 R-2;C-Z 40R".. 0 O -1 cr7 o*.,.L4' Q 0 QUIGBY RD 0—x:IPLING:RD O ZO—ELLINGTON ST— O !— BRISTO_L- RD Dawe Lu ter+ U z North of 5225 Dysart Road Rezone from "R-4" to "C-P" DGOGWaterlooiao62619 LLC Page 116 of 208 City of Waterloo City Council March 23, 2020 North of 5225Dysart Road Y Rezone from "R-4" to "C-P" LLC Page 117 of 208 N �, Tit_s �,����,y our•Fir. rjj 1..V-7--'•DGOGWaterlooiao62619 100 50 0 100 otQI'100 ‘c In Feet T.O. PARAPET ELEV. = 118'-0" T.O. PURLIN ELEV. = 114'-o" B.O. SOFFIT ELEV. = 110'-0" T 11 12 3/8 DOLLAR GENERAL T.O. SLAB ELEV. = 1O0' O11 +I, , +I, , +I, , +I, , +I, , +I, , +I, , +I, ' +I, ' +I, ' +I, ' +I, I +I, I +I, I +I, I +I, I +I, ' ,I, I ,I, I ,, I ,I, I ,I, I +I I ,I, II II, '+L'+L' L'+L'+L' L'+L'+L' L++L++L++L++L++ L++L++L++L++L++L++L++L++L++L++L++L' L'+L'+L' L++L++L++I. +L++L' L'+L+d. I + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +I. + +++ICI,, I, , , , ,I, , ,I, , '+L'+L'+L'+I++I++I++I++I.'11 +L++I.' I.++I.++I.' I.++I.++I.++I�+I 111 1 '+I'+I. I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, +I, 1 11, 1 11, 1 11, 1 11, 1 11, 1 11, 1 11, 1 11, 1 11, 1 , , 1 11, 1 11, 1 11, 1 11, 1 11, 1 11, 1 11, 1 11, 1 + 1 11, 1 11, 1 11, , 1 1 1 Ii+ " ' + , L++I++I++I++II++I++II++I++II++I+I+I+I 1 I++I++I++I++I++I++I++I++I++I +I++II++I++II++I++I++I +211 I.+ I"II III 'L++I.++I.++I.++I.' I.'+I.'+I.' I.++I.++I.++I.++I.++I.++I.++I.'+' '',II'+I'+I'+I'+I'+I'+I'+I '+I '+I '+I. '+I. '+I. '+I. '+I. .'+I,'+L'+L'+L' L'+L'+L' I,'+,'+,' 11, ' 11� ' 11� ' 111111111111, ' 11 EAST ELEVATION SCALE : 1/8"=1'-0" 11 ' 11 2 T T.O. PARAP ELEV. = 118'-o" Ow- B.O. SOFFIT ELEV. = iio'-o" 9 T.O. SLAB ELEV. = loo'-o" NORTH ELEVATION i ,I,,II, ,,I,,,I,,,I,,,I,,,I,,,I,,,I,,,I,,,„I,'+I,'+I,'+I,'+I,'+I,'+I,'+I,,, „I,,,L,,I,,,I,, ' I, ' ,I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' +I, ' + nT ' ' sr-r+rrT 1-+111 +l, ' +I, ' , ,I, , ,I ' ,,'+I,'+,'+I,1 ,11I,'+,'+ ,'+,'+'+,'+,'+,'+''+ ,,10 II'+II'+I ' +I ' +I ' +I ' +I ' +I ' +I ' +I ' +I ' I. ' +I ' "I+I, """"""""' ' ' I1,kl,,,,,,,,,,,,,,,,,,,1,, +I,'+L'+I1'+L'+I1'+L'+I1'+L'+I1 'I,',.. I,'+I,'+I ' 11 2 ' 11 ' 11 ' 11 +II ' + ' 11 I '+I ' 11 ' 11 ' 11 +II 12'-0" ' +I, 6,-4" 0 0 0 0 DOLLAR GENERAL , T 0 0 'II 'II 'II RAPET ELEV. = 118'-o" I i ,I, 1 , 1 ,I, 1 ,I, 1 , 1 ,I, 1 ,I, 1 , 1 ,I, ' ,Ili 'I I il, I il, I ' ,I, 1 ,I, 1 ,( 1 ,I, 1 ,I, 1 , 1 ,I, 1 ,I, 1 , 1 ,I, 1 ,I, 1 , 1 ,I, ' , ,k ' ,kL1 k',k+'k+ ki k i'� ',L +L 'k k ' ''',�+i' i''i' i''i' i''i' i''i' i''i' i''i' i''i',i''i',i''i',i''i',i''i',i'' '1' +1'''k+1'' +1'' +1'' +1'' +1'' +1'' +1'''k' 1'' ,1,' ,1,' ,1,' ,1,' ,1,' ,1,' ,1,' ,1,' ,1,' ,1,' ,1,' ,L' d' i''`hII'I,I'II!+1k+I' I ,' 'rT+'rT,i, i,'1Tsi+1'''�'+i''1' , ' ,1 ' ,1, ' ,1� "1' "1' "1' "1' "1' "1k 1 1' 1 1' 1 1' 1 1' 1 1' 1 1' 1 1' 1 1' 1 1' 1 1' 1 1' 1 1' ''1 1 I' I' ' I I I I' I' III I' I' I' I' I ' +I' ' +1' ' +1' ' +1' ' +1' ' d' ' d' ' +I' ' +I' ' +I' ' +I' ' +I' ' +1'I I' I " 6-4" , '1 '1 ' " '1 '1 '1 11 12'-0" u TYP. B.O. SOFFIT ELEV. = no'-o" 7 AIL T.O. PAKAPETI AI ELEV. = 118'-o" 10 B.O. SOFFIT ELEV. = no'-o" WEST ELEVATION SCALE : 1/8"=1'-0" 1 2 12 12 8 12 2 19 N N T.O. PARAPET ELEV. = 118'-0" T.O. SLAB ELEV. T.O. PARAPET ELEV. = 118'-0" T.O. PURLIN ELEV. = 114'-0" ELEV T.O. SLAB 1-11 SCALE : 1/8"=1'-0" A3. 1 1- T130'-0" I 26' o" 26' o" 26' o" 26'-0., 26'-0" 1. 7- 7- 7- 7- 2 PARAPET \ \T.O. T.O. PARAPET ELEV. = 118' o" I 11 11 I I I I I I I I I I I I I ELEV. = 118'-0„ T.O. PURLIN I ' I I III I T.O. PURLIN I ELEV. = 114' o" I I I I I II ' ELEV. = 114'-0" T.O. SLAB 19 I i 1 =� 9 T.O. SLAB ELEV. e ELEV. = 100 o 8 8 8 _ 12 8 L 8 8 = loo 0 SOUTH ELEVATION SCALE : 1/8"=1'-0" EXTERIOR FINISH SCHEDULE PRE-ENGINEERED METAL BUILDING VENDOR. VP BUILDINGS ENGLISH STAR BUILDING SYSTEMS NUCOR BUILDING SYSTEMS BIGBEE STEEL BUILDINGS, INC. CHIEF BUILDINGS PREFERRED COLORS IF ALTERNATE EXTERIOR MATERIALS ARE USED INSTEAD OF METAL PANELS. ATTN: DAVID (901) 568-4537 ATTN: RODNEY BURT (800) 879-7827 ATTN: BOB BARRY (315) 622-4440 • (26o) 837-7891 ATTN: KEVIN BUSLER (800) 633-3378 ATTN: ERIN SULLIVAN (800) 845-3378 EXTERIOR FINISHES ARE TO MATCH or BE EQUAL TO VP METAL BUILDING SYSTEM'S FINISH SELECTION. COOL EGYPTIAN WHITE COOL DARK BRONZE BRONZE COOL COTTON WHITE LIGHTSTONE MEDIUM BRONZE, KYNAR 500 BRONZE POLAR WHITE LIGHTSTONE MEDIUM BRONZE, KYNAR 500 BRONZE POLAR WHITE SANDSTONE BURNISHED SLATE BRONZE POLAR WHITE PARCHMENT ANTIQUE BRONZE BRONZE POLAR WHITE SHERWIN WILLIAMS SW7o37 "BALANCED BEIGE" SHERWIN WILLIAMS SW7o4i "VAN DYKE BROWN" BRONZE WHITE BY PEMB MANUFACTURER GUTTERS. DOWNSPOUTS. SIDE & REAR METAL WALL PANELS & TRIM, RECEIVING & EMERGENCY EXIT DOORS. (EXTERIOR OF DOORS TO BE PAINTED. REFER TO DOOR SCHEDULE.) • • • • • • ARCHITECTURAL BLOCK AT BUILDING FACADE TO BE PRE -FINISHED or PAINTED (2 COATS LOXON XP MASONRY COATING A24W400 SERIES) TO MATCH THE SIDE & REAR METAL WALL PANELS. • • • • • • FLATA METAL SOFFIT AT STOREFRONT VESTIBULE • • • • • • BUILDING FASCIA WALL, PARAPET o/ ENTRANCE, & CANOPY. STOREFRONT SYSTEM. STANDING SEAM METAL ROOF PANELS. REFER TO NOTE CONCERNING ENERGY CODE COMPLIANCE. REFER TO NOTE CONCERNING ENERGY CODE COMPLIANCE. REFER TO NOTE CONCERNING ENERGY CODE COMPLIANCE. REFER TO NOTE CONCERNING ENERGY CODE COMPLIANCE. REFER TO NOTE CONCERNING ENERGY CODE COMPLIANCE. REFER TO NOTE CONCERNING ENERGY CODE COMPLIANCE. LINER PANELS (INTERIOR SALES & RECEVING FLOOR) ELEVATION KEYNOTES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SIGN FURNISHED & INSTALLED BY DOLLAR GENERAL CORPORATION w/ CIRCUIT AS NOTED ON ELECTRICAL PLAN. SIGN TO BE CENTERED ON FRONT OF BUILDING. CONTRACTOR IS TO PROVIDE ADEQUATE BLOCKING AS REQUIRED BY SIGN MANUFACTURER TO SUPPORT SIGN WEIGHT OF UP TO 1,400 LBS. COORDINATE THE PROPER SIGNAGE TO BE USED w/ DOLLAR GENERAL. EXTERIOR LIGHTING. REFER TO ELECTRICAL DRAWINGS TO VERIFY EXACT QUANTITY, LOCATION, MOUNTING HEIGHT & OTHER SPECIFICATIONS. NOT USED. NOT USED. NOT USED. NOT USED. TRIM. REFER TO EXTERIOR FINISH SCHEDULE FOR COLOR. GUTTER & DOWNSPOUT. REFER TO EXTERIOR FINISH SCHEDULE FOR COLOR. 8" SPLIT FACE CONCRETE MASONRY UNIT. REFER TO EXTERIOR FINISH SCHEDULE FOR COLOR. STANDING SEAM METAL ROOF. REFER TO EXTERIOR FINISH SCHEDULE FOR COLOR. PRE -FINISHED METAL WALL PANELS, REVERSE RIB PROFILE. REFER TO EXTERIOR FINISH SCHEDULE FOR COLOR. PRE -FINISHED METAL WALL PANELS. PROVIDE TAMPER -RESISTANT FASTENERS FOR BOTTOM 8'-o". REFER TO EXTERIOR FINISH SCHEDULE FOR COLOR. VENT FOR BATHROOM EXHAUST. REFER TO MECHANICAL DRAWINGS FOR EXACT LOCATION & ADDITIONAL INFORMATION. DOOR BUZZER. REFER TO ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION. NOT USED. HVAC UNITS MOUNTED ON ROOF. REFER TO MECHANICAL DRAWINGS FOR ADDITIONAL INFORMATION & LOCATIONS. OUTSIDE AIR TEMP. SENSOR MOUNTED OVER RECEIVING DOORS @ 8'-o" A.F.F. MINIMUM SAVE HEIGHT IS 14'-O" A.F.F. FINISHED GRADE AT EXTERIOR WALLS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR AT ALL NON -PAVED AREAS. NOT USED. 1/2" DIAMETER x 6" LONG STAINLESS STEEL EYE BOLTS (CLOSED) w/ 1" DIAMETER OPENINGS. DRILL & EPDXY INTO BLOCK WALL. 4 BOLTS TO BE LOCATED AS SHOWN EACH SIDE OF ENTRY, TOTAL OF 8 BOLTS. F- U `W 1 U Q/ , V�Fzl O 0 c/).9 o w 1.1 w h r ,o ERct O co) aCD 0 00 0 C/p Cl •4 �' W r:4 o ,L-r?1 Hupr o = ,,�// .. FJ-1 cDA „AO; „A4 ;.� •++ �� ��O �,o••�••••+•Q d40 + 4/• •• 6. 06932 •, w • • • tl _ • a 4 •f1\l1lft • r tc,:st • • a 09/06/2019 NAME: KYLE W. RADER ARCHITECT OF RECORD LICENSE NO. 06982 PROJECT NUMBER 19184 • DGWI REVISIONS A2.1 EXTERIOR ELEVATIONS DATE: SEPTEMBER o6, 2019 Page 118 of 208 z:\Projects\_odlor General\IA Stores\191.4 DGWI — DG Waterloo IA\Drwngs\A201DGWI.dwg1Sep 05, 201914:09pr,Iuser 26'-0" 8'-0" SIGN SPECIFICATIONS COLLAR GENERAL MAIN BUILDING SIGN L COLLAR GENER (7 PRIMARY PYLON SIGN SIGNAGE ELEVATIONS COMING SOON! DOLLAR GENERAL Now Hiring! Apply online at: www.dollargeneral.com JOB SITE SIGN THIS SIGN TO BE PROVIDED & INSTALLED BY THE DEVELOPER or CONTRACTOR AT THE BEGINNING OF THE CONSTRUCTION PROJECT. SCALE : 1/2"=1'-0" E.O., DISC SW & PHOTOCELL 26-0" 7'-8" MOUNTING CLIP CENTERS NOTE: MOUNTING CENTERS SHOWN ARE FOR go MPH STANDARD DESIGNS ONLY. ELECTRICAL REQUIREMENTS: (1) 15A CIRCUIT REQUIRED AMPS: 5.00 WATTS: 584 V.O.C. 700 FACE TRIM: FACE TRIM: O.A.L. TRIM: U.L. LABEL: 44 3/4" x 149" 44 3/4" x 1641/4" 44 3/4" x 3113/4" STD. SIGNAGE BRACING DETAILS DISC SW i2oV CIRCUIT WIRING SCHEMATIC T 15 PHOTOCELL 3'-9" x 26'-0" SCALE : 1/2"=1'-0" 1. BUILDING SIGNS: PROVIDE CONDUIT & WIRE FROM ELECTRICAL PANEL TO THE SIGN CANOPY. THE CONDUIT IS TO BE 1" & HAVE ONE SET OF io/2 WIRE w/ GROUND. BUILDING CANOPY MUST BE SUFFICIENTLY BUILD TO SUPPORT THE DOLLAR GENERAL SIGN OF UP TO moo LBS. NOTE: IF THE LEASE SPECIFIES A 5'-0" x 40'-0" BUILDING SIGN or 24" LETTER SET (or LARGER), 2 QTY. -io/2 WIRE w/ GROUND. REFER TO ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION. 2. PYLON SIGNS: PROVIDE CONDUIT FROM ELECTRICAL PANEL TO LOCATION OF THE PYLON SIGN BASE. BURY CONDUIT UNDER PARKING AREA. THE CONDUIT IS TO BE 1" & HAVE ONE SET OF 10/2 WIRE w/ GROUND. REFER TO ELECTRICAL DRAWINGS FOR ADDITIONAL INFORMATION. 3. FINAL ELECTRICAL CONNECTIONS FOR SIGN SHALL BE THE SIGN VENDORS RESPONSIBILITY ONCE THE "J" BOX & WIRES ARE IN PLACE. 4. SEE CHART BELOW FOR SIGN SPECIFICATIONS. 5. PYLON SIGN CABINETS TO CLEAR 15'-o" FROM GRADE & EDGE SHALL BE LOCATED NO CLOSER THAN io'-o" TO ANY OVERHEAD UTILITY LINES. BUILDING SIGN SIGN SIZE SIGN WEIGHT # OF CIRCUITS AMPS VOLTAGE 3'-9" x 26'-0" 441 LBS. (i) 15A 58.4 115 PYLON SIGN SIGN SIZE SIGN WEIGHT # OF CIRCUITS AMPS VOLTAGE 5'-0" x io'-o" 375 LBS. (1) 15A 3.4 115 SIGN NOTES: PLANS FOR ADDITIONAL INFORMATION. CONTACT THE THERE ARE ANY DISCREPANCIES. 1. REFER TO ELECTRICAL ARCHITECT IF F- U W F- z U ce ce' W 0 LL >- J 4 N C C r-1 co Ln co co cc Clrzto L 0 O * z N 0 *++eip.adl - - 'W•& e RI- D eee ee : • •• •• i • • 06982 r - I +r I ✓ I IOWA • • • ow • 09/06/20 i-9. NAME: KYLE W. RADER IARCHITECT OF RECORD LICENSE NO. 06982 PROJECT NUMBER 19184 • DGWI REVISIONS A7.1 Page 119 of 208 SIGNAGE & SIGNAGE DETAILS DATE: SEPTEMBER o6, 2019 Z:\Projects\_Dollar General\IA Stores\19184 DGWI — DG Woteioo IA\Drxnge\A70100WI.d,gISep 05, 2019I4:05pmIUser New Retail Store North of 5225 Dysart Road Looking southwest from US Highway 218. Looking south from US Highway 218 just south of Shaulis Road. Looking northeast from Dysart Road toward US Highway 218. Looking southeast from Dysart Road from US Highway 218. Page 120 of 208 1 2 3 4 5 6 7 8 9 10 pmarkas J:\2019\0190002.52 — DG — Waterloo IA (Site 2)\Survey\07_Drawings\SV_ALTA DG — Waterloo IA (Site 2) — 0190002.52.dwg 7/31/2019 12:46 PM J A BM #210 ELEV=855.98 \ -0- S00°26'16"E 1922.45 \ NW COR, SEC 18 T88N, R12W, 5TH PM 1/2" BAR IN CONCRETE W. LINE NW 1/4, SEC 18 T88N, R12W, 5TH PM v- o co zz UJ z� -o \ o 6' 'cD 50' \ S N N N -856-, co co CO 0 0 z 0 i SET • a O NO THI. I I/ \ \ \ \ \\\\ \mod, \ \ \ \\ N s'�\ NN\\N NN \ N \\\\\\\\ P.O.B. \~ \ N \NNN\\ \ \ \\ Ncp css \ N NN N \8 N \ \ \ EASTERLY R.O.W. DYSART ROAD i i �858� BM #211 ELEV=859.75 0 0 CD CO P. 859 PARKING SIDE SIGN _ _862 SW COR, NW 1/4, SEC 18 T88N, R12W, 5TH PM 3" ALUMINUM DISK N 860 861— SET 5c \ \\\sue\ \ \\ EASTERLY R.O.W. DYSART ROAD N NN \\ NN N ALTA/NSPS LAND TITLE SURVEY PART THE NW 1/4 OF SECTION 18, TOWNSHIP 88 NORTH, RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN BLACK HAWK COUNTY, IOWA \ N \ \\ \ ENDS SIGN N vvv \\`� \ \ \ \ \ \ \ \ \ \\ \ \ \ NN\ \\ \ \\ \ \ \ \ \ 8's \ \ / —856 (2)4'Pvc INV=855.03 \ \ \ 10 5� (9�Gs i 59 • ,AO / / / / / / / NO BUILDINGS LOCATED ONZUBJECT PARCEL N \ \ \ \ \cv N —863 N89°53'07"W 522.87' PIN: 8812-18-151-006 OWNER: J9A D. BRUSTKERN 865 866 Ls N N SET N N 0 15 30 60 U.S. SURVEY FEET BASIS OF BEARINGS IS IOWA STATE PLANE NORTH ZONE 1401 NAD 83 CURRENT ADJUSTMENT SET • BENCHMARKS: OU LEGEND ST a SET MONUMENT IRON ROD CAPPED L.S. 20045 ALUMINUM DISK UTILITY POLE GUY WIRE SIGN TELEPHONE PEDESTAL OVERHEAD UTILITY LINE UNDERGROUND TELEPHONE LINE GROUND CONTOUR WITH ELEVATION GAS MARKER GAS MAIN STORM SEWER MARKER DECIDUOUS TREE WITH SIZE BM #210: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 35' WEST OF NW CORNER OF PROPERTY ELEV=855.98 BM #211: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 145' NORTH OF SW CORNER OF PROPERTY ELEV=859.75 Location Map Not to Scale EXISTING TAX ID NOS. PARCEL: 8812-18-151-006 NW 1/4, SEC 18, T88N, R12W, 5TH PM Farnsworth GROUP 2709 McGRAW DRIVE BLOOMINGTON, ILLINOIS 61704 (309) 663-8435 / info@f-w.com Engineers I Architects I Surveyors I Scientists ISSUE: # DATE: DESCRIPTION: PROJECT: Dollar General Waterloo, Iowa DATE: 07/31/2019 DESIGNED: PEB DRAWN: PDM REVIEWED: BAB FIELD BOOK NO.: PON 14/26 SHEET TITLE: TITLE SURVEY SHEET NUMBER: OF 2 PROJECT NO.: 0190002.52 2 Page 122 of 208 3 4 5 6 7 8 9 10 6 7 8 9 10 \2019\0190002.52 — DG Waterloo IA (Site 2)\Survey\07_Drowings\SV_ALTA DG — Waterloo IA (Site 2) - 0190002.52.dwg 17/31/2019 12:46 PM J A SURVEYOR CERTIFICATION TO: THE OVERLAND GROUP, LLC; AND IOWA TITLE GUARANTY THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6(A), 7(A), 8, 11, 13, AND 16 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON JULY 12, 2019. LEGAL DESCRIPTION AS PROVIDED ALL THAT PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 88 NORTH, RANGE 12 WEST OF THE 5TH P.M., IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, LYING SOUTHWESTERLY OF THE STATE ROAD, EXCEPTING THAT PART THEREOF WHICH WAS CONVEYED TO JESSIE SHAULIS IN 82 LD 481, DESCRIBED AS FOLLOWS: A TRIANGULAR ONE -ACRE TRACT LYING IN THE NORTH CORNER OF THAT PART OF SECTION 18, TOWNSHIP 88 NORTH, RANGE 12 WEST OF THE 5TH P.M., LYING WEST OF THE STATE ROAD SOMETIMES CALLED THE LAPORTE ROAD, THE SOUTH LINE OF SAID TRIANGULAR ONE -ACRE TRACT RUNNING DIRECTLY EAST AND WEST; AND EXCEPTING THAT PART CONVEYED TO THE STATE OF IOWA IN 111 LD 129; AND EXCEPTING THAT PART CONVEYED TO BLACK HAWK COUNTY, IOWA, IN 111 LD 331; AND EXCEPTING THOSE PARTS DESCRIBED FOR ROAD PURPOSES IN 539 LD 363 AND 539 LD 372; AND EXCEPTING THAT PART CONDEMNED FOR ROAD PURPOSES BY PROCEEDINGS IN 549 LD 864 AND 550 LD 842. SUGGESTED LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 18. TOWNSHIP 88 NORTH, RANGE 12 WEST OF THE 5TH PRINCIPAL MERIDIAN IN BLACK HAWK COUNTY, IOWA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18, THENCE SOUTH 0 DEGREES 26 MINUTES 16 SECONDS EAST, 718.22 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U. S. ROUTE 218 AS SHOWN ON BOOK NUMBER 539 PAGE 374 IN THE BLACK HAWK COUNTY RECORDER'S OFFICE; THENCE SOUTH 47 DEGREES 39 MINUTES 29 SECONDS EAST, 68.12 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE CONTINUE SOUTH 47 DEGREES 39 MINUTES 29 SECONDS EAST, 743.93 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE NORTH 89 DEGREES 53 MINUTES 07 SECONDS WEST, 522.87 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF DYSART ROAD; THENCE NORTH 7 DEGREES 11 MINUTES 16 SECONDS WEST, 197.20 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 0 DEGREES 26 MINUTES 16 SECONDS WEST, 304.39 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 3.082 ACRES, MORE OF LESS. I HEREBY CERTIFY THAT THIS LAND SURVEY DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. BY: P BRENT BAZAN DATED IOWA PROFESSIONAL LAND SURVEYOR NO. 20045 LICENSE EXPIRIES 12-31-19 000mmunuroo C/ ;,, ,;A((\ `_.' BRENT A. _o- BAZAN __ 73 Fr. SI 20045 ,'' ''� iio/ ow u������>>�����\\\\ FARNSWORTH GROUP, INC. 2709 MCGRAW DRIVE BLOOMINGTON, ILLINOIS 61704 NOTE: THE WORD CERTIFY IS DEFINED AS FOLLOWS FOR THIS PLAT "A DESIGN PROFESSIONAL'S OPINION BASED ON HIS OR HER OBSERVATION OF CONDITIONS, KNOWLEDGE, INFORMATION AND BELIEFS. IT IS EXPRESSLY UNDERSTOOD THAT THE DESIGN PROFESSIONAL'S CERTIFICATION OF A CONDITION'S EXISTENCE RELIEVES NO OTHER PARTY OF ANY RESPONSIBILITY OR OBLIGATION HE OR SHE HAS ACCEPTED BY CONTRACT OR CUSTOM". GENERAL NOTES 1. THIS SURVEY WAS MADE ACCORDING TO IOWA TITLE GUARANTY COMMITMENT NO. C-19C000153, WITH AN EFFECTIVE DATE OF MAY 3, 2019. THEREFORE IF THERE ARE ANY OTHER AGREEMENTS OR EASEMENTS OF RECORD AFFECTING THE PROPERTY WHICH IS THE SUBJECT MATTER OF THIS SURVEY WHICH ARE NOT SHOWN, WE WOULD BE UNAWARE OF SAME AND THUS, THEY WOULD NOT BE SHOWN HEREON. 2. I HAVE NOT MADE A SEPARATE SEARCH OF THE RECORDS FOR EASEMENT, ENCUMBRANCES, OWNERSHIP OR TITLE EVIDENCE IN CONJUNCTION WITH THIS SURVEY. 3. THE UTILITIES SHOWN ON THIS PLAT HAVE BEEN LOCATED FROM FIELD OBSERVATIONS. 4. ALL SURFACE AND UNDERGROUND UTILITIES AND IMPROVEMENTS ON OR ADJACENT TO THE SITE ARE NOT NECESSARILY KNOWN. 1 5. THERE ARE NO ABOVE GROUND ENCROACHMENTS AS SHOWN HEREON. 6. THE BASIS FOR BEARINGS AS MEASURED DURING THIS SURVEY IS IOWA STATE PLANE NORTH ZONE 1401, NAD 83. 7. ELEVATIONS BASED ON GPS OBSERVATION RELATIVE TO NAVD 88 DATUM. 8. THE PROPERTY ADDRESS FOR THE PARENT PARCEL AS DESCRIBED IN THE TITLE COMMITMENT IS 5225 DYSART ROAD, WATERLOO, IOWA 50701. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF DYSART ROAD, APPROXIMATELY 600 SOUTHEAST OF THE INTERSECTION OF DYSART ROAD AND EAST SHAULIS ROAD. 9. THE PARCEL IS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. 10. PRESENTLY, THE SUBJECT PROPERTY HAS ACCESS TO DYSART ROAD, A PUBLICLY DEDICATED ROADWAY. SCHEDULE B SECTION II EXCEPTIONS ITEMS 1, 4 -10 ARE NOT SURVEY ITEMS. 2. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. ARE SHOWN ON PLAT, IF ANY ARE KNOWN 3. ANY EASEMENT OR CLAIM OF EASEMENT NOT SHOWN BY THE PUBLIC RECORDS. ARE SHOWN ON PLAT, IF ANY ARE KNOWN 11. CONDEMNATION BY THE CITY OF WATERLOO FOR DYSART ROAD FILED JUNE 4, 1986 IN LAND DEED 549 PAGE 864. CONDEMNATION FILED NOVEMBER 10, 1986 IN LAND DEED 550, PAGE 842 IN THE BLACK HAWK COUNTY, IOWA, RECORDER'S OFFICE. THE AREA INCLUDED IN THIS CONDEMNATION IS LOCATED SOUTH OF THE SUBJECT PARCEL. 12. RIGHTS OF WAY FOR UTILITIES, FENCES, DITCHES, DRAINAGE TILES, FEEDERS AND LATERALS, IF ANY. TO THE EXTENT THESE ITEMS COULD BE OBSERVED, THEY ARE DEPICTED ON THE PLAT. 13. RIGHTS OF THE PUBLIC, THE MUNICIPALITY, THE COUNTY AND THE STATE OF IOWA IN AND TO THAT PART OF THE LAND TAKEN AND USED FOR ROADS AND HIGHWAYS, IF ANY. AS SHOWN ON THE PLAT. 14. RIPARIAN OR WATER RIGHTS INCIDENT TO THE PREMISES, IF ANY. DOES NOT AFFECT PROPERTY END OF SCHEDULE B, PART II ALTA TABLE A NOTES A. ITEM 1: MONUMENTS AS SHOWN ON THIS SURVEY. B. ITEM 2: ADDRESS FOR THE PARENT PARCEL AS DESCRIBED IN THE TITLE COMMITMENT IS 5225 DYSART ROAD, WATERLOO, IOWA 50701. C. ITEM 3: THIS PARCEL IS LOCATED IN THE CITY OF WATERLOO, IOWA AND IS CLASSIFIED AS "ZONE X - "AREA OF MINIMAL FLOODING" WITHIN THE MAPPING LIMITS ON FLOOD HAZARD BOUNDARY MAP PANEL 19013C0308F, WITH AN EFFECTIVE DATE OF JULY 18, 2011. D. ITEM 4: THE GROSS LAND AREA OF THE SUBJECT PARCEL IS 134,239 SQUARE FEET OR 3.082 ACRES, MORE OR LESS. E. ITEM 6(A): ACCORDING TO A SITE INVESTIGATION REPORT PREPARED BY THE OVERLAND GROUP DATED 6/28/2019 AND REVIEW OF THE WATERLOO CITY ZONING ORDINANCE, THE PROPERTY IS CURRENTLY CLASSIFIED AS "R-4 - MULTIPLE FAMILY RESIDENCE", WITH AN INTENDED ZONING USE OF "C-2 - COMMERCIAL". ZONING SETBACKS FOR THE "C-2 - COMMERCIAL" DISTRICT ARE AS FOLLOW: II. III. IV. V. FRONT: 20' SIDE: 10' REAR: 35' HEIGHT: 4 STORIES OR 48 FEET PARKING: 1 SPACE PER 250 SQ. FT. OF FLOOR AREA F. ITEM 7 (A): NO EXISTING BUILDINGS ON SUBJECT PROPERTY. THERE ARE SEVERAL BUILDINGS LOCATED ON THE "PARENT PARCEL" (NOT DEPICTED IN THIS SURVEY). G. ITEM 8: SUBSTANTIAL FEATURES OBSERVED IN THE PROCESS OF CONDUCTING FIELD WORK FOR THIS SURVEY ARE SHOWN HEREON. H. ITEM 11: THE UTILITIES SHOWN ON THIS PLAT HAVE BEEN LOCATED FROM FIELD OBSERVATIONS ALL SURFACE AND UNDERGROUND UTILITIES AND IMPROVEMENTS ON OR ADJACENT TO THE SITE ARE NOT NECESSARILY KNOWN. I. ITEM 13: ADJACENT OWNERS ARE AS SHOWN ON THIS SURVEY, AS IDENTIFIED ON THE BLACK HAWK COUNTY ASSESSOR GIS WEBSITE. J. ITEM 16: THERE IS NO EVIDENCE OF EARTH MOVING, OR NEW BUILDING CONSTRUCTION ON PARCEL. Farnsworth GROUP 2709 McGRAW DRIVE BLOOMINGTON, ILLINOIS 61704 (309) 663-8435 / info@f-w.com www.f-w.com Engineers I Architects I Surveyors I Scientists ISSUE: # DATE: DESCRIPTION: PROJECT: Dollar General Waterloo, Iowa DATE: 07/31/2019 DESIGNED: PEB DRAWN: PDM REVIEWED: BAB FIELD BOOK NO.: PON 14/26 SHEET TITLE: ALTA / NSPS LAND TITLE SURVEY SHEET NUMBER: 2 a Y E EXISTING TAX ID NOS. PARCEL: 8812-18-151-006 NW 1/4, SEC 18, T88N, R12W, 5TH PM 1 2 3 4 5 6 7 1 8 9 10 OF 2 PROJECT NO.: 0190002.52 BM #210 ELEV=855.98 \ \ \ 0 D S00°26116"E 1922.45' \ 4- ® a, NOV813S ,OZ • • \ \ \ \ \ \ \ \ LIGHTED PYLON SIGN W/ UNDERGROUND ELECTRIC \ • • \ • \ \ STORM WATER \ DETENTION AREA, SEE SHEET C2. GREEN AREA BM #11 ELEV859.75 EDGE OF PAVING • GREEN -9, AREA 4' CONCRETE SIDEWALK 24" X 48" TRUNCATED DOME DETECTABLE WARNING, SEE SHEET C5.1 \ \ ‘\ \ • \ • WHEELSTOPS\ • • LEFT LANE ENDS SIGN (2)4'P VC INV=855.03 • CONCRETE CURB 4" PAINTED •� YELLOW STRIPE AT EDGE OF \ SIDEWALK PROPOSED DOLLAR GENERAL STORE 70' x 130' 9100 SF Prototype F With Vestibule CONCRETE UNLOADING PAD BOLLARDS, TYP. 20' SETBACK CONCRETE DUMPSTER PAD W/ WOOD FENCE ENCLOSURE \\ \ GREEN AREA \ N89°53'07"W 522.87' • • • \ \ \ \• \ • \ • • \\ JO' 0' 30' 60' SCALE : 1 /NCH = JO FEET \ • • \ N \ • • \ \ \ • \ • \ \ \ (2)4'PVC INV=861.65 \ \ ST \ \ • \ \ \ LEGEND SET • 0 ❑r OE G ST a BENCHMARKS: SET MONUMENT IRON ROD CAPPED L.S. 20045 ALUMINUM DISK UTILITY POLE GUY WIRE SIGN TELEPHONE PEDESTAL OVERHEAD UTILITY LINE UNDERGROUND TELEPHONE LINE GROUND CONTOUR WITH ELEVATION GAS MARKER GAS MAIN STORM SEWER MARKER DECIDUOUS TREE WITH SIZE BM #210: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 35' WEST OF NW CORNER OF PROPERTY ELEV=855.98 BM #211: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 145' NORTH OF SW CORNER OF PROPERTY ELEV=859.75 GE\EAL \OTES 1. THE CONSTRUCTION COVERED BY THESE PLANS SHALL CONFORM TO ALL CURRENT APPLICABLE STANDARDS AND SPECIFICATIONS OF THE PUBLIC GENERAL NOTES WORKS DEPARTMENT OF THE CITY OF WATERLOO, IOWA, UNLESS OTHERWISE NOTED. 2. ALL WORKMANSHIP AND MATERIALS SHALL BE SUBJECT TO THE INSPECTION AND APPROVAL OF THE CITY OF WATERLOO, IOWA. 3. PRIOR TO COMMENCEMENT OF WORK, THE CONTRACTOR SHALL NOTIFY ALL THOSE COMPANIES WHICH HAVE FACILITIES IN THE NEAR VICINITY OF THE CONSTRUCTION TO BE PERFORMED. 4. THE CONTRACTOR MAY UTILIZE THE FOLLOWING TOLL FREE PHONE NUMBER PROVIDED BY ONE CALL SYSTEM, INC.: 1—(800)-292-8989. THIS PHONE NUMBER IS APPLICABLE ANYWHERE WITHIN THE STATE OF IOWA. 5. ALL DAMAGE TO EXISTING UTILITIES SHALL BE REPAIRED BY AND AT THE EXPENSE OF THE CONTRACTOR. 6. THE CONTRACTOR SHALL UNDER NO CIRCUMSTANCES CLEAR OR DAMAGE ANY TREES OUTSIDE THE CLEARING LIMIT LINE SET BY THE CITY WITHOUT THE WRITTEN PERMISSION OF THE CITY ENGINEER OR PROPERTY OWNER. 7. CLEARING AND GRUBBING OPERATIONS AND DISPOSAL OF ALL DEBRIS THEREFROM SHALL BE PERFORMED BY THE CONTRACTOR IN STRICT ACCORDANCE WITH ALL LOCAL CODES AND ORDINANCES. 8. THE CONTRACTOR SHALL KEEP THE STREETS CLEAN OF MUD AND DEBRIS. 9. THE CONTRACTOR SHALL PLACE MIN. 4" TOPSOIL AND SEED & MULCH ALL DISTURBED AREAS AT THE DIRECTION OF THE CITY ENGINEER. \SET \ IOWA= ONE CALLS. 1-800-292-8989 www.iowaonecall.com �TILITY 3ISCLAIVE Know wears below_ Call lueloreyou Mg. EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED SEAL: 0I//% \\\ ESSIO Q . U$SELL 7 :m� IOWA o i l I Iq I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IOWA. (w• .4s q/r / .20(9 (SIGNATURE) (DATE) RUSSELL W. DOSS LICENSE NO. 20087 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2019 PAGES OR SHEETS COVERED BY THIS SEAL: Cl THRU C5 J t DESCRIPTION w Q 0 0 z J < Q L.L W O z W 0 L.L Q w J 1— _1 < O� 0 SITE PLAN SHEET Cl Page 124 of 208 BM #210 ELEV=855.98 (105 S00°26'16"E 1922.45' \ \ \ \ \ \ \ \ \ ` \\ \\ P \\\\\` G \\ \\ \ I I \\�I \ \\ \\\\\ \\ \ H \ \ \\ \\ \\ \ \ \tl\ \ \ \ \ \ \ \ \\ \ \ I\ \ \ \\ \\\ \\\I \\\ \\\ \ \ \\ \ \\\ I\ \\ \\ \\\\ \I\\ \\\ \ \ \ \\ \ \ \ \ \ \ \ \ -\\\ \ \\I\ \\I \\ \\ \ it \\ \ \ \ \\ \ 1 I \ \\\ \\ \® I I 1 \ \ \\ \1 I N \ \ \ \ \ \ \ I I 1 NJ \ \ \ \ I \\ \ \ N N c(` 2I I SET 50' • \ \ 75 L.F., 24" RCP @ 1.73% SLOPE U.S. FL = 858.80 D.S. FL = 857.50 Fa xN \ \ \ ... -� \\ `\ \\ `\ \ \\N\ N\ \ \\• \\ \ /—z956'— N `\ N\ x\ \ `\ \ `\ \\ \ x N \ \ �\ \ \\ \ \ \ � \\N `N `N `'� \•`• \•\\ /Th\ \ \ `N \\� N \\ \ \ \\ `\ ,----\. \ N\ \ \ \ \ \ N N N N ` \\ \\ \ N� NN N \\ \ \\ \\\ \\ N N N \ \ \ • \ • \ • • \ N iN N \ NNNN • \ • SET I 7 • • • RIPRAP ERO"SION PROTECTION, 6�12" ROCK, 12" DEPTH\ BM #11 ELEV859.75 0 , cci IN, --$CZ SET 28 L.P., 24"RCP— @ 1.079`8-LOPE U.S. FL = 859.30 D.S. FL = 859.00 • • 51 • • \ \ DETENTION OUTFALL\ SEE DETAIL ON SHEET G5.1 DETENTION AREA TOP BERM = 858.00 OUTLET = 856.00 \ \ \ 7 \ 7\\ \\ \ \ LEFT LANE ENDS SIGN \ `\ \ \ \` \ ST 7 (2)4 P vc INV=855.03 • N. • PRQFSOSED DOJJAR GENERAL STORE 7 • • • • • 306 10" PVC IROF DRAIN 77 • • • • • • NNNNNNN • • • • • • • • • • 60' BENCHMARKS: BM #210: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 35' WEST OF NW CORNER OF PROPERTY ELEV=855.98 BM #211: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 145' NORTH OF SW CORNER OF PROPERTY ELEV=859.75 • • • • N. LEGEND SET • OE OE SET MONUMENT IRON ROD CAPPED L.S. 20045 ALUMINUM DISK UTILITY POLE GUY WIRE SIGN TELEPHONE PEDESTAL OVERHEAD UTILITY LINE UNDERGROUND TELEPHONE LINE GROUND CONTOUR WITH ELEVATION GAS MARKER GAS MAIN STORM SEWER MARKER DECIDUOUS TREE WITH SIZE SITE PLAN GENERAL NOTES: 1. STANDARD PARKING SPACES SHALL HAVE MINIMUM SIZE OF 9'X 20' UNLESS LOCAL JURISDICTION REQUIRE LARGER SPACES. PARKING SPACE STRIPING SHALL BE STANDARD 90 DEGREE STYLE. MINIMUM SIZE OF H.C. PARKING SPACES AND ACCESS AISLE ARE SHOWN ON DETAILS. 2. PAINTED STANDARD PARKING SPACE AND ISLAND STRIPE COLOR SHALL BE YELLOW FOR ASPHALT PAVEMENT AND CONCRETE PAVEMENT. COLOR FOR PAINTED H.C. ACCESSIBLE PARKING SPACE STRIPES, ACCESS AISLE OR ISLAND STRIPES, H.C. SYMBOLS, SHALL BE PAINTED PER THE REQUIREMENTS OF THE AUTHORITY HAVING JURSIDICTION. BOLLARDS SHALL BE PAINTED YELLOW. PAINT SHALL BE REFLECTIVE TYPE. 3. PAINTED FIRE LANE STRIPING OR PAINTED CURBS SHALL BE PROVIDED AS REQUIRED BY JURISDICTIONAL REQUIREMENTS. 4. CONCRETE PARKING STOPS SHALL BE USED AT PARKING SPACES ALONG THE OUTER PERIMETER OF PARKING LOT WHEN CONCRETE CURBS ARE NOT USED. 5. CONCRETE PARKING STOPS SHALL NOT BE USED AT THE FRONT OF THE BUILDING OR ALONG THE PERIMETER (ADJACENT) TO THE BUILDING. 6. THE SIDEWALK AT THE FRONT OF THE BUILDING SHALL BE A MINIMUM OF 9—FEET WIDE. THE SIDEWALK SHALL INCLUDE A 10—FOOT MINIMUM WIDE ADA ACCESSIBLE RAMP CLOSE TO THE STORE MAIN ENTRANCE. SIDEWALKS ALONG OTHER SIDES OF BUILDING SHALL BE MINIMUM 3'-6" WIDE. SIDEWALKS ADJACENT TO BUILDING SLABS SHALL HAVE SEALED ISOLATION JOINTS AND SHALL BE 6" HIGH ABOVE EXTERIOR OR PAVEMENT FINISH GRADES. ALL EXTERIOR SIDEWALKS SHALL HAVE A BROOM FINISH. 7. PORTLAND CEMENT SIDEWALKS SHALL BE MINIMUM 4" THICK WITH WELDED WIRE FABRIC REINFORCING. 8. SIDEWALKS ADJOINING THE BUILDING MUST HAVE A 6" HIGH INTEGRAL CURB. 9. SLOPE CONCRETE SIDEWALKS AWAY FROM BUILDING AT A MINIMUM SLOPE OF 1/8" PER FOOT. INCLUDING RECESSED ENTRY. 10. THE ACTUAL LOCATION FOR THE PYLON SIGN SHALL BE SITUATED FOR OPTIMUM VISIBILITY ALONG THE MAIN FRONT TRAFFIC CORRIDOR. 11. BUILDING CORNERS ADJACENT TO PAVED AREAS SHALL BE BOLLARD PROTECTED. ABOVE GROUND UTILITY APPURTENANCES, SUCH AS METERS, TRANSFORMERS, FIRE HYDRANTS IN PAVED AREAS, ETC. SHALL BE BOLLARD PROTECTED. 12. DOWNSPOUTS SHALL NOT BE ALLOWED TO DISCHARGE ON CONCRETE SIDEWALKS. ROUTE DOWNSPOUTS UNDER SIDEWALKS AT ALL SIDEWALK LOCATIONS. 13. ALL DOWNSPOUTS DISCHARGING ONTO NON PAVED AREAS ARE TO HAVE A MINIMUM FIVE FOOT PERFORATED LANDSCAPE PIPE STRAPPED TO A MINIMUM 12 INCH X 24 INCH CONCRETE SPLASH BLOCK. 14. FINISH FLOOR TO BE A MINIMUM OF 12 INCHES ABOVE 100 YEAR FLOOD PLAIN. 15. FINISHED GRADE AT EXTERIOR WALLS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR AT ALL nN—PAVED AREAS. • N. • \\\\\\:\,\\\\,\\\\\\\\\\6\c,s iii7T • IOWA, ONE CALL 1-800-292-8989 Know whal's Call ilelore DISCLAI VE EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED 0 co >- DESCRIPTION LLJ U SELL LCD CD 07 cn Lc) o CN 00 GRADING PLAN 0 SHEET C2 Page 125 of 208 7 BM #210 ELEV=855.98, /// / L' I SILT FENCE AT PROPEL TY BOUN[ ARY II A I� I I I I I I I I I MIN. 30' X 60' CONST. ENTRANCE 6" STONE S00°26116"E 1922.45' I I / / N N N N. N N. \ \ ` \\ z� \ \ NN \\ \\\ \` \\\ \ ` ` \ \ 36��� \ \ N. N. N. \ \\ \ \` \\ \. `\ \\\NNN \\ \\N \�' \\ \\ \ \ \ \\\ \\� \� \\ \\ `\ \\ \\ \\ \ \ \ 50' I Fa N SET \ \ \ \ �\\ \\ \\ \ \ \ \\ \ \ \\ \ \ \ \ \ \ \ \ "'mac' \ \ \ \ \ \\ `N ` \ \ \ \ \ \ \`\ `\ �`-T N. RIPRAP EROSION PROTECTION, TIT. SET \N\ 51 SWPPP MAILBOX PORTABLE RESTROOM \ \,\\\\\ " \\\ \ �� \ \ \ \\\\\\ \\ \ \ \ \� \\ \N \ \ \\ `\ \ \ \\ \ \\\\\ I \\\ \ \\\ \ \\\ \ \\ \ \ `\ \ \ NN \\ \ \ �\ \ \ C \ \ \ N. g5� \ PROJECT STAGING AREA N LEFT LANE ENDS SIGN \ \� SOD HATCHED AREA. SEED AND MULCH REMAINDER N N DOLVA GENERAL vz 7 25 SETBACK N 60' BENCHMARKS: BM #210: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 35' WEST OF NW CORNER OF PROPERTY ELEV=855.98 BM #211: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 145' NORTH OF SW CORNER OF PROPERTY ELEV=859.75 \N\ SILT FENCE AT PROPERTY BOUNDARY \\\\ \\\\ \\\\\:\\\\\::::\\:\\\\‘\:\\\:\\\\\\2\\\\\\\ \ 2, \:‘ N . \. , \ \ea., ---\ N s) \ 8,\ \\ \\\\\,:\ N. N N N N N N N N N N2 \ 1\:\ \ \\\\ \\ \\\ N N NI DITCH CHECKS OR N N N N N\\\\\ N. N N LEGEND SET • OE SET MONUMENT IRON ROD CAPPED L.S. 20045 ALUMINUM DISK UTILITY POLE GUY WIRE SIGN TELEPHONE PEDESTAL OVERHEAD UTILITY LINE UNDERGROUND TELEPHONE LINE GROUND CONTOUR WITH ELEVATION GAS MARKER GAS MAIN STORM SEWER MARKER DECIDUOUS TREE WITH SIZE SITE PLAN GENERAL NOTES: 1. STANDARD PARKING SPACES SHALL HAVE MINIMUM SIZE OF 9'X 20' UNLESS LOCAL JURISDICTION REQUIRE LARGER SPACES. PARKING SPACE STRIPING SHALL BE STANDARD 90 DEGREE STYLE. MINIMUM SIZE OF H.C. PARKING SPACES AND ACCESS AISLE ARE SHOWN ON DETAILS. 2. PAINTED STANDARD PARKING SPACE AND ISLAND STRIPE COLOR SHALL BE YELLOW FOR ASPHALT PAVEMENT AND CONCRETE PAVEMENT. COLOR FOR PAINTED H.C. ACCESSIBLE PARKING SPACE STRIPES, ACCESS AISLE OR ISLAND STRIPES, H.C. SYMBOLS, SHALL BE PAINTED PER THE REQUIREMENTS OF THE AUTHORITY HAVING JURSIDICTION. BOLLARDS SHALL BE PAINTED YELLOW. PAINT SHALL BE REFLECTIVE TYPE. 3. PAINTED FIRE LANE STRIPING OR PAINTED CURBS SHALL BE PROVIDED AS REQUIRED BY JURISDICTIONAL REQUIREMENTS. 4. 5. 6. CONCRETE PARKING STOPS SHALL BE USED AT PARKING PARKING LOT WHEN CONCRETE CURBS ARE NOT USED. CONCRETE PARKING STOPS SHALL NOT BE USED AT THE PERIMETER (ADJACENT) TO THE BUILDING. SPACES ALONG THE OUTER PERIMETER OF FRONT OF THE BUILDING OR ALONG THE THE SIDEWALK AT THE FRONT OF THE BUILDING SHALL BE A MINIMUM OF 9-FEET WIDE. THE SIDEWALK SHALL INCLUDE A 10-FOOT MINIMUM WIDE ADA ACCESSIBLE RAMP CLOSE TO THE STORE MAIN ENTRANCE. SIDEWALKS ALONG OTHER SIDES OF BUILDING SHALL BE MINIMUM 3'-6" WIDE. SIDEWALKS ADJACENT TO BUILDING SLABS SHALL HAVE SEALED ISOLATION JOINTS AND SHALL BE 6" HIGH ABOVE EXTERIOR OR PAVEMENT FINISH GRADES. ALL EXTERIOR SIDEWALKS SHALL HAVE A BROOM FINISH. 7. PORTLAND CEMENT SIDEWALKS SHALL BE MINIMUM 4" THICK WITH WELDED WIRE FABRIC REINFORCING. 8. SIDEWALKS ADJOINING THE BUILDING MUST HAVE A 6" HIGH INTEGRAL CURB. 9. SLOPE CONCRETE SIDEWALKS AWAY FROM BUILDING AT A MINIMUM SLOPE OF 1/8" PER FOOT. INCLUDING RECESSED ENTRY. 10. THE ACTUAL LOCATION FOR THE PYLON SIGN SHALL BE SITUATED FOR OPTIMUM VISIBILITY ALONG THE MAIN FRONT TRAFFIC CORRIDOR. 11. BUILDING CORNERS ADJACENT TO PAVED AREAS SHALL BE BOLLARD PROTECTED. ABOVE GROUND UTILITY APPURTENANCES, SUCH AS METERS, TRANSFORMERS, FIRE HYDRANTS IN PAVED AREAS, ETC. SHALL BE BOLLARD PROTECTED. 12. DOWNSPOUTS SHALL NOT BE ALLOWED TO DISCHARGE ON CONCRETE SIDEWALKS. ROUTE DOWNSPOUTS UNDER SIDEWALKS AT ALL SIDEWALK LOCATIONS. 13. ALL DOWNSPOUTS DISCHARGING ONTO NON PAVED AREAS ARE TO HAVE A MINIMUM FIVE FOOT PERFORATED LANDSCAPE PIPE STRAPPED TO A MINIMUM 12 INCH X 24 INCH CONCRETE SPLASH BLOCK. 14. FINISH FLOOR TO BE A MINIMUM OF 12 INCHES ABOVE 100 YEAR FLOOD PLAIN. 15. FINISHED GRADE AT EXTERIOR WALLS SHALL BE A MINIMUM OF 6" BELOW FINISHED FLOOR AT ALL nN-PAVED AREAS. TOPSOIL STOCKPILE -.\7T IOWA, ONE CALL. 1-800-292-8989 Know whal's Call home vol. dim DISCLAI VE EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED 0 CC a co >- DESCRIPTION LLJ U SELL o LLJ 00 0 LIJ 0 SHEET C3.0 d Page 126 of 208 y NOTES: 1. THE MININIMUM LONGITUDINAL SPLICE OVERLAP SHALL BE 2' WITH A POST AT EACH END. 2. SECURE FABRIC TO POSTS. POSTS, 4' LONG (MIN.) © 5' 0.C. (MAX.) "Y" = 6" MIN. "X" + "Y" = 12" MIN. WOOD STAKE, SEE DETAIL ENGINEERING FABRIC FLOW MOO/ „X„ 4" MIN. WIDTH TRENCH AND COMPACTED BACKFILL SILT FE\CE DETAIL NOT TO SCALE WOOD STAKE, SEE DETAIL AAA A A A A A A y y ., ' A, A, A, A, A, y y V, ✓ y A, A, * y y y 4, 4, y y y y y y y y y \y y y y y y y \ y y y 4, y 4, y y\ y y 4, 4, y y y \y y y y y y • pr;••ill 4i ♦rr.•.•••G .••i•-4•1, • y 'V y y y y y y y A, A, 'V 'V 4, A, A, A, A, 'V 'V y y y y y y 4- y y y y y y y 4, y y 4, y y y y y y y y y y y \ y y y y y y y 4, \ y y y y y y y \ 4, y y y y y y y y y y 4, y y y y y y y A y y y y y y y y `1' ............ !•i:•k ii4t • ei r• y y y y y y `i41 .........:;? ... „;;„;.; y y y y y y y 44i f 4, 4, 4, 4, 4, 4,y y 4, 4, 4, 4, 4, 4, 4, 4, y y y y 4, y yY y y N y y y y y A A A A Ay y y y y y y 4, 4, 4, 4, 4, 4, 4, y 4, y y 4, 4, 4, 4, y y y 4,111 4, 4, 4, 4, 4, y 4, y • - J' y ✓ y y y y y y y y \ y y� y y y\ y y y y y y y y y y y y * y 4, 4, y y 4, y y y y 4, y y A y y y y y y y y i, y .y A A A y y y y y q 11:III'iy y W A, J, A, A, y y y y y y y y y A, A, y y y y y y y y y y y y y y y\ y y y y y y y y 'V 'V y y y .1, 'V y y y 'V y 'Y 'Y y y y y y y y y A, 4- A, ' y y y y 4, y y y y y y y y y y y y y y y y y y y y y. y y y y y y y y y y y y \1 y y A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A \y A A A A A A A A AA A, y y A, A, y\ y y y A, A, y y A, A, y A, A, A, A, A, 'V 4' y y ' A, A A, A, y y ' A, A, y ,V, ‘/' A, A, y y y y y y y y y y y y y y y 'V y A A .4' y A A A A A A A A ' A A A A A A A A y A A y A y y A A SEEDING AND MULCHING SPECIFICATIONS ALL DISTURBED AREAS MUST BE REVEGETATED BEFORE TEMPORARY SEDIMENT CONTROLS CAN BE REMOVED. 1. GOVERNING SPECIFICATIONS ALL SEEDING, MUCHING, FERTILIZING, AND MAINTENANCE SHALL BE IN ACCORDANCE WITH SECTION 9010 OF THE SUDAS STANDARD SPECIFICATIONS 2. TOPSOIL SEEDBED SHALL BE PREPARED LOOSENING TOPSOIL A MINIMUM OF 6 INCHES. 3. FERTILIZER FERTILIZER SHALL BE 13-13-13 (N-P-K) COMMERCIAL GRADE APPLIED AT A RATE OF 200 LBS PER ACRE. 4. SEEDING SEED MIX SHALL BE TYPE 1 AS SPECIFIED IN THE SUDAS STANDARD SPECIFICATIONS. SEED SHALL BE APPLIED AT A RATE OF 200 POUNDS PER ACRE. 5. MULCHING MULCHING SHALL BE APPLIED AT THE RATE OF 1.5 TONS PER ACRE. y 'V 'V 'V 'V y y 'V .1, .1, .1, * A, A, A, A, A, y y 'V 'V A, y ' ' ' A, A, A, A, A, A, y 'V 'V A, y ' ' A, A, A, A, A, A, 'V 'V A, y ' y STRAW WATTLES 310-BOLL/WATTLE NOT TO SCALE ‘‘\I DETAIL STRAW WATTLE TRENCH WOOD STAKE ■ I N SLOPE SURFACE EXISTING PAVED ROADWAY SEDIMENT BARRIER MATCH EXISTING GRADE STRAW WATTLE WOOD STAKE :1111111 4, NppommEmmmi mommommi �i� j j il / ��II /\ //.//,\/ //\ 2 /\ CRUSHED AGGREGATE GREATER THAN 3" BUT SMALLER THAN 6" ODOoOo0o0o0oCYo0o0o0o0c50o0oODOo0o0 FILTER FABRIC ORIGINAL GRADE SECTION \ / SEDIMENT TRAPPING DEVICE (OPTIONAL) CORRUGATED STEEL PANEL (OPTIONAL) ovov���� o 0 0 0 0 0 %O O i0 c=:. �` �O O O O �oov- 0 0 jjyy^` o o O O - ov, 0 0 o O O?jjyy^ll 0 O O O i 10' MIN OR AS REQUIRE o O o o O O ACCOMMOD ANTICIPATE[ o 0 0 0 o 0 0 o 0 TRAFFIC, WI- /<- �o� rjy=� _/��C GREATER IS�,-�/� OA' AAINI B 50' MIN PLAN CON STD U CTI O\ EN TR AN CE WOOD STAKE All\\**,,,1111 \/\jam-. NOT TO SCALE D TO ATE ICHEVER 0 LU co >- DESCRIPTION LLJ U SELL 00 0 SHEET C3.1 d Page 127 of 208 BM #210 ELEV=855.98 S00°26'16"E 1922.45' z 0 50' BM #11 ELEV859.75 \ \ \ \ \ • \\ lot LEFT LANE ENDS SIGN (2)4'P vc INV=855.03 • \ \ \ \ \ \ \ \ 20' SETBACK \ JO' _ 0' JO' SCALE : 1 /NCH = JO FEET \ N89°53'07"W 522.87' `SO \ \ 60' \ \ \ • \ \ \ \ BENCHMARKS: BM #210: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 35' WEST OF NW CORNER OF PROPERTY ELEV=855.98 BM #211: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 145' NORTH OF SW CORNER OF PROPERTY ELEV=859.75 \ \ \ • . LEGEND SET • 0 _a— ❑r OE OE 6-7_ G ST a SET MONUMENT IRON ROD CAPPED L.S. 20045 ALUMINUM DISK UTILITY POLE GUY WIRE SIGN TELEPHONE PEDESTAL OVERHEAD UTILITY LINE UNDERGROUND TELEPHONE LINE GROUND CONTOUR WITH ELEVATION GAS MARKER GAS MAIN STORM SEWER MARKER DECIDUOUS TREE WITH SIZE LANDSCAPE NOTES: 1. ALL PLANTING BEDS SHALL HAVE A MINIMUM 3" DEPTH OF MULCH, WITH EDGING AS REQUIRED. 2. ALL TREES LOCATED IN SOD AREAS SHALL HAVE A MULCH RING AROUND THEM WITH EDGING. 3. ALL PLANTINGS SHALL BE THOROUGHLY WATERED BY THE LANDSCAPE CONTRACTOR AT THE TIME OF THE PLANTINGS. 4. MAXIMUM GRADING SHALL NOT EXCEED 4:1. 5. CONTRACTOR IS RESPONSIBLE FOR ESTABLISHING ALL VEGETATION AND REGIONAL APPROPRIATE LANDSCAPING. IRRIGATION NOTES: 1. IRRIGATION SYSTEM FOR SODDED AND LANDSCAPED AREAS IS NOT SHOWN BUT SHALL BE DESIGNED AND INSTALLED BY CONTRACTOR. 2. IRRIGATION SYSTEM TO INCLUDE ALL SPRAY HEADS, VALVES AND CONTROLLERS. 3. LOCATE HEADS A MINIMUM OF 2'-0" FROM EDGE OF PAVEMENT / CURB. LANDSCAPING SYMBOL LEGEND 2" 0 VERSTOR Y TREE 1-1/2" UNDERSTORY TREES 5 GALLON SHRUBS \ \ \ \ \ (2)4'PVC INV=861.65 \ • . \ \ \ \ . \ \SET LANDSCAPING CALCULATIONS: TOTAL SITE AREA = 134,239 S.F. VEHICULAR USE AREA = 19,497 S.F. BUILDING & SIDEWALK AREA = 11,040 S.F. STREET FRONTAGE = 1,245 L.F. OPEN AREA = 103,702 S.F. OPEN AREA = 103,702 S.F. / 134,239 S.F. = 77.3% TOTAL REQUIRED POINTS = .04 * 134,239 = 5,370 POINTS - MINIMUM POINTS FROM TREES = .65 * 5,370 = 3,491 POINTS REQUIRED VEHICULAR USE AREA = 19,497 * 5% = 975 S.F. (1,121 S.F. PROVIDED) - VEHICULAR USE AREA POINTS = .04 * 19,497 = 780 POINTS REQUIRED FRONTAGE POINTS = 1,245 * 1.5 = 1,868 POINTS 30 OVERSTORY TREES = 30 * 80 = 2,400 POINTS 40 UNDERSTORY TREES = 40 * 40 = 1,600 POINTS 195 SHRUBS = 10 * 195 = 1,950 POINTS TOTAL POINTS = 2,400 + 1,600 + 1,950 = 5,950 POINTS > 5,370 REQUIRED IOWA= ONE CALL.. 1-800-292-8989 www.iowaonecall.com �TIEITY DISCLAI VE Know wi,:,rs below. Call 4etore you EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED J t DESCRIPTION w F- 0 0 z \.�oFEssio'''�%, USSELL 7 •4) TOWN \,\`\ tit LANDSCAPING PLAN SHEET C4.0 Page 128 of 208 EXISTING UNDISTURBED SOIL LAWN EXCAVATE UNIFORM EDGE WITH SHARP TOOL MINIMUM DEPTH OF SHREDDED —HARDWOOD MULCH IN PLANTING BED IIIli= III1 i EARTHEN EDGI\G DETAIL NO SCALE PLA\ VIEW 1-3/4" X 1-3/4" STAKES, 30" OR MORE IN LENGTH, WITH 2—#14 GALVANIZED WIRES ENCASED IN 2—PLY MIN. 1 /2" DIA. RUBBER HOSE. REFER TO SPECS FOR REMOVAL. SET TREE 1 /8 DEPTH OF BALL HIGHER THAN ADJACENT GRADE 3" HIGH SAUCER, 8" TO 12" WIDE. NOT TO EXCEED 3:1 SLOPE T'EE PEA\TI\G ON SLOPE DRAIN TRENCH PRUNE ALL DAMAGED, DISEASED OR WEAK BRANCHES. MULCH 6' DIAMETER AREA (OR WITH SAD ON TO MINIMUM 3" DEPTH REMOVE TOP 1 /3 OF BURLAP. TOPSOIL MIXTURE: 2/3 EXISTING SOIL 1 /3 MoPOST OR SOIL MIXTURE (REFER TO SPECS) TREE DETAIL- LESS THAN 3 1 /2" CALIPER NO SCALE ORIGINAL GRADE OF PLANT IN POT TO BE THE SAME AS FINISHED GRADE. 3" HIGH SAUCER/ 8"-12" WIDE. CLEANLY PRUNE ONLY DAMAGED, DISEASED OR WEAK BRANCHES. CUT SLITS IN ORGANIC CONTAINER TO FACILITATE ROOT PENETRATION; IF NON —ORGANIC, REMOVE COMPLETELY SHRUB DETAIL NO SCALE 3" DEPTH OF SHREDDED HARDWOOD MULCH UNDISTURBED SOIL TOPSOIL MIXTURE: 2/3 EXISTING TOPSOIL 1 /3 MoPOST OR SOIL MIXTURE (REFER TO SPECS) PLANS) t >- m DESCRIPTION w F- 0 6 z LANDSCAPING DETAILS SHEET C4.1 Page 129 of 208 t • STANDARD STATE APPROVED HANDICAPPED SIGNAGE INSTALLED ON A METAL COLUMN AT THE PROPER HEIGHT REQUIRED. PROVIDE ADDITIONAL SIGNAGE BELOW THE HANDICAPPED SIGN AS REQUIRED PER REGULATIONS. BOLT SIGNS TO GALVANIZED METAL PIPE COLUMN 6" DIAMETER CONCRETE FILLED STEEL PIPE BOLLARD, PAINTED YELLOW tiCONCRETE SURROUND AROUND PIPE COLUMN 11 0 N 1'-6" MIN. BOLLARD DETAIL STRIPING NOTES NOT TO SCALE YELLOW STRIPING 1:12 MAXIMUM SLOPE SIDE ENTRY DETAIL NOT TO SCALE YELLOW CURBING SURFACES SHOULD BE CLEAN, DRY AND METAL SURFACES AND BOLLARDS FREE OF HEAVY RUST 2 COATS SHERWIN WILLIAMS - KEM 4000 ACRYLIC ALKYD ENAMEL SAFETY YELLOW B55Y300 STRIPING - SURFACES SHOULD BE CLEAN, DRY. TOP COAT PARKING LOT SHERWIN WILLIAMS - PROMAR TRAFFIC MARKING PAINT YELLOW TM5495 HANDICAP STRIPING - PARKING LOT SURFACES SHOULD BE CLEAN, DRY. TOP COAT SHERWIN WILLIAMS - PROMAR TRAFFIC MARKING PAINT "H.C." BLUE 2"-4" SPACING If 4x4 FRONT 4x4 1 X6 2x4 1 X6 TOP VIEW 8'-0" MAX. 1111II11IIII1IIIII�IIIIIIIIIIIIIIIa°MAX =1111II111111IIIII�IIIIIIII_,,; =11 1=1 11 11 111=11 SPACING =11=11 HH H H .; alum 1 1 H h_ _m 111 111 I I I I u 1 I I I: -1 I= a I 1 1 I I-1 1-11-1-1 I I -I 11-I - W �a I I- I .I 1 I I: 4EI I M 11-1' a1 a 1I 1I 1 11 h :Mk= �111 1-1 I II 1 la h -III- 4" x 6" GUTTER DOWNSPOUT 6" SIDEWALK CURB (TYP) FRONT VIEW 2X4 N N- 4x4 1 X6 2x4 TREATED PINE (USE GALVANIZED NAILS FOR FASTENING) IF ANY PARCEL OF LAND ADJACENT TO THE DEMISED PREMISES IS EITHER ZONED FOR RESIDENTIAL USE OR IS ACTUALLY BEING USED FOR RESIDENTIAL PURPOSES ("RESIDENTIAL PROPERTY"), LESSOR SHALL CONSTRUCT A PRIVACY FENCE IN ACCORDANCE WITH TENANT'S PROTOTYPE PLANS AND ANY APPLICABLE ORNAMENTAL REQUIREMENTS ALONG ANY PORTION OF THE DEMISED PREMISES BORDERING UPON SUCH RESIDENTIAL PROPERTY. NOTE: NUMBER OF BOARDS WILL VARY DEPENDING ON SPACE BETWEEN BOARDS AND ACTUAL WIDTH OF BOARDS. REAR VIEW WOOD FENCE DETAIL NOT TO SCALE STEEL PLATE, DIAMOND PLATE -r GUTTER DOWNSPOUT DETAIL SIDEWALK NOT TO SCALE rilio�o�o•o�o�oAo�o0 7>-K7/./ 6" 4000 PSI CONCRETE PAVEMENT (7" AT DUMPSTER PAD) REFER TO GEOTECHNICAL REPORT FOR DETAILED PAVEMENT SPECIFICATIONS COMPACTED AGGREGATE BASE COMPACTED SUB GRADE CONCRETE PAVEMENT SECTION NOT TO SCALE STANDARD PARKING SPACE STRIPING Cb cS/Q��>F BOLLARD 1:12 MAX WITH H.C. SLOPE PARKING SIGN 6" CURB HEIGHT H.C. BLUE PARKING SPACE STRIPE ACCESS AISLE 0 STANDARD PARKING SPACE STRIPING HANDICAP ACCESS NOT TO SCALE 6" HIGH CURB BOLLARD WITH H.C. PARKING SIGN SLOPE CONCRETE SIDEWALK AWAY FROM BUILDING 1/8" PER FOOT i DESCRIPTION w F- 0 0 z IoWP SHEET C5.0 d Page 130 of 208 TOP OF CURB GRADE CONTROL 6 1/4" FOR SPILL GUTTER (SPILL GUTTERS WHERE PAVEMENT SLOPES AWAY FROM CURB) CONTRACTION JOINTS @ 20' INTERVALS 3/4" EXPANSION JOINTS @ ALL POINTS OF BEGINNING CURVATURE AND TANGENCY CONCRETE CURB & GUTTER DETAIL NOT TO SCALE 1-3/8" HOLES AT 120° AROUND PIPE (9—HOLES REQ'D) 6" SCH. 40 PVC PIPE \°°°00°C)°U°U°C)°C)°U°U°C)°° 0 0 0 °OC' 0°00000°0°00000°0°0000000°0000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 QQ°0°0°0°0°0°0°0°0°0°0°0°0°0° �0°0°0°0°0°0°0°0°0°0°0°0° �',200000000000000000000 .474-00000000000000000c °°ow o°o°o°c 000000s • c c TOP OF BERM ELEV. 858.00 /y 20 L.F., 12" HDPE PIPE @ 1.0% SLOPE —\ ///////// 6" THREADED PVC CAP TOP ELEV = 857.50 " SCH. 40 PVC PIPE 000000< @ o o°O°0°< Q I 000000< •°°°< Cr) II - o < 000< N o Ci u vv/j/j/ti v v v •°°/ °// °°° //// °°° ° 2"-3" CRUSHED STONE 0 O°O >00000 0000000 ,°°°°o ELEV. 856.00 > 6" PVC ELBOW PERFORATED RISER DETAIL TOP OF SPILLWAY ELEV. 857.50 4 —I1 INV. EL. 855.70 #4 BARS @ 9" E.W. NOT TO SCALE #8 SMOOTH BARS @ 6" O.C. EACH WAY 4'x4' O.D. PRECAST CONCRETE BOX PERFORATED RISER SEE DETAIL " SCH. 40 PVC CAST —IN —PLACE SLAB OUTFALL STRUCTURE DETAIL NOT TO SCALE FLOOR OF DETENTION ELEV. 856.00 2.35" O 0 0 O 0 0 0 O 0 0 0 o . o o. o NOTE: DETECTABLE WARNING SHALL CONSIST OF OF RAISED TRUNCATED DOMES WITH A DIAMETER OF 0.9", A HEIGHT OF NOMINAL 0.2", AND A CENTER —TO —CENTER SPACING OF NOMINAL 2.35". AND SHALL CONTRAST VISUALLY WITH ADJOINING SURFACES AND SHALL BE AN INTEGRAL PART OF THE WALKING SURFACE. TRUNCATED DOME DETAIL 4' NOT TO SCALE 48' da a ° 'd n a da CONTRACTION JOINTS SHALL BE PLACED EVERY 4' FILL ALL DISTURBED AREAS WITH MINIMUM 4" LIGHTLY COMPACTED TOPSOIL WITH SEED AND MULCH SIDEWALK SHALL BE CONSTRUCTED WITH 2% MAXIMUM CROSS SLOPE. NOTES: a. -i A A EXPANSION JOINTS ARE TO BE SET EVERY 48'(MAX.) WITH 2" EXPANSION MATERIAL AND BE FLUSH WITH THE TOP OF THE WALK. EXPANSION MATERIAL SHALL BE SAME DEPTH AS SIDEWALK. 4'-0" SECTION A —A 1. 4000 PSI CONCRETE MIX SHALL BE USED ON ALL SIDEWALK. 4" MINIMUM CONCRETE SIDEWALK 4" MINIMUM AGGREGATE BASE 2. ALL CONSTRUCTION SHALL CONFORM TO SUDAS SPECIFICATIONS AND ADA REQUIREMENTS. SIDEWALK DETAIL NOT TO SCALE t >- co DESCRIPTION w F- 0 0 z ••..... ..••• .,r; /I,, IOWP \\0 !a U J J Z w w Z 0 Z w 00 J_ F w 0 SHEET C5.1 Page 131 of 208 POPOSED DOLLAR GENERAL STORE / • / • / / / / / / V / / / / / / / / 20' SETBACK \\ \ \\\\\ \< \ \ \\ \\ \ N N \ \ \ M \\\ \ \\ \ \\\\\\ GRAVITY SANITARY \ \ SEWER SERVICE, SEE SHEET SU1. \ \ \ \ \ GRIN6ER PUMP PER SCHEDULE ON SHEET P3. ,N89°53'07"W 522.87' 00 i IFN8812-18-151-006 / OWNER: JOHN D. BRUSTKERN— / INSTALL CONC. BENCH IN BOTTOM OF MANHOLE AS SHOWN TO EXISTING SEWER OUTLET 4" BEDDING PRECAST RUBBER BOOT PER ASTM C923 CONCRETE SHALL BE MINIMUM OF 4000 PSI @28 DAYS FILLED UNDER PIPE TO UNDISTURBED GROUND. CONCRETE TO EXTEND TO FIRST JOINT IN NORMAL WIDTH OF TRENCH. —867— SECTION A - A NOTES: 1. DROP CONNECTIONS ARE NOT ALLOWED. \\\\\ \ \\ \N \ \ \ \\ \ N NO CONNECTIONS ALLOWED — TOP BENCH SHALL BE 2" ABOVE SPRINGLINE OR PIPE n CONCRETE COLLAR /`1 2-45° BENDS FLOW PROPOSED FORCED MAIN N \ \ \) \\ \\ \ ` \\\ \ \ \ \\ \ \ \�\\ \\ \ \ \ ()4' VC \ \ � \\\ \ IN V=86\65 \ \ \- \\�� \ \ \ \ \\ mac\ \ N N \ \\ ep \` \` \ \\ \\\\\\ \\ \\\ \\\\\\\\ \ N \ \ \ \\\ \ \ N \ \\\ \\ N N \\\\\\\\\\ \\\\\\\\\\\ N \ \ \\ N \\ \\\\\ \ N \ \ \ \\ \ \�� \\\\\\\\ \ \\ \ \\\\\\\\\ \ \ \\\\\\\ N \ PLAN VIEW MANHOLE CONNECTION DETAIL NOT TO SCALE \ OUTLET PIPE \ N SET co \\ 05�� OQ \ �� \ CENTELINE OF FORCE MAIN PIPING NOT ALLOWED IN EITHER QUADRANT ADJOINING THE MANHOLE OUTLET A FORCEMAIN DISCHARGE \ \ \ \\\\\\\\\ N N N N N ±758 L.F., 2" PVC FORCEMAIN. ASTM D2241, DR21, 200 PSI. MINIMUM DEPTH 42". \�� \ \ \\\\ \ \ \\ \ \\\\\\� �\ \ \ \\\\ \\ \\ \ \\\\\\ \\ \ \ \ \ \ \ \ \\\ \ \\ \ \\\ \\\\\\\ \ \ �\ \ \ 30' _ 0' 30' SCALE : 1 /NCH = 30 FEET 60' CONNECT 2" FORCEMAIN TO EXISTING MANHOLE. SEE DETAIL FOR CONNECTION. \ \ SET • 0 0 —Q- 0 BENCHMARKS: OE UT LEGEND G G ST a SET MONUMENT IRON ROD CAPPED L.S. 20045 ALUMINUM DISK UTILITY POLE GUY WIRE SIGN TELEPHONE PEDESTAL OVERHEAD UTILITY LINE UNDERGROUND TELEPHONE LINE GROUND CONTOUR WITH ELEVATION GAS MARKER GAS MAIN STORM SEWER MARKER DECIDUOUS TREE WITH SIZE BM #210: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 35' WEST OF NW CORNER OF PROPERTY ELEV=855.98 BM #211: FIRE HYDRANT TOP OF OPERATING NUT APPROXIMATELY 145' NORTH OF SW CORNER OF PROPERTY ELEV=859.75 ,TILITY \OTES 1. ALL SANITARY SEWER CONSTRUCTION SHALL CONFORM TO DESIGN AND CONSTRUCTION STANDARDS OF THE CITY OF WATERLOO, IOWA, UNLESS OTHERWISE NOTED. 2. SANITARY SEWER SERVICE LATERALS SHALL BE LAID AT LEAST 10' HORIZONTALLY FROM ANY EXISTING OR PROPOSED WATER LINE. THE DISTANCE SHALL BE MEASURED FROM EDGE TO EDGE. 3. SANITARY SEWER SERVICE LATERALS CROSSING WATER LINE SHALL BE LAID TO PROVIDE A MINIMUM VERTICAL DISTANCE OF 18 INCHES BETWEEN THE OUTSIDE OF THE WATER MAIN AND THE OUTSIDE OF THE LATERAL. THE CROSSING SHALL BE ARRANGED SO THAT THE LATERAL JOINTS WILL BE EQUIDISTANT AND AS FAR AS POSSIBLE FROM THE WATER LINE JOINTS. JTILITY DISCLAIVE� EXISTING UNDERGROUND UTILITIES AND BURIED STRUCTURES IN THE VICINITY OF THE WORK TO BE PERFORMED HEREIN ARE INDICATED ON THE DRAWINGS ONLY TO THE EXTENT THAT SUCH INFORMATION HAS BEEN MADE AVAILABLE TO OR DISCOVERED BY THE ENGINEER IN THE PREPARATION OF THE DRAWINGS. THERE IS NO GUARANTEE AS TO THE ACCURACY OR THE COMPLETENESS OF SUCH INFORMATION AND ALL RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS THEREOF IS EXPRESSLY DISCLAIMED IOWA. ONE CALL.. 1-800-292-8989 www.iowaonecall.com Know IllI 11010W. Call uet"re you am 1 J t 0 o Oro CC a LLI a Q o� 00 co >- 0 DESCRIPTION w Q 0 O z Cr) LO w z wlE o DO OFFSITE SEWER PLAN SHEET C6 Page 132 of 208 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291,4366 I. APPLICATION INFORMATION: a. Applicant's name (please print): DGOGWaterlooia062619 LLC Address: 1598 Imperial Center Phone: 417--256-4790 Fax: 417-256-8152 City: West Plains State: Missouri Zip: 65775 b. Status of applicant: (a) Owner (b) Other x (CHECK ONE): If other explain: contract buyer c. Property owner's name if different than above (please print): John Brustkern Address: 5225 Dysart Road Phone: 3Iq-26t--trigra Fax: City: Waterloo State: Iowa Zip: 50701 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Between Route 218 and Dysart Road south of Shaulis Road. b. Legal description of property to be rezoned: see attached survey c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): 3.082 acres e. Current zoning: R4 Requested zoning: C-P f. Reason(s) for rezoning and proposed use(s) of property: development of a Dollar General retail store 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 Iaw. 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 Council in making their decision. The undersigned authorize City Zoning Officials to enter the request. Signature o plicant x HMI ature of Owner Date Page 133 of 208 CITY OF WATERLOO Council Communication FY 2020 Street Reconstruction Program, Contract No. 993. City Council Meeting: 3/23/2020 Prepared: 3/17/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 3/17/2020 - 11:09 AM Clerk Office Even, LeAnn Approved 3/17/2020 - 12:13 PM ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. and authorizing to proceed. Motion to receive. file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Dennis Gentz, PE, Assistant City Engineer Page 134 of 208 FY2020 Street Reconstruction Program Cont. No. 993 Bid Tab: March 19, 2020 DIVISION I TOTAL BASE BID + ALTERNATE A (ASPHALT) + DIVISION II (WATER WORKS) = $3,596,184.50 DIVISION I TOTAL BASE BID + ALTERNATE B (CONCRETE) + DIVISION II (WATER WORKS) = $3,938,901.25 Bidder Bid Security Total Bid Amount Aspro, Inc. Waterloo, IA 5% ALT A $3,644,934.30 Page 135 of 208 CITY OF WATERLOO Council Communication FY 2021 Complaint Mowing with Complaint Snow Removal Contract. City Council Meeting: 3/23/2020 Prepared: 3/18/2020 REVIEWERS: Department Reviewer Action Code Enforcement Even, LeAnn Approved ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material SUBJECT: Date 3/18/2020 - 12:19 PM Motion to receive and file proof of publication of notice of public hearing. HOLDING HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of bid to B & B Lawn Care, Inc. of Waterloo, Iowa, for Option A $2,294 per occurrence, Option B $2,294 per occurrence, Option C $91.75 per man hour, Option D $91.75 per acre, Option E $107.75 per man hour, and approving the bonds and certificate of insurance, in conjunction with the 2020 Complaint Mowing with Complaint Snow Removal Contract, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Martin M. Peterson, City Attorney Recommended Action: Approve award of bid. Page 136 of 208 FY2020 COMPLAINT MOWING WITH COMPLAINT SNOW REMOVAL Bid Tab: March 19, 2020 Estimate: $50,000 Bidder Bid Security Bid Amount B & B Lawn Care, Inc. Waterloo, IA 5 Option : A $2,294.00 Option: B $2,294.00 Option: C $91.75 Option: D $91.75 Option: E $107.75 Page 137 of 208 CITY OF WATERLOO Council Communication Request by Lamar Advertising for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a 45 foot tall, 378-square-foot off -premises billboard, located at 2010 Sears Street. City Council Meeting: 3/23/2020 Prepared: 3/18/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Staff Report ❑ Aerial P hoto ❑ Site Plan ❑ application ❑ Billboard specs ❑ Billboard specs 2 ❑ Nearby Off -Premise signs ❑ Pictures ❑ Pictures 2 SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Date 3/18/2020 - 4:50 PM 3/18/2020 - 5:02 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public 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 amendment to 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 Site Plan Amendment on certain property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request to set the date of public hearing as March 23, 2020 to approve a request by Lamar Advertising for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a 45' tall, 378 SF off -premises billboard, located at 2010 Page 138 of 208 S ummary S tatement: Sears Street. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site in question is adjacent to Sears Street and Crossroads Boulevard, which are classified as Local Streets, as well as East San Martian Drive, which is classified as a Minor Arterial. There is sidewalk located along the south side of Sears Street, west of East San Marnan Drive. The area in question is zoned "S-1" Shopping Center District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. North — Existing commercial development, zoned "C-2" Commercial District. South — Crossroads Mall, zoned "S-1" Shopping Center District. East — Crossroads Mall, zoned "S-1" Shopping Center District. West — Existing commercial development, zoned "C-2" Commercial District. The Zoning Ordinance requires that billboard structures shall not be permitted within 1000' of another billboard structure/off-premises sign measured in either direction along both sides of the street which adjoins the billboard structure, measured from the base of the structure to the base of structure regardless of the grade. There are four other off -premises signs within the immediate vicinity, with one of those signs meeting the definition of a "billboard", while the other three signs are constructed to appear as an on -premises signs. The nearest billboard is approximately 990' to northeast along East San Martian Drive. The proposed billboard is approximately 315' from the Super Target sign, 600' from the Crossing Point sign and 850' from the Hurricane Grill sign. The Board of Adjustment will need to approve a variance to the setback to the existing billboard. The Board of Adjustment approved variances on February 23, 2016 and April 28, 2015 to have off -premises signage at 2027 Crossroads Boulevard and 1655 East San Martian Drive to advertise adjacent businesses. However, the signage that was constructed in a manner to that is similar to on -premises signage, rather than an off -premises billboard, which is typically constructed with a single monopole design. Staff feels that with the proposed billboard being 990' from the nearest true billboard, approval of the proposed billboard would not negatively impact the surrounding area. At the April 5, 2016 Planning, Programming and Zoning Commission meeting, the Commission voted 4-1 to deny a similar request for site plan amendment to allow for the construction of the new billboard. When the request proceeded to the City Council, since the Planning and Zoning Commission recommended denial, a six out of seven super majority was needed in order for it to pass the City Council, however; there were only five council members present at the meeting and the request was voted with four in favor and one opposed. However; the motion did not pass, as it was not a super majority of the City Council that passed the request. At the following meeting the next week, the City Council took action to rescind their 4-1 vote since it took no official action to approve any site plan amendment request and typically they would not vote on items that require a set number of votes and there are not even that many Council members present. Due to this happening, the applicant requested that the billboard be placed back on the Planning and Zoning Commission. The request was Page 139 of 208 heard at the June 7, 2016 Planning Programming and Zoning Commission meeting, and the request failed on a 3-3 vote. A super majority vote was needed by the City Council for that request, which failed due to opposition from Pancheros Restaurant and Crossroads Mall. The applicant submitted a new site plan in September of 2019 showing the new location of the billboard further away from Pancheros Restaurant and closer to San Marnan at the edge of the parking lot. However, it was discovered that the sign would be within a utility easement and the request was withdrawn. The applicant is now submitting for approval a site plan that shows the proposed billboard being constructed near the northwest portion of the existing building on the site and overhang the roof of that building which allows for the sign to meet all setbacks except the 1000 foot from another billboard, and the site is not in a utility easement. Staff has heard no objection from Pacheros Restaurant or Crossroads Mall. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use Legal Descriptions: Parcel B of Plat of Survey filed in Doc #2006-11650 being a part of the East Half of Section 2, Township 88 North, Range 13, West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa Page 140 of 208 March 3, 2020 REQUEST: Request for a Site Plan Amendment to the "S-1" Shopping Center District to allow for the construction of a 45' tall, 381 SF off -premises billboard at 2010 Sears Street. APPLICANT(S): Lamar Advertising, 5507 Mildred Lane, NE, Cedar Rapids, IA 52402 GENERAL The applicant is requesting to construct the new billboard at DESCRIPTION: 2010 Sears Street, located at the intersection of Sears Street and East San Marnan Drive at the southwest corner of Advanced Auto Parts. SURROUNDING The request to construct the off -premises sign would not LAND USES AND appear to have a negative impact on the surrounding area and IMPACT ON would appear to be similar to other off -premises billboards NEIGHBORHOOD: along the East San Marnan corridor. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site in question is adjacent to CONDITIONS: Sears Street and Crossroads Boulevard, which are classified as Local Streets, as well as East San Marnan Drive, which is classified as a Minor Arterial. There is a short segment of sidewalk along Sears Street at its intersection with East San Marnan Drive; otherwise there is no sidewalk in the vicinity. RELATIONSHIP TO There are no recreational trails within the nearby vicinity of the RECREATIONAL site. It could be looked at adding some pedestrian TRAIL PLAN AND accommodations along East San Marnan Drive and Sears COMPLETE STREETS Street in the future. POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question is zoned "S-1" Shopping Center District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. North — Existing commercial development, zoned "C-2" Commercial District. South — Crossroads Mall, zoned "S-1" Shopping Center District. East — Crossroads Mall, zoned "S-1" Shopping Center District. West — Existing commercial development, zoned "S-1" Shopping Center District. BUFFERS No buffering or screening is required for this request. REQUIRED/ NEEDED: DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area. DEVELOPMENT The area comprises of commercial development constructed HISTORY: from the early 1970s up until present day. FLOODPLAIN: No portion of the area in question is located within a Special Flood Hazard Area as indicated by the Federal Insurance SPA 2010 Sears St — 378 SF Billboard Page 1 of Page 141 of 208 March 3, 2020 PUBLIC /OPEN SPACES/ SCHOOLS: Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0304F, dated July 18, 2011. There are no public open spaces, parks or schools within the nearby vicinity. UTILITIES: WATER, There is 4" drain tile located within both Sears Street and SANITARY SEWER, Crossroads Boulevard. Also, an 8" sanitary sewer is located STORM SEWER, along the southeasterly portion of the property in question in a ETC. 40' easement. RELATIONSHIP The Future Land Use Map designates this area as TO Commercial. The proposed site plan amendment would be in COMPREHENSIV conformance with the Comprehensive Plan and Future Land E LAND USE Use Map for this area. Commercial uses can include retail PLAN: uses, neighborhood commercial uses or professional office uses. STAFF ANALYSIS The applicant is requesting a site plan amendment to the "S-1" — ZONING Shopping Center District to construct a 45' tall, 381.6 SF off - ORDINANCE: premises billboard sign at 2010 Sears Street. The applicant noted that the north face of the billboard will be a digital display and south face will be a normal display that can be replaced. The proposed billboard will be constructed at the south west corner of the Advanced Auto building and be a minimum of 45' from the property line along San Marnan Drive. All billboard sign structures, including the outermost edge of the sign panel must be setback from the immediate abutting street right-of-way line or property line equal to the setback of the underlying zoning district. It should be noted that there is an easement of approximately 43' in width that runs parallel to this property line, so the billboard would need to remain out of this area. The Zoning Ordinance requires that billboard structures shall not be permitted within 1000' of another billboard structure/off- premises sign measured in either direction along both sides of the street which adjoins the billboard structure, measured from the base of the structure to the base of structure regardless of the grade. There are four other off -premises signs within the immediate vicinity, with one of those signs meeting the definition of a "billboard", while the other three signs are constructed to appear as an on -premises signs and were granted variances The nearest billboard sign is approximately 990' to the east at the intersection of East San Marnan Drive and La Porte Road. The proposed billboard is approximately 273' from the Super Target sign, 506' from the Crossing Point sign and 517' from the Hurricane Grill sign. The Board of Adjustment approved variances on February 23, 2016 and April 28, 2015 to have off -premises signage at 2027, Crossroads Boulevard and 1655 East San Marnan Drive to SPA 2010 Sears St — 378 SF Billboard Page 2 of Page 142 of 208 March 3, 2020 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATI ON: advertise adjacent businesses. However, the signage that was constructed in a manner to that is similar to on -premises signage, rather than an off -premises billboard, which is typically constructed with a single monopole design. Staff feels that with the proposed billboard being just under 1,000' at approximately 990' from the nearest true billboard, approval of the proposed billboard would not negatively impact the surrounding area. A similar request came before the commission at the April 5, 2016 Planning, Programming and Zoning Commission meeting, the Commission voted 4-1 to deny the request for site plan amendment to allow for the construction of the new billboard. At the March 1, 2016 Board of Adjustment meeting the request was approved unanimously. However, the Waterloo City Council ultimately denied the Site Plan Amendment request that was required to allow the billboard due primarily to objections from Pancheros restaurant and Crossroads Mall. The applicant submitted a new sight plan in September of 2019 showing the new location of the bill board further away from Pancheros Restaurant and closer to San Marnan at the edge of the parking lot. However, it was discovered that the sign would be within a utility easement and the request was withdrawn. There is no platting required for this request. Therefore, staff recommends that the Request for a Site Plan Amendment to the "S-1" Shopping Center District to allow for the construction of a 45' tall, 381 SF off -premises billboard at 2010 Sears Street be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. SPA 2010 Sears St — 378 SF Billboard Page 3 of Page 143 of 208 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 Proposed Location of Off -Premise Billboard 2010 Sears Street Site Plan Amendment and Special Permit Lamar Advertising Page 144 of 208 Near point of the billboard would be approximately 45' from front lot line, approximately 175' from NE lot line, approximately 47' from SW lot line and approximately 990 feet from our other billboard on the corner of San Marnan and LaPorte Road. The structure is anticipated to be 15' "V" on the open end. Page 145 of 208 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): G./mg / DUB-`t5(Al4 Address:5507 / /j- jr/) GAN /W Phone:3/7-313-586,2— Fax: 31q-3g3-0/0 City: (a,11? API05 State: w4 Zip: 59-4o2-„, b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): 50-70 b 4-Lf�) f A)06 jrygSJ 1/C - Address: -PO ` x, 6 Phone: 3/7 961t' - 6 (.{ ® Fax: City: ed+�2 F/9L-1-5 State: -Z c Zip: so6,13 2. PROPERTY INFORMATION: a. General location of site plan to be amended: o`tbld-- /6) S R S SI. (2l41 Loo . CIS( e ti i� g AP/P0X-• Sao` -reOM 506tTli Coi z.106 Atoll 564WI ilitelA) PRId6 b. Legal description of property or portion to be amended: S AL -TA G1 r c. Dimensions of proposed site plan amendment: $it jr1.1 fS (0r6'"X.4),s outkila, 4€704t 115 d. Area of proposed site plan amendment: / PAEI0, 4 Sli(t-L. ()kJ Pit? t..Ir ft.o j9 4U& e. Current zoning: S-- f. Reason(s) for site plan amendment and proposed use(s) of property: p/•1en 5 1 4,vID LorrIA tna 10 ' Or Pii-j4ez, ®F'.FprzDWI is 3410 g. Conditions (if any) agreed to (does not affect existing conditions unless specified): �-c coNFo?..m 'ra ,4t..4- 0-174EJ 'rZ UL4$ro2S i/Vaw. »i)4j �!7 h. Other pertinent information (use reverse side if necessary): ,&J2i -1-b s1.c' -STATI c� Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date S' ture c Owner ate Page 146 of 208 (Mr 0,) 020 ..0.41. 394 gin N pE. ;.-p§' v_ ti-,• '6-4 .,(1):::A Y4•&' 0'-' 4 eppk,W4 ''':'t 4A. 1!1•14-1z.,:.:40, -6-an -%-- -t..;k!4 aladAUes0h ' cp 4z.,, "' gaii00 ,ziq ; ..-7; 'i§ I •-`. 11 6 i i'' .-- >, ,- i ..-. , Page 147 of 208 • Dimensions for sign at 2010 Sears Street . 36' ► A % 45' ► 24" 10'6x36' Bulletin w 32'0 10 6" ♦ Approx 378 sq ft SCALE 1"=5' Proposed Sign at 2010 Sears Street Page 148 of 208 City of Waterloo Planning, Programming and Zoning Commission April 5, 2016 2010 Sears Street Special Permit Lamar Advertising Page 149 of 208 Special Permit Request — 2010 Sears Street Looking at 2010 Sears Street. The arrow denotes the proposed location of the billboard. Looking at existing commercial development to the northeast of the site in question at 2009 Crossroads Boulevard. Looking at 2010 Sears Street from East San Marnan Drive. The arrow denotes the proposed location of the billboard. LEASE SPACE AY#[CABLE IABB-L&A00 SF FpA INFB CCMFACT 731= Looking at the existing off -premises sign for Crossing Point Plaza, located at 1655 East San Marnan Drive. Page 150 of 208 Special Permit Request — 2010 Sears Street Looking at the existing off -premises sign for Super Target, located at 1503-1527 East San Marnan Drive. Looking at the existing off -premises billboard and Hurricane Grill sign that will soon have off -premises signage upon it, which is located at 2027 Crossroads Boulevard. Page 151 of 208 Page 152 of 208 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $544,971.75, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218, Contract No. 1020, and authorizing the Mayor to execute said document. City Council Meeting: 3/23/2020 Prepared: 3/17/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 3/17/2020 - 11:09 AM Clerk Office Even, LeAnn Approved 3/17/2020 - 12:15 PM ATTACHMENTS: Description Type ❑ Cont 1020_P SA HRGreen Cover Memo SUBJECT: Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $544,971.75, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218, Contract No. 1020, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Summary Statement: See attached agreement for Scope of Services Expenditure Required: not to exceed $544,971.75 Source of Funds: GO Bonds Background Information: Page 153 of 208 HRGreen® PROFESSIONAL SERVICES AGREEMENT For Shaulis Road Preliminary and Final Design Jamie Knutson, P.E. City Engineer City of Waterloo Engineering Dept. 715 Mulberry St, Waterloo, IA 50703 319-291-4312 Aaron D. Granquist, P.E. Project Manager HR GREEN, INC. 8710 Earhart Lane SW, Cedar Rapids, IA 52404 319-841-4326 HR Green Proj #: 190428.02 3/16/2020 Version 2.1 02212019 Page 154 of 208 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 155 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 1 of 8 THIS AGREEMENT is between CITY OF WATERLOO (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The project will consist of: • Preliminary and Final Design of the reconstruction of E. Shaulis Road from the intersection with Hess Rd. to the intersection with Dysart Rd, including six intersections with Hess Rd., Lost Island Access, Isle of Capri Blvd, Lost World Access, Dysart Rd, and US 218. . • Preliminary and Final Design of traffic signal improvements at the intersections of E. Shaulis Road with Lost Island Access, Isle of Capri Blvd., Lost Worlds Access, Dysart Rd., and US 218. • Preliminary and Final Design of 28 reinforced concrete box culverts to better convey floods in the Sink Creek watershed. • Evaluation of the existing bridge over Sink Creek for viability to supplement flood conveyance, extend suitable life span, and provide room for vehicular, bicycle, and pedestrian transportation uses. • Specific tasks as provided in the Scope of Services. 2.0 Scope of Services and Deliverables The CLIENT agrees to employ COMPANY to perform the following services: See Attachment A 3.0 Fee Breakdown and Schedules Included in this Agreement See Attachment B The schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: See Attachment A Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Subconsultants to provide: Version2.1 02212019 Page 156 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 2 of 8 • Topographic, boundary, and structural surveys • ROW acquisition plats • Geotechnical investigation and laboratory analysis 6.0 Client Responsibilities • Facilitate discussions with local stakeholders. • Attend meetings as listed in Attachment A. • Provide available traffic equipment record drawings, condition reports, and replacement preferences. • Provide roadway lighting equipment preferences and record drawings of existing lighting and electrical connections. • Provide Sink Creek bridge record drawings and inspection reports. • Provide Shaulis Road and minor roads record drawings. • Negotiate and acquire ROW as identified and shown in acquisition plats. • Provide maps of City -owned utilities and other assets within the project limits. • Payment of permit application fees and negotiations with property owners for flood easements. 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 157 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 3 of 8 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 OMMITTED 7.6 Payment The CLIENT agrees to pay COMPANY on the following basis: Per current Rate Schedule with a Not -to -Exceed fee of $ 537,127.75 See Attachment B for a fee breakdown. 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care Services provided by COMPANY under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 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. Version2.1 02212019 Page 158 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 4 of 8 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 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. Version2.1 02212019 Page 159 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 5 of 8 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. 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, Version2.1 02212019 Page 160 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 6 of 8 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 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. Version2.1 02212019 Page 161 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 7 of 8 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 8.26 Intentionally Omitted 8.27 Intentionally Omitted 8.28 Intentionally Omitted 8.29 Intentionally Omitted 8.30 Intentionally Omitted 8.31 Soliciting Employment Version2.1 02212019 Page 162 of 208 Agreement Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 8 of 8 Neither party to this AGREEMENT will solicit an employee of the other nor hire or make an offer of employment to an employee of the other that is working on this PROJECT, without prior written consent of the other party, during the time this AGREEMENT is in effect. 8.32 Intentionally Omitted 8.33 Intentionally Omitted 8.34 Intentionally Omitted 8.35 Intentionally Omitted 8.36 Intentionally Omitted 8.37 Municipal Advisor The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this Agreement, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This Agreement is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the Agreement. Services will not begin until COMPANY receives a signed 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. i Aaron D. Granquist Approved by: Printed/Typed Name: Title: ii/d6 Zoe City of Waterloo, Iowa Accepted by: Printed/Typed Name: Title: Mayor Date: 3//G/u Quentin Hart Date: \\hrgreen.com\H RG\Data\2019\190428.02\Admin\Contract\CI ient\PSA-200309-W aterlooShaulisRoad Design.docx Version2.1 02212019 Page 163 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 1 of 13 ATTACHMENT A- SCOPE OF SERVICES The Scope of Services to be performed by the COMPANY will include the services and supplies to complete the following tasks: TASK A - CONTRACT MANAGEMENT 1. Project Administration 1.1 Project Management COMPANY will maintain a system for monitoring progress to allow monthly tracking and invoicing. The COMPANY will prepare and submit monthly email updates summarizing the project status and informing of any unexpected issues. The monthly update will include a list of requested information from the CLIENT with a desired response date noted to avoid delay of the COMPANY's services. 1.2 Monitoring Project Scope and Schedule This task includes the development and tracking of the project plan for the project development. This includes task identification, scheduling, task assignment, relating all tasks to the others, coordination with other members of the project team. The COMPANY will inform the CLIENT of services required which may not be included in the scope of the design services contract approved by the CLIENT for this Project. It will be the responsibility of the COMPANY to make the CLIENT aware of any potential amendments to the contract before the services are rendered. This notice must occur prior to any extra services being performed. Only those services approved by the CLIENT are eligible for compensation. If design work is not progressing in a manner to comply with the anticipated completion date, the COMPANY will provide a brief summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. 1.3 Invoice Preparation and Processing The COMPANY will prepare and review monthly billings for accuracy before submittal to CLIENT. Work with CLIENT finance representatives to correct any discrepancies. 1.4 Internal Team Meetings The COMPANY will conduct internal coordination meetings to ensure contractual requirements are met and facilitate a collaborative environment for project success. Meetings are assumed to occur every week during design phase and include the project manager, task leads, and select individuals. 1.5 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 2. Project Coordination 2.1 Project Review Meetings The COMPANY will meet with the CLIENT to review progress and to discuss specific elements of the project. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision -making process, and expedite concept development. The COMPANY will prepare minutes of the meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the COMPANY. A-1 Page 164 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 2 of 13 The following meetings are included with the scope of work: • Kickoff Meeting • Preliminary Design Review • Final Design Review • CLIENT Council Presentation Preparation 2.2 Public Involvement The COMPANY will conduct one (1) public informational meeting (PIM). The presentation will provide a brief overview of the results of the previous hydraulic and traffic operations studies, then describe the project details and construction schedule. It is anticipated this PIM will occur near the end of the design phase. 2.3 CLIENT Council Presentations The COMPANY will make two (2) presentations to CLIENT Council. The first will provide a brief overview of the results of the previous hydraulic and traffic operations studies. Another presentation will be provided near the end of the design phase to describe the project details and construction schedule. TASK B — SURVEYING SERVICES The COMPANY will contract with a licensed surveyor to provide the items in Task B. 1. Control Surveys The COMPANY will establish horizontal and vertical control for the Project area in accordance applicable standards. Each permanent control point or benchmark will have horizontal coordinates or elevation, and will provide monument tie notes including monument descriptions. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. Horizontal control will be in state -plane coordinates and vertical control per USGS datum. COMPANY will provide sufficient control for construction. If it is determined by the CLIENT that control is insufficient, the COMPANY will add control points. 2. Topographic Surveys Perform topographic survey within the project limits, including centerline, edge of pavement, back of curb, gutter, concrete, sidewalks, pathways, driveways, buildings, fences, landscape edges, retaining walls, bridges, culverts, and other surface features/visible improvements. Survey ground shots to produce 1-foot contours. Survey vegetation 4-inch diameter and larger and outline thickly wooded areas. Survey utilities, including water, sanitary, storm, and private utility infrastructure. Set control points for construction. 3. Boundary Surveys The COMPANY will determine the location of existing Right -of -Way (ROW) and identify property owners adjacent to the project. This task consists of researching record documents at the CLIENT and County and locating existing monumentation (including, but not limited to, property pins, government corners, and other monuments) along the corridor. All found monuments will be shown on the H sheets in contract drawings. 4. Acquisition Documents The bullets below include the estimated number of acquisition documents. The COMPANY will provide 3 signed copies of each. • ROW (fee title; plat signed by an LS) — up to 4 total • Temporary easement (exhibit; no signature required) — up to 12 total If additional plats or exhibits are needed beyond what is in the bullets above, this will be considered extra A-2 Page 165 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 3 of 13 work and completed by amendment. Plats showing individual right of way acquisitions will comply with requirements of Iowa Code Section 354.4. Staking of proposed ROW and/or easements will be provided for all said locations during the acquisition TASK of the project. Utilize Iowa DOT -style symbols when preparing ROW and property boundary exhibits for use during design and easement acquisitions. In the event the plats, exhibits and/or PIDs are found to be in error, these will be rectified by the COMPANY without expense to the CLIENT. The COMPANY will give immediate attention to any changes so there will be a minimum of delay. TASK C — GEOTECHNICAL SERVICES The COMPANY will contract with a licensed geotechnical COMPANY to perform the tasks described in Task C 1. Field Investigation 1.1 Roadway Borings Conduct soil borings at eleven (11) locations along the proposed roadway and trails alignments to depths of 10 feet or auger refusal. Observe and record groundwater levels. Prepare boring logs. 1.2 Structural Borings Conduct soil borings at two (2) locations, upstream and downstream ends of proposed box culverts, to depths of 25-30 feet or auger refusal. Observe and record groundwater levels. Prepare boring logs. 2. Administration and Analysis 2.1 Geotechnical Administration Coordinate communications, responsibilities, schedule and budget information and other elements for the project with geotechnical sub -COMPANY. Establish a detailed project scope and project schedule indicating critical dates, milestones, and deliverables. 2.2 Laboratory Testing and Report Perform laboratory testing on collected samples to characterize and evaluate site conditions and develop engineering recommendations. Prepare a geotechnical engineering report with: • General site and project descriptions • Boring logs with field and laboratory data • Stratification based on visual soil and rock classification • Groundwater levels observed during and after the completion of drilling • Site and boring location plans • Subsurface exploration procedures • Description of subsurface conditions • Subgrade preparation/earthwork recommendations A digital PDF copy of the geotechnical report will be included in the Project Manual and given to the CLIENT. TASK D — BRIDGE EVALUATION The existing bridge structure carrying Shaulis Road over Sink Creek is a 3-span continuous concrete slab bridge with a roadway width of 44 feet. This roadway layout includes 2-12 foot lanes and 2-10 foot shoulders. This bridge evaluation study will consider various options to accommodate a multi -use path as well as two vehicular traffic lanes at this location. 1. Bridge Evaluation HR Green will visit the bridge site and evaluate the areas identified as needing repair in the Structure Inventory Rating Inspection reports provided by the CLIENT. Visual evaluation only and non-destructive A-3 Page 166 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 4 of 13 testing procedures will be used to assess these areas. 2. Findings Memo Recommendations for the rehabilitation of these areas to best meet the CLIENT's needs will be identified and described within the technical memorandum. 3. Hydraulics Review and Scour Analysis Previous hydraulic analysis, completed by HR Green, will be used to approximate adequate scour protection measures, if needed. 4. Evaluate Multiuse Path Alternatives HR Green will perform conceptual design services including the preparation of concept design details depicting the proposed multi -use path and bridge modifications to widen or replace the existing bridge. Coordination with roadway construction regarding potential options for temporary traffic control during construction. It is assumed the following four options will be investigated: a) Bridge widening with substructure units on one side of the bridge. b) Complete bridge replacement. c) Independent pedestrian bridge adjacent to the existing structure. d) Accommodate multiuse path on existing bridge deck. 5. Rehabilitation Recommendations During conceptual design we will review existing bridge plans and bridge sufficiency reports provided by the CLIENT. HR Green will prepare Opinions of Probable Cost (OPCs) for rehabilitation recommendations and feasible multiuse path options. 6. Final Technical Memorandum The deliverable will be a "Bridge Concept Study Technical Memorandum" that explains the concept alternatives listed above with associated costs and HR Green's recommended alternative. Exclusions: The following items are excluded from this technical memorandum: • Load Rating • Structural analysis of existing or proposed structures • Materials testing • Additional hydraulic analysis for proposed structures TASK E — CLOMR & LOMR PREPARATION The CLIENT intends to make several improvements to Shaulis Road, including decreasing the frequency that the road is flooded. Currently, Shaulis Road is overtopped by Sink Creek floods once or twice a year, making travel hazardous, limiting access of emergency vehicles, and disrupting access to areas businesses. Preliminary engineering analysis indicate that a higher roadway profile and a larger bridge opening are needed to increase the roadway level of protection. The combined improvements will cause a slight rise of the 100-year base flood elevation, therefore, a Conditional Letter of Map Revision is required (CLOMR) as well as an eventual Letter of Map Revision (LOMR). 1. Iowa DNR Coordination Meet with Iowa Department of Natural Resources as part of the pre-CLOMR application process. 2. Hydrologic and Hydraulic Documentation (HEC-HMS HEC-RAS, GIS) Document previously completed hydrologic computations (HEC-HMS) and previously completed floodplain A-4 Page 167 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 5 of 13 delineation (HEC-RAS and GIS Mapping) prepared during feasibility analysis for Shaulis Road improvements; 3. Floodway Delineation and Easements Prepare and document a floodway delineation based on the hydraulic analysis recently completed for the feasibility analysis for Shaulis Roadway improvements; prepare flood easement documents. 4. Public Notification Prepare and coordinate public notification for the floodplain and floodway changes. 5. CLOMR Preparation Prepare and package CLOMR application (MT forms, check for fee, applications narratives (Form 1, Hydrology-Form2a, Hydraulics -Form 2b, Mapping -Form 2c, Comments -Form 2d, Roadway -Form 3, Models). Make submittals to Iowa Department of Natural Resources and Federal Emergency Management Agency and respond to their questions and comments. 6. LOMR Preparation Provide As -built survey and certification. Package, monitor, and revise LOMR & Quality Control. TASK F — CULVERT DESIGN The project includes the up to twenty-eight (28), 10' span X 4' depth, reinforced concrete box culverts (RCBs) to be installed under E. Shaulis Road to convey floods associated with Sink Creek. Depending on the viability of the existing bridge over Sink Creek, the number of RCBs constructed may be reduced. For budgeting purposes, the assumed number of RCBs to be designed is 28. 1. Preliminary Plans (60%) Complete preliminary design of RCBs consistent with Iowa DOT Bridges and Structures Bureau guidelines. Design will be presented as Type, Size, and Location Plats (TS&Ls) with a scale of 1" = 20' printed half-size (11X17 drawings resulting in a print scale of 1" = 40'). Iowa DOT Pink Sheets Access Data Base (.ddb) file will not be required or included. RBCs and End Sections will match Iowa DOT precast standards and will have approximately 3 inches of space between them that are filled with flowable mortar. RCBs and End Sections will be arranged for 30-degree skew angle. Sheets will be included in the V sheets as described in other portions of this document. Opinion of Cost information will be included with other project items. 2. Check and Final Plans Finalize the design of RCBs consistent with Iowa DOT Bridges and Structures Bureau guidelines. TS&Ls will be supplemented with General Notes, Estimate of Project Quantities, Estimate Reference Information, Design Values, and Special Details. Sheets will be included in the V sheets as described in other portions of this document. Opinion of Cost information will be included with other project items. TASK G — ROADWAY DESIGN 1. Plans Configuration The following Sheet Numbering System should generally be followed for this project. A.01 Title Sheet — to include: Project Title "Location -From -To -Description of Work"; contract number; CIP funds used for this project; location map; index of sheets; City department signature block(s); City of Waterloo, IA; council/mayor names; bid date; Name, logo and phone number of A-5 Page 168 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 6 of 13 engineering COMPANY; engineer's certification block(s); Iowa One Call logo; "The proposed improvements included in these drawings have been designed in accordance with the 2020 version of the Iowa Statewide Urban Design and Specifications Manual (SUDAS). Exceptions are shown on Sheet A.02." A.02 Legend(s), design info (speed, ADT, classification, etc.), design exceptions A.03 Utility Contacts, General Utility Notes, General Notes B.01 to B.X Typical sections and Pavement -related Details C.01 List of Standard Details, List of Tabulations C.02 to C.X Quantities, Estimate Reference Information (for every pay item), Tabulations D Sheets Mainline Plan and Profile E Sheets Side Streets Plan and Profile G Sheets Survey Information H Sheets Right of Way and Easement Information J Sheets Temporary Traffic Control and Staging Details L Sheets Pavement Jointing and Staking Details M Sheets Storm Sewer, Sanitary, and Water Main Plan and Profile N Sheets Permanent Traffic Control (Signals, Markings, Signs) {See details under Task H below} R Sheets Erosion and Sediment Control (SWPPP) S Sheets Sidewalk and ADA Curb Ramps (includes compliance tables) U Sheets Design Detail Sheets, Modified Standards V Sheets Culvert Situation Plans W Sheets Mainline Cross Sections X Sheets Side Street Cross Sections 2. Preliminary Plans (60%) 2.1 Plan Preparation Upon completion of this task, the design plans will be approximately 60% complete. The submittal of Preliminary Plans will be completed on or before the date listed in the contract schedule. The following specific design items are to be included: • Pavement reconstruction limits and vertical alignment adjustments • Layout of multi -use path and intersection sidewalks, including ADA compliant ramps • Roundabout layout at Shaulis Rd. and Hess Rd. intersection • Culvert design as described in Task F Preliminary Plans will be completed to provide the CLIENT the level of detail necessary to evaluate and budget for ultimate project improvement goals and define property owner impacts. Acquisition documents for temporary easements and permanent ROW will be provided to the CLIENT at the end of this task. 2.2 Opinion of Probable Construction Cost The COMPANY will prepare an opinion of probable construction cost for the Project. The cost estimate will be based on representative major project elements and recent bid information. The COMPANY will budget A-6 Page 169 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 7 of 13 and review bid items and quantities for each CLIENT CIP number associated with the Project. 2.3 Quality Control Review Involve ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of preliminary plans and documents for each project segment. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the preliminary plan set to the Project Team. 2.4 Iowa DOT Review The 60% plans will be provided to Iowa DOT to go through their complimentary roundabout design review service. The review will aide in the plan design, identify needed adjustments to minimize potential property impacts and confirm the proposed staging plans. Revisions will be noted for preparation of the final design. 2.5 Field Exam A Field Exam will be held with the Project Development Team to discuss key issues and design concepts, with the main emphasis focused on access control and traffic control/stage construction. The review will inform the completion of the plan design, identify needed adjustments to minimize potential property impacts, and confirm the proposed staging plans. Revisions will be noted for preparation of the final design. 2.6 Deliverables • Electronic set of 60% plans • Cover sheet with designer initials and reviewer initials after completion of Quality Control • Cost Opinion 3. Check Plans (90%) After written approval from the CLIENT of the Preliminary Plans developed under earlier tasks, the COMPANY will proceed with the development of Check Plans. Upon completion, the design plans will be approximately 90% complete. It is assumed that no geometric revisions to the roadway design will occur after the start of the development of the check plans. 3.1 Incorporate Comments from Preliminary Plan Review The COMPANY will respond to comments resulting from CLIENT Intermediate Plan Review. Recommended modifications will be incorporated into the plan set. 3.2 Develop Tabulations and Estimate Reference Information The COMPANY will complete tabulations for individual bid items, the Estimate of Project Quantity (EPQ) tabulation, and the Estimate Reference Information (ERI) tabulation in accordance with SUDAS requirements. Minor additions and/or revisions to SUDAS will be handled with ERI notes, where applicable. 3.3 Preparation of Special Provisions The COMPANY will prepare special provisions for the project for significant additions and/or revisions to SUDAS. 3.4 Opinion of Probable Construction Cost The COMPANY will prepare an opinion of probable construction cost for the Project. The cost estimate will be based on representative major project elements and recent bid information. The COMPANY will budget and review bid items and quantities for each CLIENT CIP number associated with the Project. 3.5 Prepare Draft Project Manual The COMPANY will prepare a draft project manual that contains standard bidding forms, supplementary conditions, special provisions, technical specifications, and geotechnical report as required by the CLIENT. A-7 Page 170 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 8 of 13 3.6 Quality Control Review Involve ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of plans and documents for each project segment including roadway and traffic phasing. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the check plan set to Quality Review person(s). Review the check plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. The COMPANY will be responsible for providing an internal review of materials prior to submittal to the CLIENT. 3.7 Deliverables • Electronic set of 90% plans • Cover sheet with designer initials and reviewer initials after completion of Quality Control • Electronic copy of CLIENT 60% design comments and how each comment was addressed • Cost Opinion • Draft Special Provisions • Draft Project Manual • Notice of Intent and Public Notice for NPDES permit 4. Final Plans (100%) After written approval from the CLIENT of the Check Plans developed under earlier tasks, the COMPANY will proceed with the development of Final Plans for the project. Upon completion, the design plans will be approximately 100% complete. 4.1 Incorporate Comments from Check Plan Review COMPANY will respond to comments resulting from the Check Plan Review. Recommended modifications will be incorporated into the final plan set. This task also includes final modifications of Special Provisions. 4.2 Opinion of Probable Construction Cost Finalize the Engineer's Opinion of Construction Cost for the project. Final cost opinion will include detailed quantity takeoffs for all project elements. Published cost opinion should be rounded to the nearest $1,000. 4.3 Finalize Project Manual Under this task, the COMPANY will finalize the project manual specific to the construction requirements for the Project. 4.4 Quality Control Review Involve ongoing quality control input from the Project Team and the design engineer's senior technical staff throughout the development of plans and documents for each project segment including roadway and traffic phasing. The design engineer is responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the final plan set to Quality Review person(s). Review the final plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. The COMPANY will be responsible for providing an internal review of materials prior to submittal to the CLIENT. A-8 Page 171 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 9 of 13 TASK H — TRAFFIC CONTROL DESIGN The project entails improvements to the E Shaulis Road corridor between Hess Road and US 218, described generally as follows: • The COMPANY will provide traffic signal design and plans for the permanent traffic signals at the five (5) intersections listed below: o E Shaulis Road & Lost Island Waterpark o E Shaulis Road & Isle of Capri Boulevard o E Shaulis Road & Lost Worlds Amusement Park o E Shaulis Road & Dysart Road o E Shaulis Road & US 218 • It is anticipated that these plans will include: o Installation of new traffic signal equipment at the intersection of E Shaulis Road & Lost Island Waterpark; o Modification of the existing traffic signal system and the installation of new traffic signal equipment (as necessary) at the intersection of E Shaulis Road & Isle of Capri Boulevard to accommodate potential intersection geometric updates; o Installation of new traffic signal equipment at the intersection of E Shaulis Road & Lost Worlds Amusement Park; o Modification of the existing traffic signal system and the installation of new traffic signal equipment at the intersection of E Shaulis Road & Dysart Road to accommodate the dual left turn lane movement. o Fiber interconnect from E Shaulis Road & Lost Island Waterpark to E Shaulis Road & US 218. o Modifications to the advanced warning beacons located on US 218 to provide physical connection into existing traffic signal equipment • Preliminary traffic signal timing plans will be developed by the COMPANY. 1. Preliminary Traffic Signal Design The COMPANY will perform a site review to verify existing infrastructure and assure acquired topographic base CAD file information matches existing infrastructure (i.e. curb lines, medians, etc.). This site visit will review actual conditions in the field to improve the accuracy, thoroughness, and constructability of the design and plans. It is anticipated that the site visit will be held after some initial progress has been made in the development of the design. The site review will consist of a visual level review of existing conditions, including items such as existing overhead utility lines, potential power source location, signage, crosswalks, lighting, vegetation, pavement, sidewalks and adjacent land uses. The COMPANY will prepare preliminary traffic signal plans for the subject intersections. The preliminary plans will include: title sheet, general notes sheet, traffic signal layout sheet, conduit layout sheet, and traffic signal detail sheets. The traffic signal layout will include location of traffic signal poles, controller cabinet, proposed power service, conduit, and handholes. The traffic signal plans will be based on topographic CAD files collected during the survey task. The traffic signal design will be based on the following assumptions: • The form of vehicle detection is anticipated to be video detection at intersection approaches and inductive loop for advanced detection; • It is anticipated that a new traffic signal cabinet/controller will be installed at new traffic signal locations; • It is anticipated that a new power service connection (quadrant to be determined) will be identified as necessary; o Existing power service connection will be utilized where available; • New traffic signal related cabling/wiring, conduits, and handholes will be installed as part of this project A-9 Page 172 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 10 of 13 where necessary; • Existing traffic signal related cabling/wiring, conduits, handholes will be removed/abandoned as necessary; • New stock equipment will be used for proposed equipment; • Combination traffic signal/light poles will be used — including both traffic signal head mast arm and luminaire mast arm — Pole style/finish consistent with proposed aesthetics of corridor. • Emergency vehicle preemption type and other equipment types consistent with CLIENT's existing traffic signal systems will be used for the traffic signal design. • It is anticipated that interconnect design will be provided along the E Shaulis Road corridor beginning at the project boundary in the west, and providing a link between the intersections of Lost Island Waterpark (western extent) to US 218 (eastern extent). o The interconnect design will consist of design of conduit/handhole routing to/from traffic signal cabinets along the project corridor(s). The design will include the installation of fiber optic cable, tracer wire, and pull rope within dedicated 2" or 3" conduit pathway. o The interconnect design will be at the outside plant fiber optic cable level and will not include the routing/splicing/design of individual optical fibers but the CLIENT's available standard designs, if any, will be used. o It is anticipate that radio link back to the City Traffic Operations Center (TOC) will continue to be utilized to provide communications from the TOC to the traffic signal systems along E Shaulis Road. ■ It is understood that video transmission from installed video cameras along E Shaulis Road may not be optimal and that the a future/other project to provide direct fiber optic cable connection should be programmed by the City. o It is anticipated that the City will implement the Adaptive Traffic Control System software to the corridor and integrate the E Shaulis Road corridor traffic signal systems into the TOC system as part of a future/other project. The signal design will also include the removal of and installation of supplemental traffic signs as part of the traffic signal system. This includes but is not limited to street name signs, turn arrow plaques, and pedestrian signs. The preliminary plans will include: title sheet, estimate reference notes, general notes sheet, traffic signal removal sheet, traffic signal layout sheet, conduit layout sheet, and traffic signal detail sheets. The traffic signal layout will include location of traffic signal poles, controller cabinet, conduit, and handholes. The traffic signal plans will be based on available CAD file background information. The traffic signal wiring diagram, traffic signal quantities, and recommended traffic signal timings will not be completed as part of the 60% submittal. The following sheets are anticipated: C.01 — Estimate Reference/Estimated Project Quantities C.02 — Estimate Reference/Estimated Project Quantities N.01 — Traffic Signal Notes and Abbreviations Sheet N.02 — Legend and List of Bid Items Sheet N.03 — E Shaulis Road & Lost Island Waterpark Traffic Signal Layout Sheet N.04 — E Shaulis Road & Lost Island Waterpark Traffic Signal Wiring Diagram N.05 — E Shaulis Road & Isle of Capri Boulevard Traffic Signal Layout Sheet N.06 — E Shaulis Road & Isle of Capri Boulevard Traffic Signal Wiring Diagram N.07 — E Shaulis Road & Lost Worlds Amusement Park Traffic Signal Layout Sheet A-10 Page 173 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 11 of 13 N.08 — E Shaulis Road & Lost Worlds Amusement Park Traffic Signal Wiring Diagram N.09 — E Shaulis Road & Dysart Road Traffic Signal Removal Sheet N.10 — E Shaulis Road & Dysart Road Traffic Signal Layout Sheet N.11 — E Shaulis Road & Dysart Road Traffic Signal Wiring Diagram N.12 — E Shaulis Road & US 218 Traffic Signal Layout Sheet N.13 — E Shaulis Road & US 218 Traffic Signal Wiring Diagram N.14 - N.15 — Traffic Signal Communication Interconnection Sheets N.16 - N.20 — Traffic Signal Quantities Sheet N.21 — Traffic Signal Details N.22 — Traffic Signal Details The CLIENT's standards and specifications will be used for the permanent signal equipment such as signal poles, controllers, cabinets, interconnect, vehicle and pedestrian detection, emergency vehicle pre-emption, conduit, pull boxes and wiring. It is anticipated that the Statewide Urban Design and Specifications (SUDAS) documents including specifications (Standard Specification 8010) and details will be used as necessary to complement the CLIENT's standards as specifications. The COMPANY will prepare the project special provisions for the proposed traffic signal system. Specifications are subject to the non-proprietary requirements associated with federal and state funding. If it becomes necessary, this project may require special provisions and a "Public Interest Findings" (PIF) memorandum, which will be developed by the CLIENT. The COMPANY will forward the completed preliminary permanent traffic signal plans to the appropriate jurisdictional authority for review and comment. 2. Final Traffic Signal Design The COMPANY will incorporate the preliminary review comments received and will prepare Final Plans for submittal. The sheet count assumed for the final traffic signal design is the same as the preliminary traffic signal design listed previously. The COMPANY will develop an engineer's opinion of probable construction cost for the intersections traffic signal improvements. TASK I — LETTING TASK The work tasks to be performed or coordinated by the COMPANY during the Letting TASK are based on a bid letting for one project and will include the following: 1. Plan Clarification and Addenda The bid letting will be administered by the CLIENT. The COMPANY will assist the CLIENT during the bid periods in answering questions regarding the design intent. The COMPANY will address questions presented by the CLIENT and contractors, and prepare addenda for distribution by the COMPANY. 2. Recommendation of Award The COMPANY will review the bids for each project following the public openings and provide the CLIENT with recommendations of award, in letter format, regarding the construction contract. A-11 Page 174 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 12 of 13 3. Virtual Plan Room The COMPANY will host electronic PDF versions of the construction documents and provide access to contractors. DELIVERABLES: • Meeting Agendas and Minutes (pdf format) • Bridge Concept Study Tech Memo (pdf format) • Preliminary (60%) Plans (pdf format) • Check Plans (90%) and Draft Project Manual (pdf format) • Final Plans (100%) and Project Manual (1 hard copy & pdf format) • Memos documenting CLIENT and IDOT review comments at each submittal, where appropriate (pdf format) ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the COMPANY will furnish or obtain from others the following services: • Landscaping Design • Bridge Modifications Design • Pedestrian Bridge Design • Traffic Modelling or Forecasting • Traffic Counting • Adaptive Traffic Control System (ATCS) Services • Fiber Optic Splice Design Services • Construction Phase Services A-12 Page 175 of 208 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 13 of 13 ATTACHMENT B - FEE AND SCHEDULE PROFESSIONAL SERVICES FEE: TASK A: Contract Management TASK B: Surveying Services TASK C: Geotechnical Services TASK D: Bridge Evaluation TASK E: CLOMR & LOMR Preparation TASK F: Culvert Design TASK G: Roadway Design TASK H: Traffic Control Design TASK I: Letting Phase HRG Labor $ 69,553.00 $ 4,910.00 $ 380.00 $ 17,640.00 $ 30,066.00 $ 58,340.00 $ 199,690.00 $ 83,320.00 $ 15,220.00 HRG Expenses $ 241.50 $ .00 $ .00 $ 103.50 $ .00 $ .00 $ .00 $ 167.75 $ .00 Subconsultants $ 2,090.00 $ 41,690.00 $ 17,050.00 $ .00 $ 4,510.00 $ .00 $ .00 $ .00 $ .00 Extension $ 71,884.50 $ 46,600.00 $ 17,430.00 $ 17,743.50 $ 34,576.00 $ 58,340.00 $ 199,690.00 $ 83,487.75 $ 15,220.00 $ 479,119.00 $ 512.75 $ 65,340.00 $ 544,971.75 SCHEDULE: The scope of Services will be completed in accordance with the following schedule unless modified by mutual agreement or by factors influenced by the COVID-19 pandemic, or other factors beyond the control of the COMPANY. It is further assumed that City review at the Preliminary Plans and Check Plans milestones will take no longer than 7 business days. Minor deviations from the schedule due to unforeseen circumstances is likely and not grounds for non-compliance. Milestone / Task Duration Milestone / Completion Date Council Approval / Notice to Proceed N/A 03/23/2020 Surveying / Geotechnical Field Work 5 weeks 04/24/2020 Preliminary Design Phase — Plans and Acquisition Plats' 6 weeks 05/15/2020 ACOE Section 404 permit review2 1— 3 months 07/17/2020 IDNR Section 401 permit review 1— 3 months 07/17/2020 Waterloo floodplain permit review3 1— 3 months 07/17/2020 Final Design Phase — Check Plans 6 weeks 07/17/2020 Final Design Phase — Bid Documents 3 weeks 07/31/2020 Letting Phase — Bid Preparation / Opening 4 weeks 08/21/2020 Letting Phase — Contract Award N/A 09/14/2020 Construction Phase — Early Start Date N/A 09/28/2020 Construction Phase —Substantial Completion 14 months 11/30/2021 1. Assumes CLIENT will have from mid -February to late May to start and finalize real estate acquisitions. 2. Initial wetland investigations support eligibility for a transportation regional general permit with impacts below 1.0 acre 3. Assumes delegation of floodplain development permit to City of Waterloo A-13 Page 176 of 208 CITY OF WATERLOO Council Communication Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with Dolly James 2, LLC, and Hi Yield, LLC, originally approved on September 8, 2015, re -assigning the agreement to 6 Comm Properties, LLC, adjusting completion dates and Minimum Assessment Agreement dates, include additional property with the agreement, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/23/2020 Prepared: 3/18/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Even, LeAnn Approved 3/18/2020 - 2:25 PM ATTACHMENTS: Description Type Fa 6 Comm Amendment to DA Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving Amendment to Development Agreement and Minimum Assessment Agreement with Dolly James 2, LLC, and Hi Yield, LLC, originally approved on September 8, 2015, re -assigning the agreement to 6 Comm Properties, LLC, adjusting completion dates and Minimum Assessment Agreement dates, include additional property with the agreement, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval of request The property in question was acquired for $102,000 (assessed value) in February 2013 and demolished due to its dilapidated state. This project would be in accordance with the redevelopment goals of the Downtown Master Plan for bringing additional residential opportunities to Downtown Waterloo. The project would start construction by summer of 2020, to allow the developers time to apply for State assistance, as well as final design work. NA NA Economic Development and Downtown Revitalization NA The City of Waterloo has been working to actively gain new multi -story Page 177 of 208 Background Information: Legal Descriptions: residential developments in and near Downtown Waterloo to bring more residents, visitors, and attractions to Downtown Waterloo. This Development Agreement is structured similar to the Development Agreement that was approved for the former Grand Hotel, in terms of tax incentives, and sale of property. The City acquired the site for $102,000 (assessed value) and demolished the building upon the site. This project, at $2,500,000 -- with the tax rebates at 42%, would still pay an estimated $34,000 in taxes the first year. The former building removed from the site, assessed at $102,000 would have been paying about $4,000 per year in taxes. Plus, this project will open up another 30 units in Downtown Waterloo, potential commercial business as well, bringing additional visitors, residents, commerce, and new construction to Downtown Waterloo. Lot No. 70 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, except that part thereof lying Southeasterly of the center line of the party wall erected between Lot Nos. 69 and 70. AND Part of Lot Nos. 31 and 32 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, commencing at the most Westerly corner of Lot No. 31, thence Northeasterly along the Southeasterly right of way line of West Sixth Street a distance of 43. 7 feet; thence Southeasterly to a point on a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32, which point is 55 feet Northeasterly of the Southwesterly line of Lot No. 32; thence Southeasterly along said parallel line 55 feet to the Southwesterly line of Lot No. 32; thence Northwesterly along the Southwesterly line of Lots 32 and 31 to the point of beginning. AND That part of the vacated alley in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, that lies Northwesterly of the Southwesterly extension of a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32 in said Fractional Block No. 14. Page 178 of 208 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234.5701 Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of 2020 by and among Dolly James 2, LLC (the "Company"), Hi Yield, LLC (the "Affiliate"), 6 COMM Properties, LLC (the "Transferee") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company, Affiliate and City are parties to that certain Development Agreement dated September 8, 2015 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" and adjoining land (the "Affiliate Property") described on Exhibit "B" to the DA. Company, Affiliate and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to the Property and the Affiliate Property, dated as of the same date. The DA and MAA have been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2016-9121. The parties desire to include additional land (the "New Property") within the Project area and to otherwise amend the DA and the MAA 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. Within 60 days after approval of this Amendment by the City Council of the City of Waterloo, Company and Affiliate will deed the Property and the Affiliated Property to Transferee. Effective upon delivery to Transferee of a property executed deed, the DA and the MAA shall be automatically amended to remove Company and Affiliated from the Agreement and to substitute Transferee in place thereof. Thereafter, Company and Affiliate shall have no further duties under the Agreement, and Page 179 of 208 Page 2 Transferee shall be solely responsible to discharge all duties of Company and Affiliate thereunder, as well as any additional duties provided for in this Amendment. 2. Exhibit "A" of the DA and of the MAA is hereby stricken and the attached Exhibit "A" is substituted in place thereof. The effect of such amendment is to add the New Property to the Property already described in Exhibit "A". The parties agree that all references in the DA and the MAA to the Property shall include the New Property. 3. Following City council approval of this Amendment and of the sale and conveyance of the New Property to Transferee for the sum of $1.00, City will convey the New Property to Transferee on the same terms as are set forth in Section 1 of the DA, reserving an easement in favor of City and the public for use of an existing recreational trail that is located over and upon the New Property and for rights of reasonable access to said trail for purposes of inspection, maintenance, repair, replacement and removal, and further reserving an easement for any existing public utilities located in or beneath the vacated alley. If said recreational trail is damaged by Transferee, its employees, contractors or agents, during the Project, then Transferee agrees that it shall promptly repair such damage. If Transferee fails to do so within 60 days after written demand by City, City may undertake such repair and charge the cost thereof to Transferee, with interest to accrue at the rate of 6% per annum, compounded monthly, on any balance of such cost and expense that is not remitted to City within 30 days after billing. 4. Section 3 of the DA is amended to strike the last sentence of the first paragraph thereof and to substitute the following new sentence in its place: "Company and Affiliate or Transferee must obtain a building permit and begin construction by August 31, 2020 and substantially complete construction within fourteen (14) months thereafter." 5. The DA is hereby amended to strike the first sentence from Section 9 and to substitute the following new sentence in its place: "Provided that Company and Affiliate or Transferee have completed the Improvements as set forth herein and have executed the Minimum Assessment Agreement as set forth in Section 8, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Twenty 75% rebate each year for any taxable value over the January 1, 2019 value of the Property, the Affiliate Property, and the New Property." 6. Section 1 of the MAA is amended to strike "December 31, 2017" therefrom and to substitute "October 31, 2021" in place thereof. 7. Section 2 of the MAA is amended to strike "December 31, 2047" therefrom and to substitute "December 31, 2051" in place thereof. Page 180 of 208 Page 3 8. Except as modified herein, the DA and MAA shall continue unmodified in full force and effect, including personal guaranties. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA, as applicable. The DA, MAA, 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 and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DOLLY JAMES 2, LLC HI YIELD, LLC By: By: Quentin M. Hart, Mayor Brent Dahlstrom, Manager Attest: 6 COMM PROPERTIES, LLC Kelley Felchle, City Clerk B • Brent Dahlstrom, Manager Page 181 of 208 EXHIBIT "A" Legal Description of Property (including New Property) Lot No. 70 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, except that part thereof lying Southeasterly of the center line of the party wall erected between Lot Nos. 69 and 70. AND Part of Lot Nos. 31 and 32 in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, commencing at the most Westerly corner of Lot No. 31, thence Northeasterly along the Southeasterly right of way line of West Sixth Street a distance of 43.7 feet; thence Southeasterly to a point on a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32, which point is 55 feet Northeasterly of the Southwesterly line of Lot No. 32; thence Southeasterly along said parallel line 55 feet to the Southwesterly line of Lot No. 32; thence Northwesterly along the Southwesterly line of Lots 32 and 31 to the point of beginning. AND That part of the vacated alley in Fractional Block No. 14, Original Plat on the West Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa, that lies Northwesterly of the Southwesterly extension of a line that is parallel to and 2 feet Northwesterly of the Southeasterly line of Lot No. 32 in said Fractional Block No. 14. Page 182 of 208 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with 3 Stooges, LLC of to allow earth -moving activities in preparation of development of the site south of 1246 Martin Road., and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 3/23/2020 Prepared: 3/20/2020 REVIEWERS: Department Planning & Zoning ATTACHMENTS: Description ❑ Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Reviewer Felchle, Kelley Action Approved Type Backup Material Date 3/20/2020 - 4:30 PM Resolution approving an Early Access Agreement with 3 Stooges, LLC of to allow earth -moving activities in preparation of development of the site south of 1246 Martin Road., and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve document 3 Stooges, LLC would like to begin work on a development site located south of 1246 Martin Road. As a part of the project the City will be entering into a development agreement and deeding over a portion of land to them to allow them to construct two new commercial buildings. The early access agreement will allow for them to begin earth moving activities and prep work for their project. None NA Strategic goals 1, 2, and 4 for economic development of the area. Not approve Lot 2, except the North 250 feet thereof, Brock Third Addition, City of Waterloo, Black Hawk County, Iowa. Page 183 of 208 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of , 2019, by and between the City of Waterloo, Iowa ("City"), and 3 Stooges, LLC (the "Company"). WHEREAS, City and Company are finalizing the terms of a development agreement concerning a project to be undertaken by Company on certain real property described or depicted on Exhibit "A" attached hereto (the "Property"), located in the Martin Urban Renewal and Redevelopment Plan Area, and WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to surveying, grading and bringing fill dirt onto the property. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 184 of 208 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 3 Stooges, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 2 Managing Member Page 185 of 208 EXHIBIT "A" Legal Description of Property Lot 2, except the North 250 feet thereof, Brock Third Addition, City of Waterloo, Black Hawk County, Iowa. Page 186 of 208 CITY OF WATERLOO Council Communication An Ordinance amending the City of Waterloo Traffic Code by amending (45) E. Fourth Street to Section 553, No Parking Here To Comer, by deleting said Subsection (45), and inserting in lieu thereof a new Subsection (45) E. Fourth Street to Section 553, No Parking Here To Corner. City Council Meeting: 3/23/2020 Prepared: 3/18/2020 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 3/18/2020 - 12:33 PM ATTACHMENTS: Description Type ❑ ordinance Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Motion to receive, file and consider and pass for the first time, an ordinance amending the City of Waterloo Traffic Code by amending (45) E. Fourth Street to Section 553, No Parking Here To Comer, by deleting said Subsection (45), and inserting in lieu thereof a new Subsection (45) E. Fourth Street to Section 553, No Parking Here To Comer as follows: east side in the 2000 block in a southerly direction from Charles Street; east side in the 700 block in a southerly direction from Pine Street; west side in the 1700 block in a southerly direction, north of Newell Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director Adopt Ordinance Mr. Sander's (Sander's Funeral Home)requested this ordinance change to allow safe entering and exiting from his parking lot on E. 4th St. adjacent to the funeral home. This will only affect his business in the area. Proposed Change: east side in the 2000 block in a southerly direction from Charles Street; east side in the 700 block in a southerly direction from Pine Street; west side in the 1700 block in a southerly direction, north of Newell Street. Strategy 2.2: Enlist all City depailiuents and staff members in efforts to promote a safer community. Page 187 of 208 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY AMENDING SUBSECTION (45) E. FOURTH STREET TO SECTION 553, NO PARKING HERE TO CORNER, BY DELETING SAID SUBSECTION (45), AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (45) E. FOURTH STREET TO SECTION 553, NO PARKING HERE TO CORNER, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (45) E. Fourth Street of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby deleted in its entirety, and in lieu thereof, a new Subsection (45) E. Fourth Street to Section 553, No Parking Here to Corner, as follows: (45) E. Fourth St. East side in the 2000 block in a southerly direction from Charles Street; east side in the 700 block in a southerly direction from, Pine Street; West side in the 1700 block in a southerly direction, north of Newell Street. PASSED AND ADOPTED by the City Council this day of March, 2020, and approved by the Mayor this day of March, 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle, Deputy City Clerk Page 188 of 208 CITY OF WATERLOO Council Communication Board of Adjustment minutes of November 26, 2019. City Council Meeting: 3/23/2020 Prepared: 3/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/13/2020 - 2:53 PM Clerk Office Higby, Nancy Approved 3/16/2020 - 3:10 PM ATTACHMENTS: Description Type ❑ November minutes Cover Memo SUBJECT: Board of Adjustment minutes of November 26, 2019. Submitted by: Submitted By: Page 189 of 208 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON NOVEMBER 26, 2019 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Brad Condon, April Leadley, John Beckman Jeri Thornsberry and John Chiles. Staff in attendance were: Noel Anderson, Aric Schroeder, Seth Hyberger, John Dornoff and Chris Western. I. Approval of the November 26, 2019 agenda. It was moved by Thornsberry and seconded by Beckman to approve the amended agenda changing the request by Fusion Bar to build a 20' x 9' outdoor smoking area to a 20' x 5' smoking area. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, October 29, 2019. It was moved by Beckman, seconded by Leadley to approve the minutes of the October 29, 2019 regular meeting with one correction. Thornsberry pointed out a misspelled word. Motion carried unanimously. III. Decision Items 1. Request by Hasan Puric on behalf of Fusion Bar for a variance to expand a legal non- conforming use to allow for the construction of a 20' x 5', (100) SF outdoor smoking area, located at 1915 Bourland Avenue. Hyberger gave the staff the report that recommended denial of the request for the following reasons: 1. Persons could still smoke outside of the bar without the smoking room addition. 2. The site is currently a legal non -conforming use and approval for the 20' X 5' smoking room addition would simply make the property more out of compliance with the Zoning Ordinance. 3. Approval of the request would have a negative impact on the surrounding area. Fusion Bar has had numerous noise complaints in the past by adjacent neighbors. However, if there request were to be approved, staff would recommend that it be approved subject to the following conditions: 1. That the applicant uses different construction materials for the 20' X 5' smoking room addition, such as horizontal vinyl siding, and that the smoking room addition be restricted to be located on the east side of the building. Condon asked how the bar was able to be established at this location. Schroeder stated that the bar was established prior to the amendment to the zoning ordinance regarding alcohol sales in 2007 therefore it became a legal non -conforming use. Condon also asked if the construction of a canopy requires a building permit and approval from the Board. Schroeder stated that any new structures would require a building permit and approval from the board as any new structures would be considered an expansion of a legal non -conforming use. Thornsberry asked if the request is approved would the existing structure have to be removed. Schroeder stated that it would. Leadly asked if there was a door on the north end of building. After further discussion it was discovered that the applicant is requesting to remove the existing structure and build a new 20' x 5' on the east side and not asking to build one to the north of the building as staff was lead to believe. Thornsberry discussed siding material of the structure. Rosella Thompson addressed the board stating she is against the request as she feels the bar has been a nuisance since 2008. She stated that the patrons are Page 190 of 208 BOARD OF ADJUSTMENT November 26, 2019 Minutes outside smoking with open containers in the parking lot. Condon asked Ms. Thompson if she would be okay with putting the smoking area on the east side. Condon stated that the patrons could still smoke in the parking lot with or without the proposed smoking area. Ms. Thompson stated that she would not object to placing it on the east side. Schroeder stated that there seems to have been some confusion as to where the proposed smoking area would be located and that staff would be willing to change the recommendation to approval with the understanding that the new structure would be on the east side of the building and that the structure be made of more esthetically pleasing material. Beckman asked for verification that the existing smoking are was built without permit. Schroeder verified that it was illegal and if the request is approved the existing structure would have to be removed and a permit acquired to build a new one. Leadley ask about the smoking laws. Schroeder stated he was not familiar with them. Chiles expressed concerns with the request stating he was against the expanding the request. Condon stated he felt having the structure may confine the patrons to one area as opposed to roaming the parking lot. Leadley ask if the existing bar closed does that mean a new one could not be established. Schroeder explained that a legal non -conforming use can continue unless the alcohol sales use ceases operation for 3 months or more the legal non- conforming use would no longer be allowed. Beckman asked if tabling the request would be something to consider. Condon stated he believed there is enough information to make a decision. Thornsberry made a motion to approve the request. Chiles reiterated that he was against the request. Thornsberry pointed out that Ms. Rosella who initially was against the request was okay with the request as long as the smoking area was located on the east side of the building. Condon reiterated that there will be smoking regardless and that a smoking area may help contain that activity to one area away from Ms. Rosella's property. It was moved by Thornsberry, seconded by Leadley to approve the request by Hasan Puric on behalf of Fusion Bar for a variance to expand a legal non -conforming use to allow for the construction of a 20' x 5', (100) SF outdoor smoking area, located at 1915 Bourland Avenue with the conditions that the existing structure be removed and the proposed smoking area be located on the east side of the building. Motion carried 3 to 2, with Chiles and Beckman voting no. 2. Request by Lincoln Savings Bank for a temporary variance to allow for the placement of a 64' x 12' mobile office trailer on the existing site for a temporary period of two years located at 3254 Kimball Avenue. Western gave the staff the report that recommended approval of the request for the following reasons: 1. There would not appear to be lack of reasonable return, however the request is temporary. 2. There would appear to be any uniqueness to the request as the applicant is working to relocate to an adequate facility to accommodate there rapid growth therefore the request is temporary. 3. There are no objections on file. Leadley asked for clarification of the proposed location of the office trailer. Western showed on an aerial photo where the trailer would be located. Andrea Devore representing Lincoln Savings bank addressed the board stating the company is experiences considerable growth and that the temporary office trailer is needed for additional conference space. It was moved by Beckman, seconded by Chiles to approve the request by Lincoln Savings Bank for a temporary variance to allow for the placement of a 64' x 12' mobile office trailer on the existing site for a temporary period of two years located at 3254 Kimball Avenue. Motion carried unanimously with Condon abstaining due to conflict of interest. 2 Page 191 of 208 BOARD OF ADJUSTMENT November 26, 2019 Minutes 3. Request by Helland Engineering on behalf of Matt & Andrea McGeough for a variance to allow for the splitting of the existing property to allow for a set -back of 10' from the proposed property line to the base of an existing cellular tower, 50' less than the required 60' minimum setback for a cellular tower, located at 1150 Home Park Boulevard. Dornoff gave the staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. The variance would create a developable lot. 3. The request would not appear have a negative impact on the neighborhood. Thornsberry asked if Verizon Wireless had responded with concerns and how staff would address them. Schroeder stated that there was a notice sent to them however there was no response. Ledley asked how Verizon would access the tower for maintenance. Dornoff pointed out that there is an existing easement that could be used. Kyle Helland of Helland Engineering addressed the board and explained that the proposed apartment complex would be 45' from the base of the tower. It was moved by Chiles, seconded by Thornsberry to approve the request by Helland Engineering on behalf of Matt & Andrea McGeough for a variance to allow for the splitting of the existing property to allow for a set -back of 10' from the proposed property line to the base of an existing cellular tower, 50' less than the required 60' minimum setback for a cellular tower, located at 1150 Home Park Boulevard. Motion carried unanimously with Condon abstaining due to conflict of interest and Beckman due to personal relationship with owners of the property in question. 4. Request by Cedar Valley Orthopedic Surgery for a variance to the "R-4, R-P" Planned Residence District sign regulations to allow for the installation a total signage of 197.75 133.75 SF more than the maximum of 64 SF allowed in an "R-4, R-P" Planned Residential District located at 1631 Logan Avenue. Western gave the staff report that recommended approval of the request for the following reasons: 1. There appears to be a lack of reasonable return as the "R-4, R-P" zoning designation limits the square footage of signage allowed to 64 square feet which severely limits the ability for the development to provide the adequate signage that is needed for the Cedar Valley Orthopedic Surgery Center owners, employees, patients, and visitors. 2. There would appear to be some uniqueness to the request, as the "R-4, R- P" sign regulations limit signage to only 64 SF, and this prevents the signage needed to effectively direct clients to their business and the services that they provide. 3. The request would not appear to have a negative impact on the area and would be compatible with surrounding uses. 4. Staff has heard no objections to the request. Thornsberry asked for clarification of the request and Western recommended having the applicant explain the request. Tom Gorsche representing Cedar Valley Orthopedics addressed the board and explained that there will be backlit lettering on the building and a backlit monument sign at the corner of Louis and one non -lit direction sign. David Schachterle of Signs and Designs further explained that the monument sign at the corner of Louis and Logan Avenue has a metal face and that only the letters and the logo would be lighted. Schroeder stated that the monument sign that is already installed would need a variance as the ordinance requires the back lit signs in residentially zoned areas shall not be illuminated unless constructed with be opaque background and translucent 3 Page 192 of 208 BOARD OF ADJUSTMENT November 26, 2019 Minutes lettering. However staff would recommend approval of the backlit monument sign due to it having a metal face which only allows the letters to be lighted and therefor would be similar to an opaque sign. It was moved by Leadley, seconded by Beckman to approve the request by Cedar Valley Orthopedic Surgery for a variance to the "R-4, R-P" Planned Residence District sign regulations to allow for the installation a total signage of 197.75, 133.75 SF more than the maximum of 64 SF allowed in an "R-4, R-P" Planned Residential District and a variance to the lighting requirements located at 1631 Logan Avenue. Motion Carried unanimously. 5. Request by Ronald Brinkley for a variance to the "R-2" One and Two Family Residence District accessory structure regulations to allow for the construction of a new detached garage to be have a setback 6' 7", 3' 3" less than the required side yard setback of 10' on a corner lot, located at 139 Lewis Street. Western gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the area, as the proposed location is located at the corner of Lewis Street and Railroad Avenue which have very little traffic. 2. The proposed garage is across from a rail road line and would have limited visibility from surrounding neighbors. 3. There have been no objections to the request. Beckman pointed out that the property in question does not actually abut the railroad line. The applicant addressed the board stating that he felt the contractor who poured the slab for the garage should have known that the new garage could not be located in the same location. Western explained that there is no required permit to pour cement therefore there was no site plan reviewed for the concrete slab but that staff encourages citizens to get the concrete slab approved even if they only can afford to pour the cement now and build the garage at a later date to eliminate these kinds of mistakes. Chiles asked if the new garage was the same size as the old one. The applicant stated that it was. It was moved by Beckman, seconded by Chiles to approve the request by Ronald Brinkley for a variance to the "R-2" One and Two Family Residence District accessory structure regulations to allow for the construction of a new detached garage to be have a setback 6' 7", 3' 3" less than the required side yard setback of 10' on a corner lot, located at 139 Lewis Street. Motion Carried unanimously. 6. Request by New Star for a variance to the setback requirement of 600' from a protected use and 250' from another non -limited alcohol sales use to convert an existing limited alcohol sales use to a non -limited alcohol sales use, located at 315 Fletcher Avenue. Heyberger gave staff report that recommended denial of the request for the following reasons: 1. The request would appear to have a negative impact on the area by allowing a non -limited alcohol sales use in close proximity to protected uses. 2. The request could allow for an over concentration of non -limited alcohol sales uses. Condon asked for clarification of the difference between limited and non -limited alcohol sales. Schroeder explained the difference. Condon ask how the applicant got a sign permit to put up signs that advertise liquor. Schroeder stated that the contractor presented a site plan and permit 4 Page 193 of 208 BOARD OF ADJUSTMENT November 26, 2019 Minutes application for two new signs that advertised liquor and that they were told to remove the liquor verbiage. The contractor agreed and was granted a sign permit. It was later discovered they did not remove the liquor verbiage; therefore the signs are not in compliance with the limited alcohol sales use regulations. Beckman asked if the existing pole sign would have to be removed if the request is denied. Schroeder stated that the pole sign predates the alcohol ordinance that was approved in 2009 which prohibited liquor sales advertisement, but did not provide for any "Grand Fathering" and that all existing signs with liquor sales advertisement had to be removed by 2013. Therefore, the pole sign will have to be modified if the request is denied. The applicant addressed the board stating that the store was closed due to a fire and he feels that he needs to be able to advertise that the store is open again and that they have liquor. The applicant stated that he has lost a lot of customers and the signage is the only way he can let them know he has reopened and has liquor. Schroeder clarified to the board that the request is not whether the applicant can sell alcohol but if they can advertise alcohol sales. Schroeder went on to explain that the board could deny the request to be a Non -limited Alcohol Sales use but approve a variance to allow the signs to allow it to advertise liquor so the signs can remain; however, staff would still recommend denial. Leadley asked about prior violations. The applicant stated that he did not have any. Beckman asked if the applicant was the owner of the building during the fire. The applicant stated he was the owner at the time. Beckman asked what type of business was there before the fire. The applicant stated that it is the same type of business. Beckman asked why the applicant was concerned with patrons not knowing what type of business is there. The applicant stated the building looks very different now and people don't know what business is there now. Chiles stated that he did not believe being made to remove the liquor verbiage doesn't prevent the applicant from selling liquor as other businesses have been able to convey what products are available in any particular business. Chiles stated that the signs with liquor on them was installed despite being told by staff to remove the liquor verbiage from the sign. It was moved by Beckman, seconded by Chiles to deny the request by New Star for a variance to the setback requirement of 600' from a protected use and 250' from another non -limited alcohol sales use to convert an existing limited alcohol sales use to a non -limited alcohol sales use, located at 315 Fletcher Avenue. Motion Carried unanimously. III. Discussion There were no discussion items. IV. Adjournment It was moved by Beckman, seconded by Leadley to adjourn the meeting at 5:55 p.m. Motion carried unanimously. Sincerely, G'kverAe,. W Weetent Christopher W. Western Planner II/Brownfield Coordinator 5 Page 194 of 208 CITY OF WATERLOO Council Communication Board of Adjustment minutes of January 28, 2020. City Council Meeting: 3/23/2020 Prepared: 3/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/13/2020 - 2:54 PM Clerk Office Higby, Nancy Approved 3/16/2020 - 3:10 PM ATTACHMENTS: Description Type ❑ January minutes Cover Memo SUBJECT: Board of Adjustment minutes of January 28, 2020. Submitted by: Submitted By: Page 195 of 208 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON JANURARY 28, 2020 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Brad Condon, Jeri Thornsberry and John Chiles. Absent board members were: April Leadley, John Beckman. Staff in attendance were: Aric Schroeder, and Chris Western. I. Approval of the January 28, 2020 agenda. It was moved by Condon and seconded by Thornsberry to approve the amended agenda removing the approval of the November 26, 2019. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, November 26, 2019. The November 26, 2019 minutes will be reviewed at the February 25, 2020 Meeting. III. Decision Items 1. Request by Jubilee United Methodist Church for a variance to the 104 SF maximum size limit for all signage on the property in the "R-2" One and Two Family Residence District, to allow for the placement of a 14 square foot 12" tall cast aluminum letter sign, in addition to an existing 24 SF sign, and a 80 SF sign, for a total of 118 SF, 14 SF more than the maximum allowed located at 1621 East 4th Street. Western gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact on the area. 2. Most properties in the area are commercial 3. The proposed sign consists of non -lighted letters and the existing mural are not typical advertising signs. 4. The proposed sign would be approximately 146' away from the nearest home across East 4th Street which is a heavily traveled Collector Street. There was no discussion of the request. It was moved by Thornsberry, seconded by Chiles to approve the request by Jubilee United Methodist Church for a variance to the 104 SF maximum size limit for all signage on the property in the "R-2" One and Two Family Residence District, to allow for the placement of a 14 square foot 12" tall cast aluminum letter sign, in addition to an existing 24 SF sign, and a 80 SF sign, for a total of 118 SF, 14 SF more than the maximum allowed located at 1621 East 4th Street. Motion carried unanimously. 2. Request by Kevin Rose, for a variance to the Home Occupation regulations to allow for the parking of two trailers related to a home based business, in an "R-2" One and Two Family Residence District, located at 300 Blowers Avenue. Western gave staff report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area. 2. The request would not appear to have a negative impact upon traffic conditions. 3. The request for a variance to the home occupation regulations appears to be minimal in nature. Page 196 of 208 BOARD OF ADJUSTMENT January 28, 2020 Minutes With the following conditions: 1. That the cargo box being used for storage be removed. 2. That proper hard surfacing for the parking of vehicles be installed. Condon asked for clarification on the number of trailers. Western explained that there are two trailers that are related to the Home Occupation. The remaining trailers which house snowmobiles, motorcycles and a race car will be dealt with by the Code Enforcement Department. Thornsberry asked for clarification of staffs recommendation of a 2 year temporary variance and how staff would evaluate the site after the two year period. Western stated that the pads they installed could stay if the temporary variance does not get approved for a permanent variance. Thornsberry asked if each lot was allowed two trailers. Schroeder stated that the home occupation ordinance does not allow for any trailers related to a business. The code of ordinance allows 4 personal trailers total regardless of the number of lots and they must be accessory to a principal permitted use. Condon asked if the non - business trailers had to be on hard surface. Western stated that all trailers are required to be on hard surface. Thornsberry asked for clarification on what an approved surface means. Western stated that the applicant can install 4" rock base, 6" asphalt or cement pad. Condon asked for clarification on staffs recommendation of a two year variance. Schroeder explained that staff thought it was a minimal request but wanted to proceed with caution. However, the board could grant a permanent variance instead. Schroeder went on to say that the applicant would have to return before the board to be granted a permanent variance. Also, staff feels that an amendment to the home occupation ordinance to allow for up to two trailers for business use is something that should be looked at. Thornsberry asked if the applicant would have to pay a second fee when seeking a permanent variance. Schroeder stated no there wouldn't be a second charge as there is not a second fee charged when a temporary variances are granted. The applicant addressed the board stating that he was contacted by code enforcement and told he needed to install hard surfacing. The applicant presented signatures in favor of the request. Thornsberry asked if the signatures were from this year. The applicant stated there were done this week. Condon reiterated that if the permanent variance is denied after the two years the trailers would have to be removed. The applicant stated he was concerned about that but is now okay since he wouldn't have to pay a second filling fee. It was moved by Chiles, seconded by Thornsberry to approve the request by Kevin Rose, for a variance to the Home Occupation regulations to allow for the parking of two trailers related to a home based business, in an "R-2" One and Two Family Residence District, located at 300 Blowers Avenue. Motion Carried unanimously. 3. Request by Brenden Etten for a variance to allow for the construction of a 26' x 26' garage with a height of 20.17', 5.17' over the 15' maximum accessory structure height limit, a variance to allow for the construction of a 40' x 40' detached accessory structure with a height of 21.33', 3.33' over the 15' maximum accessory structure height limit, a variance to allow 2,276 square feet of accessory structures, 476 square feet over the maximum of 1,800 square feet of accessory structures allowed and a variance to have corrugated metal siding located at 3554 and 3560 East Shaulis Road. Western gave the staff report that recommended approval of the request for the following reasons: 1. The property in question is unique in that it is located in a rural area and is consistent with the accessory buildings of the neighboring area, and would be located on property zoned "A-1" Agricultural District, which permits vertical metal siding for principal permitted uses. 2 Page 197 of 208 BOARD OF ADJUSTMENT January 28, 2020 Minutes 2. Staff has heard no opposition to the request. The request would not appear to alter the essential character of the neighborhood. Condon asked if the house would have to be demolished before the new home is built. Western stated that staff is not requiring the home to be demolished. Condon asked if there could be 3 homes on the site. Schroeder stated that they could not have 3 homes but the applicant plans to demolish one home prior to construction of the new home and then demolish the second home when the new home is complete. Thornsberry asked about the type of siding on the accessory buildings. The applicant explained that he was planning on ribbed siding turned horizontally. Western explained that that type of siding would need a variance. The applicant stated that's fine and he will do whatever is required. Schroeder asked the applicant if he wanted to ask the board for a variance to install vertical metal siding. The applicant stated that he did. Condon asked if the board approves the metal siding could the applicant could install it horizontally. Western stated that the board would be approving the use of ribbed metal siding regardless of whether it is installed vertically or horizontally. Schroeder reiterated that the ordinance does not address how the metal siding is installed just that it is not allowed within the city limits. Also, it appears that the applicant only stated he was going to install it horizontally because he thought it was required by the city to do so and that is in support of the variance to the metal siding. It was moved by Thornsberry, seconded by Chiles to approve the request by Brenden Etten for a variance to allow for the construction of a 26' x 26'garage with a height of 20.17', 5.17' over the 15' maximum accessory structure height limit, a variance to allow for the construction of a 40' x 40' detached accessory structure with a height of 21.33', 3.33' over the 15' maximum accessory structure height limit, a variance to allow 2,276 square feet of accessory structures, 476 square feet over the maximum of 1,800 square feet of accessory structures allowed and a variance to have corrugated metal siding located at 3554 and 3560 East Shaulis Road. IV. Election of Officers Thornsberry moved to wait until the February 25, 2020 meeting III. Discussion There were no discussion items. IV. Adjournment It was moved by Chiles, seconded by Thornsberry to adjourn the meeting at 4:55 p.m. Motion carried unanimously. Sincerely, Ck`le/iiie/' IV Westel-K Christopher W. Western Planner II/Brownfield Coordinator 3 Page 198 of 208 CITY OF WATERLOO Council Communication Historic Preservation minutes of January 21, 2020 City Council Meeting: 3/23/2020 Prepared: 3/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/13/2020 - 2:54 PM Clerk Office Higby, Nancy Approved 3/16/2020 - 3:10 PM ATTACHMENTS: Description Type ❑ January minutes Cover Memo SUBJECT: Historic Preservation minutes of January 21, 2020 Submitted by: Submitted By: Page 199 of 208 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — January 21, 2020— 4:30 P.M. 1st Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance were: Ed Ottesen, Terry Stevens, Susan Price, Alice Rohret, and Maddie Morehouse. Commission Member(s) absent were: Nick Hedrick. Others Present: John Dornoff — Planning Staff; and Ed Gallagher — Grout Liaison. Approval of Agenda Motion made by Morehouse, seconded by Rohret to approve the agenda of the January 21, 2020 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Rohret to approve the minutes of the December 17, 2019 meeting. Motion carried unanimously. Oral Presentations No Presentations Hearinjs Request for a Certificate of Economic Hardship to allow demolishing a "A" rated property at 5640 Foulk Road. Dornoff read the staff report. Ottesen stated that the building probably lost integrity due to the loss of windows and other trim pieces. Tim Brustkern, 5422 Foulk Road stated that the home has not been lived in for many years and vermin and animals are using the home. He stated that it is his property and he should not need a permit to do work on his property. Morehouse asked for clarification on what will happen if the request is denied and why is the difference between Certificate of Appropriateness and Certificate to which Ottesen explained the difference. Price asked when the windows were removed to which Brustkern responded 3 weeks. It was noted that the windows were tall and narrow so they were probably original. -1- Page 200 of 208 Motion made by Rohert, seconded by Price to approve the Certificate of Economic Hardship on the condition that pictures be taken of the project. Motion carried unanimously. Request to apply for a Community Foundation Grant Discussion on what projects to include in the grant request including Church Row Neighborhood Association and finishing the Triangle. Ottesen stated his thoughts that the commission should go for all it can to which Morehouse stated in her experience in dealing with grants that the commission should try to get its foot in the door then expand. Motion made by Stevens, seconded by Price to apply for a Community Foundation Grant to pay for a historic survey and oral histories of the remaining portion of the triangle neighborhood. Motion carried unanimously Approval of letter for Highland Neighborhood Property Owners Motion made by Sue, seconded by Rohret to approve the Highland Neighborhood Property Owners letter with changes proposed by Ottesen. Motion carried unanimously. Reports 1. Main Street Funky Junkaloo will be held on March 21 st and 22nd at the convention and Main Street has a contract through 2021 to use the convention and if it continues beyond that will depend on the new operators of the Convention Center. Fridayloo will be returning to Lincoln Park this year. 2. Silos and Smokestacks. Signs went up at their new location and they have moved in. 3. Grout Museum Garden show will be held in June. Remember the Ladies dedicated to the 19th Amendment will open on February 8t" March to October there will be presentation on political interest. Friends of the Grout St. Patrick's Day Brunch will be March 15th -2- Page 201 of 208 4. Building Update No Updates 5. Project Update Contractors looking to finish by the end of spring. 6. Highland No Updates 7. Walnut Boys and Girls club has been dedicated. Discussion Items/Possible Action Items 1. HPC Awards Banquet Suggestion for awards include the people doing the Bakery building on Commercial Street. Dornoff is working on the power point. Dornoff noted the cost of catering has gone up substantially and it cannot continue without some type of change or sponsor. Commission members may bring food for the banquet. 2. School Art Project Stevens said the project is going well with the Center for the Arts, the Library, and the School District all on board for the project. Discussion on working with teachers to get the word out. Morehouse stated she could get the flyers sent to the Cedar Valley Catholic Schools. 3. Waterloo Most Endangered Buildings List 2020 Dornoff suggested some buildings including ones that are underused so the commission can gradually move to being proactive instead of reactive when it usually too late. 4. Main Street Waterloo Collaboration Ottesen discussed the possibility of working with Main Street and discussed ideas. 5. Preservation Iowa June 4-6 Dubuque Dornoff noted that he will be speaking at the conference and Rohret stated that her husband and -3- Page 202 of 208 her will be attending the conference. 6. City Owned Properties/Demo List Dornoff discussed what happened in dilapidated housing the last couple of months. 7. Dilapidated Housing Sub -Committee Dornoff sent an email to set up a time to start the sub -committee. 8. Action Plan Ottesen said that there should be a goal of getting the design guidelines by the end of the year. Also, move up the dates when it comes to creating to community partners. Commission also discussed having a fundraiser such as doing the post cards again. Dornoff noted that with Highland being a 501(c)3 now the commission could work with the neighborhood to create the post cards and split the revenue. Other Discussion: None Adjournment Ottesen adjourned the meeting at 6:15p.m. Respectfully submitted, John Dornoff Planner I -4- Page 203 of 208 CITY OF WATERLOO Council Communication Planning, Programming, & Zoning minutes of February 11, 2020. City Council Meeting: 3/23/2020 Prepared: 3/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/13/2020 - 2:54 PM Clerk Office Higby, Nancy Approved 3/16/2020 - 3:11 PM ATTACHMENTS: Description Type ❑ February minutes Cover Memo SUBJECT: Planning, Programming, & Zoning minutes of February 11, 2020. Submitted by: Submitted By: Page 204 of 208 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. February 11, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:02 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Craig Holdiman, Eric Donat, Virginia Wilber, Sue Flynn, and Steve Trost. Members absent were: Marcia Buttgen and Patrisha Serfling, there is currently two vacancies on the commission. Others present: Aric Schroeder, Seth Hyberger, Chris Western and John Dornoff— Planning Department, and citizens. I. Approval of the Agenda It was moved by Holdiman, seconded by Donat to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on January 7, 2020. It was moved by Donat, seconded by Holdiman to approve the minutes. Motion carried unanimously. III. Financial Report December 2019 Schroeder read the financial report noting that the department should be at 50% for the year since we are half way through the fiscal year. Donat asked if we should be at 50% for expenses or 50% of revenue to which Schroeder responded that overall we should be at 50% for both. Flynn noted that the budget for gas is only $300 and the department has already spent $276 to which Schroeder responded that there may need to be a budget amendment for additional gas but noted normally the department does not use a lot of gas and most driving is local. It was moved by Holdiman, seconded by Donat to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations No oral presentations. V. New Business A. Special Permits 1. Request by Waterloo Public Schools for a Special Permit to build a new Lowell Elementary School in the "R-3" Multiple Residence District located at 1628 Washington Avenue. Western read the staff report recommending approval of the request with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, storm water detention, etc. Flynn noted that she would abstain due to being a school board member. Page 205 of 208 Planning and Zoning Commission February 11, 2020 Donat noted that Greg Alhelm from Building and the Fire Department had met with the architects and if that is something the commission should be concerned with to which Western responded no. Donat then asked if the building will reflect the look of the current building to which Flynn explained that the architects were trying to have some of the historic character applied to the new building. Holdiman noted that the current building was built by the Works Progress Administration in the 1930's replacing the 1899 building. Wilber asked if there was any concerns about keeping the bus drop off on Washington to which Flynn responded that the board felt it was safer having the bus drop off on Washington and the parent drop off/pick up off of Williston so that they will not be mixing with the school buses. Tim Vernon, ISG, 314 East 4th Architects for the project explained the changes to the layout of the school and noted that on the south side there is a future addition for the Pre -Kindergarten. Donat asked about the number of parking spaces to which Vernan stated that the plans have been in flux as the design is defined. Holdiman asked if it was going to be a 1 story building to which Vernan responded that it will primarily be a 1-sotry building but some portions will be 2-stories. Barbara Gregersen, 1636 Williston stated that she has lived at that address since 1979, and is concerned due to the amount of traffic generated by school before and after school and the safety of the students walking to the school. Also concerned that there is no adults to oversee the safety of the children. Flynn stated she understood the concerns and explained that a majority of the parking will be by staff, not parents. Nancy Taylor, 1637 Bertch asked if the homes south of Williston will be used for additional parking to which Western explained that the map shows the addresses that notice letters were mailed out to, and nothing was occurring across the street. John Talbot, 1520 West 5th, asked whose idea it was to tear down the school, who runs the school board, and why is this being rushed through. Wilber noted that the school board has had public meetings about the situation at Lowell. Talbot states that he has looked at the building and sees nothing wrong with the building. He also requested a copy of the insurance policy for the building. Flynn stated that the building is structurally unsafe and cannot be occupied. Trost stated that the commission has no control over what the school board does with the existing school or the grounds and the commission's responsibility is to make a recommendation for the special permit for a new building only. Donat noted that people do have affections for the schools that they attended and that should be taken into consideration when designing a new school to which Holdiman responded that is not germane to what is before the commission. It was moved by Trost, seconded by Donat to recommend approval of the special permit with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, storm water detention, etc. Motion carried 4-0 with Flynn abstaining. 2. Request by Drew Reg Investments LLC for a Special Permit to expand an existing salvage yard in the "M-1" Light Industrial District located at 1041 — 1049 Sheffield Avenue. Dornoff read the staff report recommending approval of the special permit with the conditions that 1) any new buildings constructed on Lot B meet the requirements of the flood plain regulations which currently state that any building built on the site must be one foot about the base flood elevation, 2) the salvage yard follow the requirements of Ordinance 5426 3) that if Lot B is ever sold or used separately and not as a satellite site to the salvage yard main site, that it will no longer be a legal salvage yard, but would have to go back to the Board of Adjustment for any such request or revert to a legal use in the "M-1" Light Industrial District. 2 Page 206 of 208 Planning and Zoning Commission February 11, 2020 Wilber asked if the applicant is currently operating as Chase to which Dornoff responded that Chase closed a few months ago. Craig Lindsey, Drew Reg Investments, 1041 Sheffield Avenue stated that he purchased the property in December and will be operating it as part of his Can -Am towing business and will be opening at the location once he receives his license from the State of Iowa. He also stated that he is planning to use Lot B as an impound lot primarily at this time. Flynn asked Lindsey if he was aware of the flood plain regulations concerning building a structure on Lot B to which he stated yes. Malissa Sullivan, 2201 Easton Avenue, stated that she does not oppose the expansion but had issues with the previous owners when pieces of the fence fell down it was difficult to get ahold of them to which Lindsey responded that his phone number is on the building and he will respond quickly to any issues. Trost noted that salvage yards get regular inspections and any issues should come up at that time. Chris Fischels, 4736 Yellowstone, owns property adjacent to the proposed salvage yard expansion and is in support of it. It was moved by Trost, seconded by Donat to recommend approval of the special permit with the conditions that 1) any new buildings constructed on Lot B meet the requirements of the flood plain regulations which currently state that any building built on the site must be one foot about the base flood elevation, 2) the salvage yard follow the requirements of Ordinance 5426 3) that if Lot B is ever sold or used separately and not as a satellite site to the salvage yard main site, that it will no longer be a legal salvage yard, but would have to go back to the Board of Adjustment for any such request or revert to a legal use in the "M-1 "Light Industrial District. Motion carried unanimously C. Vacates 1. Request for City of Waterloo to vacate Airline Highway right-of-way located south of 3470 West Airline Highway. Dornoff read the staff report recommending approval of the vacate with the condition that an utility easement be maintained over, under, and upon the vacate area. Trost asked if the adjacent property owners are going to purchase the land to which Dornoff stated the goal is to sell the property to adjacent landowners. Donat asked if this vacate will create a straight line to which Schroeder responded yes. It was moved by Holdiman, seconded by Flynn to recommend approval of the vacate. Motion passed unanimously. 2. Request by the City of Waterloo to vacate city owned right-of-way located north of 3105 Airport Blvd. Hyberger read the staff report recommending approval of the vacate with the condition that a utility easement be maintained over, under, and upon the vacate area. Flynn asked if the land was already transferred to which Schroeder responded yes, it was not realized at the time that the property had been dedicated as right-of-way. 3 Page 207 of 208 Planning and Zoning Commission February 11, 2020 It was moved by Flynn, seconded by Trost to recommend approval of the vacate. Motion passed unanimously 3. Request by the City of Waterloo to vacate a 50' utility easement located south of 4550 Hess Road. Hyberger read the staff report recommending approval of the vacate request. Trost asked if new easements will be dedicated with this vacate to which Schroeder responded yes, and they will go directly to city council. It was moved by Donat, seconded by Flynn to recommend approval of the amendment. Motion passed unanimously. VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be held on March 3ra Donat noted that he and Serfling attended the Complete Streets Committee on January 28th and went over what was discussed at the meeting. VII. Adjournment It was moved by Flynn, seconded by Holdiman, to adjourn the meeting at 5:16 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 4 Page 208 of 208