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HomeMy WebLinkAboutCouncil Packet - 5/11/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY COUNCIL CHAMBERS Monday, May 11, 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 109 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of May 4, 2020, Regular Session as proposed. Proclamation Declaring the Week of May 10-16, 2020 as National Police Week and Declaring May 13, 2020 as Peace Officer's Memorial Day. Proclamation Declaring May 9, 2020 as World Migratory Bird Day. 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 accepting a U.S. Department of Justice FY20 Coronavirus Emergency Supplemental Funding Program Grant for local communities affected by the COVID-19 virus in the amount of $190,086 and authorizing the Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain 3. Resolution approving a Lease Agreement with C & S Car Company, for a 2020 Hyundai Sante Fe, VIN#5NMS33AD8LH143049, to be used by the School Resource Unit for a six (6) month period at no cost to the City, and authorizing the Mayor to execute said document. Submitted By: Dave Mohlis, Police Captain 4. Resolution approving award of contract to Woodruff Construction LLC, of Waterloo, Iowa, in the amount of $199,890, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements Project, and authorizing the Mayor Page 2 of 109 and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving award of contract to Peters Construction Corp. of Waterloo, Iowa, in the amount of $939,810, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting date of public hearing as May 26, 2020 to approve the request by the City of Waterloo to vacate, sell and convey a portion of Oregon Street right-of-way, located between Washington Street (Highway 218) and Williston Avenue, west of 1628 Washington Street (Lowell Elementary) to the Waterloo Community School District, in the amount of $1.00, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving request of Craig Larsen for a waiver for a concrete driveway, located at 1351 Lyon Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 8. Resolution approving request of Ben and Jennifer Torrez for a waiver for a concrete driveway, located at 1715 Pinehurst Lane, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 9. Resolution approving a request from Larson Construction Co., Inc., for a temporary variance to the truck embargo on Williston Avenue from Washington Street to W. 11th Street and on E. Ridgeway Avenue from W. 11th Street to W. 9th Street, commencing May 12, 2020 through June 30, 2020, to allow for the transport of fill material from Friendship Village to the Lowell School construction site. Submitted By: Jamie Knutson, PE, City Engineer 10. Resolution approving the contract for grant award with Waterloo Housing Trust Fund 7 in the amount of $30,000, for repairs to existing single family owner occupied homes, and authorizing the Mayor to execute said documents. Submitted By: Rudy D. Jones, Community Development Director 11. Resolution setting date of public hearing as May 26, 2020 for an amendment to the FYE 2020 Budget, and instruct the City Clerk to publish notice. Submitted By: Michelle Weidner, Chief Financial Officer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Chris Ferguson, Fire Marshal Class/Meeting: Arson K9 Recertification Destination: Omaha, NE Dates: June 8-12, 2020 Amount not to exceed: $718.40 Page 3 of 109 b. Investigator Hesse Class/Meeting: Child Forensic Interviewer Course Destination: Waterloo, IA Dates: May 22, 2020 Amount not to exceed: $225 1. LIQUOR LICENSES a. Risque Gentlemen's Club, 301 W. 4th St. Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 5/27/2021 b. BP Fuel, 127 Jefferson St. Class: B Native Wine, C Beer, and E Liquor New Application Includes Sunday Expiration Date: 5/29/2021 c. Behar Bar, 312 W. 4th St. Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 4/30/2021 2. APPOINTMENTS a. Laura Stammler Board/Commission: Cultural and Arts Commission Expiration Date: May 11, 2023 New Appointment b. Jennifer Bates Board/Commission: Cultural and Arts Commission Expiration Date: May 11, 2023 New Appointment 3. Bonds. PUBLIC HEARINGS 2. Application for State Revolving Fund Loan for Titus Lift Station, Contract No. 975, contents of Environmental Information and Project Plan. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing Mayor to execute Environmental Impact Document. Submitted By: Matthew Hosford, Collections System Project Director RESOLUTIONS 3. Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed mowing and property clean-ups. Page 4 of 109 Submitted By: Martin M. Petersen 4. Resolution approving a request by AutoZone, Inc. for the final plat of Kimball Addition, a 2-lot commercial subdivision located south of 3115 Kimball Avenue. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Historic Preservation minutes of February 18, 2020. 2. Board of Adjustment minutes of February 25, 2020. 3. Board of Adjustment minutes of March 24, 2020. Page 5 of 109 CITY OF WATERLOO Council Communication Minutes of May 4, 2020, Regular Session as proposed. City Council Meeting: 5/11/2020 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/6/2020 - 9:10 AM ATTACHMENTS: Description Type ❑ Minutes of 5/4/2020 Backup Material Submitted by: Submitted By: Page 6 of 109 May 4, 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, May 4, 2020. Mayor Quentin Hart in the Chair. Roll Ca11: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk 157770 - Juon/Klein that the Agenda, as proposed, for the Regular Session on Monday, May 4, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157771 - Juon/Klein that the Minutes, as proposed, for the Regular Session on Monday, April 27, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS No comments were received from the public. Mrs. Klein shared that Jim Chapman, a long time council meeting attendee, passed away. Mrs. Juon wished Paul Huting a happy birthday and Jonathan Grieder a happy birthday tomorrow, and recognized the fire fighters for all that they do for our community. Mr. Morrissey commented that May is National Bike Month and commented that the bike festivities will occur in September. He stated that it is unfortunate that uninformed, unscientific, comments are being made during the pandemic. He encouraged everyone to listen to public health officials and doctors for guidance. Mr. Boesen questioned if it would be possible to schedule a work session with Randy Bennett, Michelle Weidner and Jamie Knutson, for in an informational meeting on Road Use Tax and how that money is spent to gain a better understanding of what the future holds. He also requested a work session with Jamie Knutson on outstanding projects and Local Option Sales Tax funding streams. Mr. Morrissey commented that he would like a work session on those topics as well. 157772 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 157773 - Juon/Morrissey that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated May 4, 2020, in the amount of $817,548.28, 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. 2020-293. 2. Resolution approving request to certify assessment to 322 W. 13th Street in the amount of $7,564.06, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Page 7 of 109 May 4, 2020 Page 2 1. Resolution adopted and upon approval by Mayor assigned No. 2020-294. 3. Resolution setting date of public hearing as May 18, 2020 to approve the sale and conveyance of city owned property located south of 1318 Martin Road, in the amount of $1.00, to 3 Stooges, LLC, including a Development Agreement, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-295. 4. Resolution approving award of bid to Municipal Pipe Tool Co., LLC, of Hudson, Iowa, for the Base Bid, Alternative No. 1 and Alternative No. 2 in the amount of $773,116.50, and approving the contract, bonds, and certificate of insurance for the FY 2020 CIP Pipelining Phase IVA Project, Contract No. 1014, and authorizing Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020-296. 5. Resolution setting date of public hearing as May 18, 2020 on the proposed issuance of the following bonds and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-297. (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-298. (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-299. (d) ECP-UR-5 - Not to exceed $6,600,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No. 2020-300. b. Motion to approve the following: a. b. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Ray's Supermarket, 1975 Franklin St. B Wine, C Beer, and E Liquor Renewal 3/2/2021 x Hometown Foods, 1010 E. Mitchell Ave. B Wine, C Beer, and E Liquor Renewal 4/30/2021 x 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Tajah Wright Human Rights Commission May 8, 2023 Re -Appointment William Kugler General Contractors Board May 8, 2023 Re -Appointment Ross Samek General Contractors Board May 8, 2023 Re -Appointment Page 8 of 109 May 4, 2020 Page 3 Deb Waterman General Contractors Board May 8, 2023 Re -Appointment Dennis Wilson General Contractors Board May 8, 2023 Re -Appointment Michelle Weber Design Review Board May 7, 2023 Re -Appointment 3. Motion to approve Change Orders Nos. 10-12, to Woodruff Construction, LLC of Waterloo, Iowa, for a total decrease of $4,795, in conjunction with the FY 2019 Lincoln Park Improvements Project, Contract No. 973, and authorizing the Mayor to execute said documents. 4. Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 157774 - Morrissey/Grieder that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, as published in the Waterloo Courier on April 20, 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. 157775 - Morrissey/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157776 - Morrissey/Grieder that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-301. 157777 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Building Department for review. Bidder Bid Security Bid Amount Failor Hurley Construction Waterloo, IA o 5 /o $980,000 Cardinal Construction Waterloo, IA 5% $954,000 Don Gardner Construction Waterloo, IA 5% $1,044,400 Peters Construction Corp Waterloo, IA 5% $939,810 Henkel Construction Company Mason City, IA 5% $970,900 Woodruff Construction Waterloo, IA 5% $999,000 Michelle Weidner, Chief Financial Officer, commented that the estimate for the project was $837,650. Voice vote -Ayes: Seven. Motion carried. 157778 - Amos/Grieder Page 9 of 109 May 4, 2020 Page 4 that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Skywalk Improvements Project, as published in the Waterloo Courier on April 20, 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. 157779 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157780 - Amos/Grieder that "Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-302. 157781 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to Building Department for review. Bidder Bid Security Bid Amount Cardinal Construction Waterloo, IA 5% $214 000 Woodruff Construction Waterloo, IA o 5 /o $199,890 Henkel Construction Mason City, IA 5% $249,800 Noel Anderson, Community Planning and Development Director, commented that the estimate for the project was $200,000. Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 157782 - Klein/Grieder that "Resolution issuing a moratorium on collecting fees from businesses ordered to close by the Governor of the State of Iowa due to the Covid-19 pandemic", be adopted. Roll call vote -Ayes: Five. Nays: Two (Boesen and Morrissey). Motion carried. Mr. Morrissey requested clarification on the item and then changed his vote. Mrs. Klein provided an overview of the resolution and explained the moratorium would apply to just FOG fees and fire inspection fees. Mr. Boesen commented that he has not heard from businesses other than the one that contacted Mrs. Klein and said that in two weeks the Governor intends to reopen businesses and this will end up being a moot point. Resolution adopted and upon approval by Mayor assigned No. 2020-303. 157783 - Morrissey/Grieder that "Resolution urging the Governor of the State of Iowa to pro -rate license fees on all 12-month liquor licenses", be adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Mrs. Juon questioned how much of the liquor license fee comes to the city. Page 10 of 109 May 4, 2020 Page 5 Kelley Felchle, City Clerk, explained that only a portion of the fee would be returned to the city and it is based on the duration of the license. Mrs. Klein questioned why the city would choose this method of communication with the Governor rather than encouraging citizens to contact their state representative. Mr. Morrissey clarified the wording of his resolution. Resolution adopted and upon approval by Mayor assigned No. 2020-304. 157784 - Amos/Grieder that "Resolution approving an Iowa Contaminated Site Environmental Covenant with Chamberlain Manufacturing Corporation and the United States Environmental Protection Agency, for property located at 550 Esther Street, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Amos questioned the purpose of the covenant. Martin Petersen, City Attorney, explained that the covenant is standard with regard to environmental clean-ups and is a requirement of the Environmental Protection Agency. The covenant binds us and any future user as to how the land can be used. Mr. Boesen questioned what the plan is for the site. Martin Petersen explained that the city has engaged in early discussions of an environmental use such as a pollinator scenario with a natural habitat and possibly incorporating trails. Resolution adopted and upon approval by Mayor assigned No. 2020-305. 157785 - Amos/Grieder that "Resolution rejecting the bid of WRH, Inc., of Amana, Iowa, in the amount of $6,292,360, in conjunction with FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-306. 157786 - Amos/Grieder that "Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in the amount of $3,196,984, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements - Phase I, Contract No. 1016, with City matching funds of $3,196,984, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Boesen questioned if a funding is identified for the funding match. Noel Anderson explained that staff has been working with Michelle Weidner to determine the best way to move forward, which may include expanding and combining the San Marnan and Crossroads TIFs as well as future bonding. Mr. Boesen questioned when the Crossroads TIF expires and if soon will council be asked for an extension. Noel Anderson commented that the Crossroads TIF was recently reset and should have approximately 20 years left and explained the various factors that may reset portions of the land. Mr. Boesen questioned the timing of certain portions. Noel Anderson explained there are different areas in each one and he will provide a map for reference. Mayor Hart requested an overview of the RISE funding received. Page 11 of 109 May 4, 2020 Page 6 Noel Anderson provided an overview of the projects. Resolution adopted and upon approval by Mayor assigned No. 2020-307. 157787 - Feuss/Morrissey that "Resolution approving a Professional Services Agreement with MMS Consultants, Inc., of Iowa City, Iowa, in an amount not to exceed $105,000, in conjunction with the FY 2020 Newell Street Rise Project, Contract 991, 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. 2020-308. 157788 - Feuss/Morrissey that "Resolution approving the Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $59,900, in conjunction with water main improvements near the Waterloo Regional Airport, 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. 2020-309. 157789 - Feuss/Morrissey that "Resolution approving a Farm Lease Agreement with Luke Weston, to farm approximately 67.83 acres of land for the 2020 growing season, generally located near the northeast corner of Independence Avenue and Northeast Drive, in the amount of $215 per acre, for a total yearly payment of $14,583.45, and authorizing the Mayor and City Clerk to execute said agreement", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-310. 157790 - Morrissey/Grieder that "Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11- 1-13 Variances, relating to the approval of the Preliminary Plat of Paradise Estates Addition, subject to the condition that any final plat or final plats for any portion of the approved Preliminary Plat of Paradise Estates Addition submitted for approval on or prior to May 14, 2022 shall be subject to any new zoning restrictions or subdivision regulations adopted by the City of Waterloo prior to submittal of any such Final Plat for any portion of said area", be adopted. Roll call vote -Ayes: Four. Nays: Three (Boesen, Grieder, and Juon). Motion carried. Rick Morris, Attorney for Mr. Anderson, provided an overview of the request. He explained there would be a lot of potential housing of various sizes and expense on the 128-acres and Mr. Anderson is seeking assistance in the development of the property. Mr. Grieder questioned what legwork is required to make sure that the project is moving forward in 2022. Noel Anderson commented that Mr. Anderson has done other development within the community and has the ability to do the project. It is the largest subdivision the city has seen and platted at one time, staff is supportive of the project, and this is just another step that will allow flexibility in the process. Rick Morris commented that his client has had some health issues that have affected the timeline and noted the efforts that have been made to date. Bob Manning, Board of Realtors, explained the history behind the project. He stated that Mr. Anderson was looking for partners on the project but has not yet been able to do so and added that he thinks it is taking way too long to get the development started. Mayor Hart questioned the stage of the process. Page 12 of 109 May 4, 2020 Page 7 Noel Anderson provided an overview and explained the next step if council approves the variance request. Mr. Boesen commented that he did not recall that in 2018 the city was going to put a road in. He stated that he is in favor of denying the request then having the developer put the project together and bring it back to the council in a more completed form. Rick Morris commented that a lot of time, money, and energy have been put into the project to date. He commented that turning down the request would be sending an anti -business and anti -development message to the community. Mayor Hart commented that the council and public have not had an update on the project in a long time. He questioned what kind of communication the council and residents can expect in the future from Mr. Anderson on this project. Rick Morris commented that a commitment would be needed from other residential housing developers to assist Mr. Anderson with such a large project, so it would really depend on who is in charge of the development and stated that he is not familiar with developers giving press releases or conferences on what is happening with their projects. Mayor Hart commented that council has been supportive of the project and in the past developers in the community have come to council and provided an update to keep council in the loop. Mrs. Klein commented that the land is privately owned and that she does not support voting down an extension on property owned by the developer. Mr. Amos commented that it does not make sense to turn down this request for additional time. Mr. Manning commented on how Orange School acquired the property. Noel Anderson explained that Mr. Anderson sold the property to Orange School for its development and was flexible in working with the school to develop a layout that would allow for the future development of housing. Mr. Morrissey questioned if the delay could be reduced to six months and stated that he does not like seeing contracts made and then the council repeatedly having to come back and grant extensions. Mayor Hart commented that he does not vote but he is in a conundrum about how to balance housing, taxable value and potential decreases in fees this year. Rick Morris commented that they have requested two years as the pandemic has created an environment that is difficult to meet face-to-face and get the time needed to work things out. He stated that he and his client would prefer to not come back every six months asking for an extension as the project continues to move forward. Mrs. Juon commented that she is disappointed to know that Mr. Anderson did not have a partner identified at the outset of the project. She questioned if a covenant could be considered for the land. Rick Morris commented that he does have experience with this kind of work and a covenant is part of a deed of dedication, which comes during a final plat. He commented that it is disconcerting to hear that council does not want to give additional time to get this project off the ground. Mayor Hart cautioned council on sharing personal opinions of what the developer does or does not want to do or his motives. Mr. Feuss questioned what the city is being asked to do as part of the project, including streets, lift stations, sewer, etc. Noel Anderson explained that the city might need to install a lift station or extend a sewer main to the southern portion of the lots. Mr. Boesen commented that nobody on the council is against development but he does not see what the extension is going to accomplish and would prefer to see Mr. Anderson go back and get everything Page 13 of 109 May 4, 2020 Page 8 in order then re -present it to the planning and zoning commission so that the city isn't stuck with a two-year end date. Noel Anderson confirmed that if council denies the request the developer would need to return to the planning and zoning commission for both the preliminary and final plat approvals before coming back to council. Mrs. Klein commented that the council has worked with many other developers with lengthy delays and does not understand the upset over this delay with the man who owns the property. Mr. Grieder commented that the council is elected to ask questions and that asking questions of why a delay is occurring is warranted, particularly if the city is being asked to go into partnership with them. Mayor Hart requested clarification on whether the city is building streets for the project. Noel Anderson commented that the city is not being asked to build streets and that streets are the responsibility of the developer. Resolution adopted and upon approval by Mayor assigned No. 2020-311. 157791 - Morrissey/Grieder that "Resolution approving an Early Access Agreement with 4FI Waterloo, LLC to begin certain activities in preparation for development of the site east of 1994 Newell Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-312. 157792 - Feuss/Grieder that "Resolution approving a Supplemental Agreement for a Professional Services with Terracon Consultants, Inc. of Cedar Falls, Iowa, originally executed April 12, 2019, in an amount not to exceed $20,189.00, in conjunction with the Bio-solids Modification Project for Geotechnical (material testing) services, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-313. 157793 - Feuss/Grieder that "Resolution accepting Grant No. 3-19-0094-048-2020 from the USDOT and FAA, in the amount of $300,000, via the CARES Act and Public Law 116-136, for reimbursements to the Waterloo Regional Airport for lost revenue associated with the COVID-19 pandemic, and authorize the Mayor and City Attorney to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-314. ADJOURNMENT 157794 - Feuss/Grieder that the Council adjourn at 7:08 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 14 of 109 CITY OF WATERLOO Council Communication Proclamation Declaring the Week of May 10-16, 2020 as National Police Week and Declaring May 13, 2020 as Peace Officer's Memorial Day. City Council Meeting: 5/11/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kendra Approved 5/4/2020 - 12:10 PM Clerk Office Higby, Nancy Approved 5/6/2020 - 9:07 AM ATTACHMENTS: Description Type o National P olice Week Cover Memo Submitted by: Submitted By: Page 15 of 109 c c CITY OF W'ATEELOO, IOlirA PROCLAMATION NATIONAL POLICE WEEK PACE OFFICER'S MEMORIAL DAY WHEREAS, the Congress of the United States of America has designated the week of May 10 - 16, 2020, as "National Police Week" and May 13th of this year to be "Peace Officer's Memorial Day"; and YfIEE1kS, the Law Enforcement Officers are our guardians of life and property, defenders of the individual right to be free men and women, warriors in the war against crime and dedicated to the preservation of life, liberty and the pursuit of happiness; and WHEREAS, it is known that all too often Police Officers are killed in the line of duty nationwide. Our community joins with other cities and towns to honor all Peace Officers everywhere. NOW THEREFORE, BE IT RESOLVED„ that I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of May 10 - 16, 2020, as NATIONAL POLICE WEEK nd order all flags on all City facilities be flown at half-staff on May 13, 2020, on PEACE OFFICER'S MEMORIAL DAY I call upon all citizens to honor and show our sincere appreciation for the Police Officers of this city by deed, remark, and attitude. I also call upon all our citizens to make every effort to express their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing we re protected by men and women willing to sacrifice their lives, if necessary, to guard ur loved ones, property and government against all who would violate the law. IN WITNESS IA/HEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 11th day of May, 2020. ATTEST: Kelley Felc�e - Quentin Hart City Clerk Mayor Page 16 of 109 CITY OF WATERLOO Council Communication Proclamation Declaring May 9, 2020 as World Migratory Bird Day. City Council Meeting: 5/11/2020 Prepared: REVIEWERS: Department Reviewer Action Date Mayor Office Wyatt, Kendra Approved 5/7/2020 - 2:28 PM Clerk Office Even, LeAnn Approved 5/7/2020 - 6:04 PM ATTACHMENTS: Description Type ❑ World Migratory Bird Day Cover Memo Submitted by: Submitted By: Page 17 of 109 (o CITY OF WATERLOO, IOWA WHEREAS, WHEREAS, WHEREAS, PROCLAMATION nature lovers around the world are celebrating World Migratory Bird Day on May 9, 2020, which supports our moral responsibility to protect birdlife; and Waterloo, having been officially recognized as Iowa's first Bird Friendly Community, has taken steps and will continue to take steps to improve conditions necessary for the health and welfare of our nesting and migratory birds; and Waterloo is taking measures to educate and engage people in birding and wildlife conservation; and Over 300 migratory and resident bird species use the various habitats in Waterloo for feeding and nesting; and Birds and bird -related activities have a significant economic impact; and Promoting abundant, sustainable bird populations and healthy habitats benefits our world's biodiversity and human society. NOW, THEREFORE,I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim May 9, 2020, as WORLD MIGRATORY BIRD DAY in Waterloo, Iowa, and urge all citizens to celebrate this observance and to support efforts to protect and conserve birds and their habitats in our community and the world at large throughout the year. IN YWITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 11th day of May 2020. ATTEST: Kelley Felchle Quentin Hart City Clerk Mayor O Page 18 of 109 CITY OF WATERLOO Council Communication Resolution accepting a U.S. Department of Justice FY20 Coronavirus Emergency Supplemental Funding Program Grant for local communities affected by the COVID-19 virus in the amount of $190,086 and authorizing the Mayor to execute said documents. City Council Meeting: 5/11/2020 Prepared: 5/4/2020 REVIEWERS: Department Reviewer Action Date Police Department Mohlis, Dave Approved 5/4/2020 - 12:17 PM Clerk Office Higby, Nancy Approved 5/6/2020 - 9:40 AM ATTACHMENTS: Description Type ❑ Award Letter Covid Grant Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution accepting a U.S. Department of Justice FY20 Coronavirus Emergency Supplemental Funding Program Grant for local communities affected by the COVID-19 virus in the amount of $190,086 and authorizing the Mayor to execute said documents. Submitted By: Dave Mohlis, Police Captain Approval of Bureau of Justice Assistance, FY20 Coronavirus Emergency Supplemental Funding Program grant in the amount of $190.086.00 and authorize the Mayor to sign grant documents. The Waterloo Police Department has been approved by the U.S. Department of Justice for a no match Coronavirus Emergency Supplemental Funding Program grant up to $190,086.00 for cost related to the virus outbreak. Expenditure Required: None. There is no match for this grant. Source of Funds: Federal Grant Funds Policy Issue: None Alternative: None Background Information: U. S. Department of Justice has authorized emergency funding for the local depaiinients to assist in funding for the Corona virus. The Police Department has been allocated up to $190,086.00. Page 19 of 109 Department of Justice (DOJ) Office ofJustice Programs Office of the Assistant Attorney General 13'asLmglnn, D.C. 20531 May 1, 2020 The Honorable Quentin Hart Waterloo City 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Hart: On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office ofJustice Programs (OJP), U.S. Department ofJustice (DOJ), has approved the application by Waterloo City for an award under the OJP funding opportunity entitled "BJA FY 20 Coronavirus Emergency Supplemental Funding Program." The approved award amount is $190,086. These funds are for the project entitled Waterloo Police Department COVID-19 Response Project. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should Waterloo City accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Andera Hawkins, Program Manager at (202) 514-3904; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.oefo@usdoj.gov. We look forward to working with you. Sincerely, Katharine T. Sullivan Principal Deputy Assistant Attorney General Encl. Page 20 of 109 CITY OF WATERLOO Council Communication Resolution approving a Lease Agreement with C & S Car Company, for a 2020 Hyundai Sante Fe, VIN#5NMS33AD8LH143049, to be used by the School Resource Unit for a six (6) month period at no cost to the City, and authorizingthe Mayor to execute said document. City Council Meeting: 5/11/2020 Prepared: 5/5/2020 REVIEWERS: Department Reviewer Action Date Police Department Mohlis, Dave Approved 5/5/2020 - 11:18 AM Clerk Office Higby, Nancy Approved 5/6/2020 - 9:39 AM ATTACHMENTS: Description Type ❑ C & S Car Co Lease Agreement May 2020 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving a Lease Agreement with C & S Car Company, for a 2020 Hyundai Sante Fe, VIN#5NMS33AD8LH143049, to be used by the School Resource Unit for a six (6) month period at no cost to the City, and authorizing the Mayor to execute said document. Submitted By: Dave Mohlis, Police Captain Request that the City Council pass a resolution authorizing Mayor Hart to sign the lease agreement with C & S Car Company for a 2020 Hyundai Sante Fe vehicle to be used by the School Resource Officers for a 6 month period at no cost to the city. This is a 6 month lease to supply a vehicle to the School Resource Unit of the Waterloo Police Department. C & S Car Company has donated the use of a new vehicle for many years to the Police Department to be used the School Resource Unit. Expenditure Required: None Source of Funds: None Policy Issue: N/A Alternative: N/A Background Information: N/A Legal Descriptions: N/A Page 21 of 109 AUTOMOBILE LEASE AGREEMENT This Agreement is made and entered into this 11th day of May 2020, by and between C & S Car Company Hyundai Mazda Subaru, with its principal place of business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715 Mulberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of selling motor vehicles; and WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Department, a 2020 Hyundai Santa Fe SEL, VIN # 5NMS33AD9LH143049 WHEREAS, City is in need of a vehicle for the purposes of its Life Skills Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehicle described above from May 11th 2020, to November 11th 2020, unless the Lessor shall extend this Lease Agreement. 2. VEHICLE USE. (a) The Lessee shall not use or permit any leased vehicle to be used for any illegal purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flammable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the illegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor, the Lessee shall not leave the State of Iowa with the leased vehicle. (c) The Lessee shall not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufficiently inflated tires. -1- Page 22 of 109 (d) The Lessor shall not be responsible for loss or damage to any goods or other property placed or carried in any leased vehicle arising from any cause whatsoever. (e) The Lessee shall not accrue more than 4,000 miles on the vehicle in any six (6) month period. 3. OPERATION. (a) The leased vehicle shall be operated by a safe, competent, and duly licensed driver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate the complaint, and if warranted, remove the driver and replace him or her with a competent substitute. (b) The Lessee and its drivers shall be solely responsible for individual fines and penalties for parking or traffic violations. If the Lessor is required to pay any fine or summons, it may bill the Lessee for them. 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the leased vehicle in good and operating condition. If the necessary repairs exceed the amount of $100.00 in any one given month, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. 5. LIABILITY. The Lessee shall be liable for all damages caused by collision, upset, or overturn of the leased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. 6. INSURANCE. (a) The Lessee, at its own expense shall insure the leased vehicle against all loss and carry liability insurance in limits of not less that $1,000,000 for any one person injured or killed, not less than $1,000,000 for more than one person in any one accident and not less than $100,000 for damage to property of others in any one accident. (b) The Lessee shall comply with all the terms and conditions of the insurance policies covering the leased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a leased vehicle, a written report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the leased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other damages may be provided by the Lessee through its own self - insured program. -2- Page 23 of 109 7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall: (a) Notify the Lessor immediately as to any damage caused to the leased vehicle; (b) Periodically wash the leased vehicle, and keep it clean, both inside and out; (c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants for its operation; (d) Check the leased vehicle for antifreeze and oil and add, if necessary; the Lessee will be solely responsible for damages caused by lack of oil, lubricants, or antifreeze; (e) Check the tires of the vehicle for proper inflation; the Lessee will be solely responsible for tire damage due to improper inflation; (f) Carry sufficient Workers' Compensation or other work -related injury/disability insurance coverage for the Lessee's drivers and other employees operating the leased vehicle. 8. LICENSE AND REGISTRATION. The leased vehicle shall bear a license plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in licensing and registering the leased vehicle shall be borne by the Lessee. Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title, lease agreement, application for registration, and state plates to the Iowa Department of Transportation. 9. OWNERSHIP. This is a lease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the leased vehicle, except that which is consistent with the provisions of this Lease Agreement. 10. RETURN. Upon the termination of this lease, the leased vehicle, at the expense of the Lessee shall be returned to the Lessor's place of business in good condition, reasonable wear and tear excepted. Lessee will be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at all times to inspect and examine the leased vehicles and permit the Lessor at any time to replace any such vehicle with one of like make and body. 12. EXTENSION OF THE LEASE TERM. On November 12th 2020, the Lessor may opt to extend the lease by an express written amendment to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the -3- Page 24 of 109 purpose which it is used. The Lessor agrees that the City may affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this lease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or sublet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any liability for any acts or omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless from any and all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting from the use and/or operation of the leased vehicle by the Lessee, including any expenses and attorney's fees which the Lessor may incur in defending any such claims, except such claims or portions thereof as are covered by applicable insurance as otherwise herein provided. 16. BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. The Lessee may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the leased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the leased vehicles, or abandon or conceal the leased vehicles. 17. ENTIRE AGREEMENT. This lease represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. This lease shall not be modified or amended except by an agreement in writing signed by the parties. 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered mail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Captain Mohlis, Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, telephone number (319) 291-4339. For the Lessor, George Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321. -4- Page 25 of 109 19. GOVERNING LAW. This lease shall in all respects be governed by and construed in accordance with the laws of the State of Iowa. 20. HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret or construe its provisions. 21. COUNTERPARTS. This lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. DATED this _11th day of May, 2020. CITY OF WATERLOO, IOWA The Lessee By: Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss: BLACK HAWK COUNTY ) On this day of May 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the corporate sale of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of May 2020, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa -5- Page 26 of 109 C & S CAR COMPANY HYUNDAI MAZDA SUBARU The Lessor By: STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of May, 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa -6- Page 27 of 109 CITY OF WATERLOO Council Communication Resolution approving award of contract to Woodruff Construction LLC, of Waterloo, Iowa, in the amount of $199,890, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements Project, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 5/11/2020 Prepared: 5/4/2020 REVIEWERS: Department Building Department Clerk Office SUBJECT: Submitted by: Recommended Action: Reviewer Ahlhelm, Greg Even, LeAnn Action Approved Approved Date 5/4/2020 - 4:37 PM 5/5/2020 - 9:45 AM Resolution approving award of contract to Woodruff Construction LLC, of Waterloo, Iowa, in the amount of $199,890, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center Skywalk Improvements Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval Page 28 of 109 Bond No. 54230843 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: May 07, 2020 SURETY: (Name, legal status and principal place of business) United Fire & Casualty Company P.O. Box 73909 Cedar Rapids, IA 52407-3909 Mailing Address for Notices P.O. Box 73909 Cedar Rapids, IA 52407-3909 Amount: $ $199,890.00 (One Hundred Ninety-nine Thousand Eight Hundred Ninety And No/100) Description: Five Sullivan Brothers Convention Center Skywalk Improvements, Waterloo, IA Nacre and location) BOND Date: May 13, 2020 (Not earlier than Construction Contract Date) Amount: $ $199,890.00 (One Hundred Ninety-nine Thousand Eight Hundred Ninety And No/100) Modifications to this Bond: ® None CONTRACTOR AS PRINCIPAL Company: Woodruff Construction, LLC Signature: Name and Title: (Corporate Seal) Sec Section 16 (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: Holmes, Murphy and Associates, LLC 2727 Grand Prairie Parkway Waukee, IA 50263 (515) 223-6800 SURETY Company: United Fire & Ca Signature: Name and Title: This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. alty Company Dione R. Young Attorney -in -Fact OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) I & S Group, Inc. 314 East 4th Street Waterloo, IA 50703 (Corporate Seal) 5-1852/AS 8/10 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 Hale Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Omer declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, thc Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine thc amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, thc Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay thc Balance of thc Contract Price, the Surety is obligated, without duplication, for .1 thc responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5. 1, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract, and thc Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than thc Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of thc work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, thc Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. 'Me agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: (Corporate Seal) Name and Title: Name and Title: Address Address S-1852/AS 8/10 Bond No. 54230843 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) Woodruff Construction, LLC 1717 Falls Avenue Waterloo, IA 50701 OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONSTRUCTION CONTRACT Date: May 07, 2020 SURETY: (Name, legal status and principal place of business) United Fire & Casualty Company P.O. Box 73909 Cedar Rapids, IA 52407-3909 Mailing Address for Notices P.O. Box 73909 Cedar Rapids, IA 52407-3909 Amount: $ $199,890.00 (One Hundred Ninety-nine Thousand Eight Hundred Ninety And No/100) Description: Five Sullivan Brothers Convention Center Skywalk Improvements, Waterloo, IA (Nance and location) BOND Date: May 13, 2020 (Not earlier than Construction Contract Date) Amount: $ $199,890.00 (One Hundred Ninety-nine Thousand Eight Hundred Ninety And No/100) Modifications to this Bond: ® None See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Woodruff Construction Signature: Name and Title: (Any additional signatures appear on the last page of this Payment Bond) (FOR &VFORtMITION ONLY — Name, address and telephone) AGENT or BROKER: Holmes, Murphy and Associates, LLC 2727 Grand Prairie Parkway Waukee, IA 50263 (515) 223-6800 SURETY Company: United Fire & C Signature: Name and Title: Dione R. Young Attorney -in -Fact OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) I & S Group, Inc. 314 East 4th Street Waterloo, IA 50703 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, (Corporate Seal) 5-2149/AS 8/10 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the perfonnance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have scnt a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 6 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided undcr Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 5-2149/AS 8/10 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Constmction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1,2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minhnum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, S-2149/AS 8/10 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parries, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: (Corporate Seal) Name and Title: Name and Title: Address Address S-2149/AS 8/10 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 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 CRAIG E. HANSEN, JAY D. FREIERMUTH, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM MCCULLOH, STACY VENN, SHIRLEY BARTENHAGEN, DIONE R. YOUNG, KEVIN J. KNUTSON, MICHELLE GRUIS, KATHLEEN BREWER, SETH D. ROOKER, SYDNEY BURNETT, EACH INDIVIDUALLY Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attorney(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 $100,000,000.00 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 is continuous and shall remain in full force and effect until 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 Boards of 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 Attorney -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 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 of 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. N IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its QP`4o o lyc�' vice president and its corporate seal to be hereto affixed this 15thday of January, 2014 -�i �OLV2; ��;0_ =U: :3:_ 1906 La "6"'mun111999° `. UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By: State of Iowa, County of Linn, ss: V Vice President On 15th day of January,2014, 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 acknowledges same to be the act and deed of said corporations. Judith A. Jones Iowa Notarial Seal Commission number 173041 My Commission Expires 04/23/2021 Notary Public My commission expires: 04/23/2021 I, Mary A. Bertsch, Assistant Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY 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 correct 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 testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 1301 day of May , 2020 . By: A Assistant Secretary, UF&C & UF&I & FPIC AcaRif CERTIFICATE OF LIABILITY INSURANCE 05/13/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-247-7756 Holmes Murphy 6 Assoc - WDM PO Box 9207 Des Moines, IA 50306-9207 CONTACT NAME: PHONE FAX (A/C No. Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: UNITED FIRE & CAS CO 13021 INSURED Woodruff Construction LLC 1890 Kountry Lane Ft. Dodge , IA 50501 INSURER B: TRAVELERS PROP CAS CO OF AMER 25679 INSURER C AMERISURE PARTNERS INS CO 11050 INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 59249034 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 60373583 07/01/19 07/01/20 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PRDAMEMI ET ES (Eaoccurrence) AG RENTED occ $ 300,000 X Includes XCU MED EXP (Anyone person) $ 10,000 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 60373583 07/01/19 07/01/20 COMBINE (EaaccideDnt)SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE ZUP10T3996219NF 07/01/19 07/01/20 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20, 000, 000 DED X RETENT DNS 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N NIA WC20930340405 07/01/19X 07/01/20 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Five Sullivan Brothers Convention Center - Skywalk Improvements - Project No. 19-23770 City of Waterloo, Iowa (Owner) and ISG, Inc. (Architect), along with their respective officers, agency and employees ar included as Additional Insureds on the General Liability on a primary and noncontributory basis when required by writte contract or agreement. Additional Insured in favor of architects/engineers applies to ongoing operations only. CERTIFICATE HOLDER City of Waterloo 715 Mulberry St Waterloo, IA 50703 I USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE {� �1 /� ACORD 25 (2016/03) lhamiltonwdsm c c)n QnYA © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CG 72 01 07 17 C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II - WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following : a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured - Owners, Lessees or Contractors -Automatic Status When Required in Construction or Service Agreement With You — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 13 CG 72 01 07 17 c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured — Products Completed Operations Coverage — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of "your work" specified in the "written contract" and included in the "products -completed operations hazard". However: (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Such coverage will not apply subsequent to the first to occur of the following: i. The expiration of the period of time required by the "written contract"; or ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work". c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. (3) CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 13 CG 72 01 07 17 7. Additional Insured - Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub -paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (f) (g) CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 13 CG 72 01 07 17 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured — Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 13 CG 72 01 07 17 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap -Up) Off -Premises Operations Only - Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection 13. Additional Insured - Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED is amended to read: a. "Bodily injury" or "personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 13 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 13 CG 72 01 07 17 c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added : 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G - Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of "product recall expenses" which are in excess of the deductible amount. The deductible applies separately to each "product recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION II — WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III - LIMITS OF INSURANCE, a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D - Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 13 CG 72 01 07 17 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE , a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 15. Subject to 5. of SECTION III — LIMITS OF INSURANCE , the most we will pay for "property damage" under Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of "occurrences". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence" took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. (b) If a claim is made or "suit" is brought against any insured, you must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 13 CG 72 01 07 17 B. The following are added: 10. Condition (5) of 2. "Duties in the event Occurrence, Offense, Claim or Suit" c. You or any other involved insured must: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 11. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. 12. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 13. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 14. The following conditions are added in regard to Coverage G - Product Recall Expense In event of a "product recall", you must a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. Cooperate with us in the investigation or settlement of any claim. Assist us upon our request, in the enforcement of any rights against any person or organization liable to you because of loss to which this insurance applies. 15. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract" in the DEFINITIONS section of this endorsement: d. e. f. a. b. c. which may be Railroad Protective Liability coverage provided by Railroad Protective Liability Coverage Form (CG 00 35) with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. Any amendment to the Other Insurance condition of Railroad Protective Liability Coverage 35) alters the primacy of the coverage or which impairs our right to contribution will rescind afforded by the redefined "insured contract" language. For the purposes of the Other Insurance condition of Railroad Protective Liability Coverage 00 35) you, the named insured, will be deemed to be the designated contractor. Form (CG 00 any coverage Form (CG CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 13 CITY OF WATERLOO Council Communication Resolution approving award of contract to Peters Construction Corp. of Waterloo, Iowa, in the amount of $939,810, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 5/11/2020 Prepared: 5/4/2020 REVIEWERS: Department Building Department Clerk Office SUBJECT: Submitted by: Recommended Action: Reviewer Ahlhelm, Greg Even, LeAnn Action Approved Approved Date 5/4/2020 - 4:37 PM 5/5/2020 - 9:44 AM Resolution approving award of contract to Peters Construction Corp. of Waterloo, Iowa, in the amount of $939,810, and approving the contract, bonds and certificate of insurance, in conjunction with the Five Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approval Page 29 of 109 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 26, 2020 to approve the request by the City of Waterloo to vacate, sell and convey a portion of Oregon Street right-of-way, located between Washington Street (Highway 218) and Williston Avenue, west of 1628 Washington Street (Lowell Elementary) to the Waterloo Community School District, in the amount of $1.00, and instruct the City Clerk to publish notice. City Council Meeting: 5/11/2020 Prepared: 5/6/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/6/2020 - 10:35 AM Clerk Office Higby, Nancy Approved 5/6/2020 - 10:52 AM ATTACHMENTS: Description Type D Council Attachments Cover Memo D Plat of Survey Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution setting date of public hearing as May 26, 2020 to approve the request by the City of Waterloo to vacate, sell and convey a portion of Oregon Street right-of-way, located between Washington Street (Highway 218) and Williston Avenue, west of 1628 Washington Street (Lowell Elementary) to the Waterloo Community School District, in the amount of $1.00, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval The right-of-way in question runs north and south between the Waterloo Community School Administration Building and Lowell Elementary and may have been for the future extension of Oregon Street. Once the right-of-way is vacated the property will be sold to the Waterloo Community School District and a utility easement will need to be retained over a majority of the area as there is a 24" sanitary sewer line that runs along the easterly side of the right-of-way. The right-of-way in question may have been vacated in the early 1900's, however, there is no documentation that the vacate process was ever finalized by Waterloo City Council. Therefore staff is making the request at this time to finalize that action. None N/A Disposal of City Property. Page 30 of 109 Parcel "G" Description: Legal Descriptions: Parcel "G" of the Southwest Quarter (SW 1/4), Section 25, Township 89 North, Range 13 West of the 5th Principle Meridian, City of Waterloo, Black Hawk County, Iowa, being that portion of the platted and unnamed 33-foot wide public right-of-way along the east side of Hallock's Plat of Outlots, being more particularly described as follows: Beginning at the northeast corner of Lot 39, Hallock's Plat of Outlots; thence South 48°58'23" East 44.63 feet along the southwesterly right-of-way of Washington Street to the northwest corner of Lot 7, Anthony Baker's Plat of Outlots; thence South 00°48'26" East 788.47 feet along the west line of said Lot 7 to the north right-of-way line of Williston Avenue, as currently established, said north right-of-way line being 30 feet north of the south line of said Lot 7; thence South 89°39'42" West 33.00' along the north right-of- way line of Williston Avenue to the east line of Lot 34, Hallock's Plat of Outlots, said north right-of-way line being 30 feet north of the south line of Hallock's Plat of Outlots; thence North 00°48'26" West 761.34 feet along the east lines of Lots 34, 33, and 26 of Hallock's Plat of Outlots to the northeast corner of said Lot 26; thence North 01°03'55" West 56.63 feet along the east line of said Lot 39 to the point of beginning, containing 26,510 square feet (0.61 acres), subject to an easement for sewers over, under, across, and upon the entire parcel except for the following area: Commencing at the northeast corner of Lot 26, Hallock's Plat of Outlots; thence South 0°48'26" East along the east line of said Lot 26, 113.5 feet to the point of beginning of this exception; thence North 89°11'34" East, normal with the said east line,16.0 feet; thence South 0°48'26" East, parallel with said east line, 75.0 feet ; thence South 89° 11'34" West, normal with said east line, 4.0 feet; thence South 0°48'26" East, parallel with said east line, 92.0 feet; thence South 89° 11'34" West, normal with said east line, 12.0 feet to the east line of Lot 26; thence North 0°48'26" West, along the east line of Lot 26, 167.0 feet to the point of beginning. Page 31 of 109 March 3, 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: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO Request by the City of Waterloo to vacate approximately 33' x 818' (26,994) SF of Oregon Street right-of-way located west of 1628 Washington Street (Lowell Elementary). City of Waterloo, 715 Mulberry Street, Waterloo Iowa, 50703. The applicant is requesting to vacate the right-of-way with the intent of selling to the Waterloo Community School District. The request to vacate the easement would not appear to have a negative impact on the neighborhood. The request to vacate the right-of-way will not impact pedestrian or traffic conditions in the immediate vicinity. There is a recreational trail along the north side of Washington Street, as well as the downtown River Loop Recreational Trail further north of the site along the Cedar River. The property in question and areas to the east and west are zoned "R-3" Multiple Family Residence District, and have been zoned as such since adoption of the Zoning Ordinance in 1969. Surrounding land uses and there zoning are as follows: North — "M-1" Light Industrial District. South — "R-2" One and Two Family Residence District. East — "R-3" Multiple Family Residence District. West- "R-3" 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. Immediately to the west is the Waterloo Community School District Administration Office and to the east is Lowell Elementary. There is Residential south of Williston Avenue, and Light Industrial north of Highway 218/Washington Street. The right-of-way being vacated is not located in a 100-year floodplain as indicated by the Flood Insurance Rate Map No. 1900025 0169F. Lowell Elementary is immediately to the east. There is a 24" sanitary sewer line that runs along the easterly right- of-way line in the area to be vacated. Therefore, a utility easement over the area to be vacated will need to be retained. The Future Land Use Map designates the area as Low Density Oregon Street Easement Vacate Page 1 of 2 Page 32 of 109 March 3, 2020 COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Residential, and this request would be in compliance with such designation. The right-of-way in question runs north and south between the Waterloo Community School Administration Building and Lowell Elementary and may have been for the future extension of Oregon Street. Once the right-of-way is vacated the property will be sold to the Waterloo Community School District and a utility easement will need to be retained over the entire area as there is a 24" sanitary sewer line that runs along the easterly side of the right-of-way to be vacated. The right-of-way in question was vacated in the early 1900's, however, there is no evidence that the vacate process was ever finalized by Waterloo City Council. Therefore staff is making the request at this time to finalize that action. There would be no platting required in relation to the request. Therefore, staff recommends the request by the City of Waterloo to vacate 33' x 818' (26,994) SF of Oregon Street right-of-way located west of 1628 Washington Street be approved for the following reasons: 1. The request to vacate the right-of-way would not appear to have a negative impact on the surrounding area. 2. The request to vacate right-of-way would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area is no longer needed for right-of-way purposes. And subject to: 1. That a utility easement be retained over the entire area being vacated. Oregon Street Easement Vacate Page 2 of 2 Page 33 of 109 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 Cedar River West of 1628 Washington Street Vacate of Oregon Street Waterloo Public Schools Page 34 of 109 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 West of 1628 Washington ROW Vacate Waterloo Pubic Schools Page 35 of 109 Oregon Street Vacate Looking northeast from Williston toward Washington. Looking north from Williston. Looking south from driveway off of Washington. Looking southwest along the back of the existing Lowell Elementary. Page 36 of 109 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property G7T703 Applicant: [-fl \\ of V•ifilftUDO Address:? ( pl VL�P�-J C/ (..A4 ilhone No.: 3l -cf? )—(f 3a0 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($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: 1V/A Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: �6 r( 5. Other: Please provid a site .. a d/or aerial photo of the area to be vacated if the request involves addition. c as so for the request. Z;2L20 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 37 of 109 Index Legend Location Description: Hallock's Plat of Outlots, City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo Surveyor: William W. Castle Surveyor Company: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Parcel "G" of the SW 1/4, Sec. 25, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Parcel "G" Description: That portion of the platted and unnamed 33-foot wide public right-of-way along the east side of Hallock's Plat of Outlots, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the northeast corner of Lot 39, Hallock's Plat of Outlots; thence South 48°58'23" East 44.63 feet along the southwesterly right-of-way of Washington Street to the northwest corner of Lot 7, Anthony Baker's Plat of Outlots; thence South 00°48'26" East 788.47 feet along the west line of said Lot 7 to the north right-of-way line of Williston Avenue, as currently established, said north right-of-way line being 30 feet north of the south line of said Lot 7; thence South 89°39'42" West 33.00' along the north right-of-way line of Williston Avenue to the east line of Lot 34, Hallock's Plat of Outlots, said north right-of-way line being 30 feet north of the south line of Hallock's Plat of Outlots; thence North 00°48'26" West 761.34 feet along the east lines of Lots 34, 33, and 26 of Hallock's Plat of Outlots to the northeast corner of said Lot 26; thence North 01 °03'55" West 56.63 feet along the east line of said Lot 39 to the point of beginning, containing 26,510 square feet (0.61 acres), subject to an easement for sewers over, under, across, and upon the entire parcel except for the following area: Commencing at the northeast corner of Lot 26, Hallock's Plat of Outlots; thence South 0°48'26" East along the east line of said Lot 26, 113.5 feet to the point of beginning of this exception; thence North 89°11'34" East, normal with the said east Iine,16.0 feet; thence South 0°48'26" East, parallel with said east line, 75.0 feet ; thence South 89°11'34" West, normal with said east line, 4.0 feet; thence South 0°48'26" East, parallel with said east line, 92.0 feet; thence South 89°11'34" West, normal with said east line, 12.0 feet to the east line of Lot 26; thence North 0°48'26" West, along the east line of Lot 26, 167.0 feet to the point of beginning. Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letter "G" assigned by the Black Hawk County Auditor's Office on April 27, 2020. I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the PRELIMINARY William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2021. Pages or sheets covered by this seal : City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: April 2020 Date Drawn: April 28, 2020 Sheet No. 1 of 2 Page-38 of-109 Plat of Survey Parcel "G" SW 1/4, Section 25, T89N, R13W City of Waterloo, Black Hawk County, Iowa o ' cl,\ 6. POB Line Table 0 / �!J / ,, / / ° �O / k��j sO A L1 �Cf ��� A L2 �0 ! / A%)' LOT 39 PARCEL "G" (44.63' S 48°58'23" E) B J 0 75 L1 - 50' D 49.95' R (49.93') (S 48°54'07" E) L2 - 55.00' R (54.95') (S 48°49'30" E) L3 - 123.65' R (123.55') (S 89°51'17" W) L4 - 123.68' R (123.55') (N 41°04'11" E) L5 - 30' (30.07') (N 01°29'30" W) L6 - 30' (30.09') (S 00°48'26" E) 150 L7 - 33' (33.00') (S 89°39'30" W) ?PI ill/ L3 C L8 - 30' (30.10') (N 00°48'26" W) B R 56.72' (56.63') (N 01°03'55" W) 1 \ sj, Scale: 1" = 150' L9 - 30' (30.11') (N 0°20'30" W) \ -/C D - DEED; R - MISC 309 PG 387 \ o \ + Survey Notes: EASEMENT POC I NILOT 26 SEWER EASEMENT _ EXCEPTION SEE DETAIL "A" I 297'SW (33.00') 1. The Bearings shown on this survey \ / are derived from GPS observations using the Iowa State Plane \ Gs A. yCoordinate System, North Zone, \\ \ 1 NAD 83 (2011). a> ? 2. All dimensions are in US Survey feet PARCEL "G"\ q,..„ 78 and decimals thereof. 8 3. Parcel letter "G" assigned bythe 1 /4, 25-89-13 6's LOT 33 " -- 7� N HALLOCK'S . PLAT OF o OUTLOTS - ? co r 297' Black Hawk County Auditor's Office w 26,510 SF (0.61 Acres) F8Sa4z,, on April 27, 2020. N LOT 7 Co e \ o ANTHONY \ \ BAKER'S PLAT OF \ n OUTLOTS \ \is, \ l WEST LINE OF BAKER'S OUTLOTS & EAST LINE OF HALLOCK'S OUTLOTS & I WEST LINE OF SE 1/4 SW 1/4 SEC. 25, \ \� N LOT 34 T89N, R13W D 6b, LOT 6 ����,'�o / / I 33' (33.00') y'ti ��� -OT 5 297' (296.35' S 89°39'42" W) \ .� � /,.L,� )/_(S893942 " W) ti� s �% ° E LOT 5 I (95.49') L - - - --(563.85' N 89°39'42" E) (S 39°18T W) •G L9 L8 L6 WILLISTON AVE - 60' ROW (7979) (39.04') (S 39°18'23" W) 297' (296.59' S 89°39'30" W) L^v 7 K • SOUTH LINE OF HALLOCK'S OUTLOTS & / Plat Legend: SOUTH LINE OF SW 1/4 SW 1/4 SEC. 25, T89N, R13W 30' (30.01') (N 89°37'05" E) ~ cn Z 30' (30.01') 31 RODS 15 LINKS - 521.4' • Found Monument (N 89°37'05" E) (32 RODS 15.67 LINKS - 538.34') Set 5/8" x 24" Rebar w/Blue (N 89°39'30" E) 0 Plastic Cap "Iowa - 19715" SOUTH LINE OF BAKER'S OUTLOTS & ® Cut "X" in concrete, found or set SOUTH LINE OF SE 1/4 SW 1/4 SEC. 25, 123.45' Record Measurement T89N, R13W (123.45') Field Measurement 0 OO _JO W DETAIL "A" �QQ� 0 Scale 1" = 100' _ 30' (30.11') -- Monument Table H A - Found 3/4" open pipe EASEMENT N B - Found 1/2" rebar with yellow BERTCH AVE Z ) so' (59.78') cap "Iowa 8033" a ii C - Found 3/4" open pipe 1.6' deep POC w - En N \ DO A.,1_ a, a, g; I D - Found 3/4" open pipe withLO 90° elbow E - Found 3/4" open pipe with nail 30' (29.99') in center F - Found 3" square cast iron monument G - Found 1/2" clipped pipe r vm 0 W m 3 m 167.0' 1 113 N 00°48'26" W / S 00°4E / / 16.0' N 89°11'34" E LOT 7 �O H Found 1/2" id /� QQ I 30' (29.92') F - rebar w/out cap 1- Found "T" bar; 3/4" x 2" flange with 3/4" x 1" web. Measured 30 (29.28') at intersection of web centerline and bottom of flange A J - Set 5/8" rebar with blue cap "Iowa 75.0' S 00°48'26" E 4.0' S 89°11'34" w P FOREST AVE 60' (60.09') 19715" ) so' (ss.aa') K - Set Mag Spike in HMA pavement / 92.0' S 00°48'26" E y "X" L - Placed chiseled in PCC I F 60' (59.97') f driveway (S 89°29'20" W) 12.0' S 89°11'34" W City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 150' Field Work Date: April 2020 Date Drawn: 4-28-2020 Sheet No. 2 of 2 Page-39 c 109 CITY OF WATERLOO Council Communication Resolution approving request of Craig Larsen for a waiver for a concrete driveway, located at 1351 Lyon Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 5/11/2020 Prepared: 5/5/2020 REVIEWERS: Department Engineering Clerk Office Reviewer Knutson, Jamie Higby, Nancy Action Approved Approved ATTACHMENTS: Description Type ❑ DW Waiver 1351 Lyon Ave Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Legal Descriptions: Date 5/6/2020 - 10:19 AM 5/6/2020 - 10:50 AM Resolution approving request of Craig Larsen for a waiver for a concrete driveway, located at 1351 Lyon Avenue, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 1351 Lyon Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. GOLDEN GARDENS ADDITION LOT 10 BLK 3 Page 40 of 109 WAIVER Date: 110 c () Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby recmst a waiver to the driveway and sidewalk specifications for the construction of a rl�r� driveway or sidewalk located at (concrete or asphalt) 13 / - orb /e- (Ad cf ress) This waiver is needed because of: special surface texture to be used on the concrete approach (Le., exposed aggregate, brick stamped pattern, paving brick). j elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1, To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 6. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, ro Le/ ►r S.e_ Printed Nance of Property Owner Signete of roperty Owner CITY OF WATERLOO Council Communication Resolution approving request of Ben and Jennifer Torrez for a waiver for a concrete driveway, located at 1715 Pinehurst Lane, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 5/11/2020 Prepared: 5/5/2020 REVIEWERS: Department Engineering Clerk Office Reviewer Knutson, Jamie Higby, Nancy Action Approved Approved ATTACHMENTS: Description Type ❑ DW Waiver 1715 Pinehurst Ln Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Legal Descriptions: Date 5/6/2020 - 10:19 AM 5/6/2020 - 10:50 AM Resolution approving request of Ben and Jennifer Torrez for a waiver for a concrete driveway, located at 1715 Pinehurst Lane, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 1715 Pinehurst Lane. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. WATERLOO COUNTRY CLUB ADDITION LOT 97 Page 42 of 109 Li(3v/ Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: WAIVER 6:4/ ' t I hereby request a waiver to the driveway and sidewalk specifications for the construction of a a4�-4 driveway or sidewalk located at c oncreteor asphalt) )//5 vle_11L(6t, ZA/ ArJ J << 5� �- 2C)„ (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-ofway on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a• permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Ttm:ifer [ o t—t"e - Printed Name of Property Owner Signe of Prop' Page 43 of 109 CITY OF WATERLOO Council Communication Resolution approving a request from Larson Construction Co., Inc., for a temporary variance to the truck embargo on Williston Avenue from Washington Street to W. llth Street and on E. Ridgeway Avenue from W. llth Street to W. 9th Street, commencing May 12, 2020 through June 30, 2020, to allow for the transport of fill material from Friendship Village to the Lowell School construction site. City Council Meeting: 5/11/2020 Prepared: 5/5/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 5/5/2020 - 5:45 PM Clerk Office Higby, Nancy Approved 5/6/2020 - 10:04 AM ATTACHMENTS: Description Type D LarsonConst map_tempvariance_truckembargo Cover Memo SUBJECT: Resolution approving a request from Larson Construction Co., Inc., for a temporary variance to the truck embargo on Williston Avenue from Washington Street to W. llth Street and on E. Ridgeway Avenue from W. llth Street to W. 9th Street, commencing May 12, 2020 through June 30, 2020, to allow for the transport of fill material from Friendship Village to the Lowell School construction site. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Page 44 of 109 i ton Ave F a, m Bertch Ave Bertch Ave _w a Forest Ave a Hawthorne Ave WEST CENTRAL rlea3aIlL �L Western Ave Eureka St 2 a` 61 a � Carolina Ave ci E i St Edward School m E Mitchell Ave (1J • Bourland Ave a Jo Cornwall Ave Terrace Dr q in Easton Ave Cornwall Ave Lorraine Ave uh V7 .) s °ns r T1 Wishbone Lowell Elementary School e Williston Ave Mama Nick's CiI�+ PizzeriarcIe ,218 Forest Ave Forest Ave Hawthorne Ave Byron Ave Gtenny Ave vs 3 E Mitchell Ave Liberty Ave Patton Ave in a 0 Hawthorne Av ` u Byron Ave Glenny Ave v Liberty Ave Patton Ave Chal E Mitchell Ave Bourland Ave UBERTY;PARK Bourland Ave m Cornwall Ave a' ° Cornwall Ave a' t 0 - <IA C m c Lorrain . a o la.S. Easton Ave -aa • m Easton Ave re Locke Ave Kittresll Elementary School IT Acadia St West High School `� o 9 m ▪ Loretta Ave ° O1 a { re. n Q. "' Wisner Dr I. jai Kimball Ave E Ridgeway Ave m 6- E Ridgeway Ave Cataract Aye 01 5 Bur"a0kAvP ° Lindner Dr Oleson Rd Qa L'b ` Leona Ave ,§ems TI� O` °7a a' di ap�ryr'O_ �� '<,ticao R. F `�a Langley Rd 41 C c Edgef o PARK HAVEN ee Kaplan Dr m m s' t, Aa-4, Columbus Dr Lois Ln Baltimore Ravenwood Rd APvti,\ HURST Flammanq Dr Minnesota St Locke Ave v a 0 Piymr. Ridgeway Ave Oleson,p6, Target m Page 45 of 109 CITY OF WATERLOO Council Communication Resolution approving the contract for grant award with Waterloo Housing Trust Fund 7 in the amount of $30,000, for repairs to existing single family owner occupied homes, and authorizing the Mayor to execute said documents. City Council Meeting: 5/11/2020 Prepared: 5/6/2020 REVIEWERS: Department Community Development Clerk Office Reviewer Jones, Rudy Higby, Nancy ATTACHMENTS: Description ❑ Waterloo Housing Trust Fund 7 Contract SUBJECT: Submitted by: Recommended Action: S ummary Statement: Action Approved Approved Type Cover Memo Date 5/6/2020 - 9:55 AM 5/6/2020 - 10:55 AM Resolution approving the contract for grant award with Waterloo Housing Trust Fund 7 in the amount of $30,000, for repairs to existing single family owner occupied homes, and authorizing the Mayor to execute said documents. Submitted By: Rudy D. Jones, Community Development Director Request City Council authorization for Mayor Hart to execute said documents for immediate submission to the Waterloo Housing Trust Fund This award will help supplement our Emergency Repair Program, specifically for eligible applicants unable to financially cover repair costs that exceed our emergency repair cap. Page 46 of 109 CONTRACT FOR GRANT AWAR❑ BETWEEN THE WATERLOO HOUSING TRUST FUND 7 (WHTF) AND CITY OF WATERLOO Section 1: The Funding Contract WHTF 7 IFA-20-LHTF-06 INRCOG #97 Activity #2 The WHTF, hereinafter the Grantor agrees, upon the terms and conditions set forth, to make a grant to the organization titled City of Waterloo, located in Waterloo, Iowa hereinafterthe Grantee, in the amount of $30,000.These funds were included as part of a grant application submitted by the WHTF to the Iowa Finance Authority (IFA) State Housing Trust Fund on behalf of the Grantee for owner occupied housing emergency repairs meeting the definition of a low to moderate income family (see Section 5(b)(3) below), within Waterloo, as defined in the Grantee's proposal. The $30,000 in grant funds and local match is to be considered conditional on the Grantee complying with all other terms and conditions of this Contract. Section 2: ❑isbursement and Use of Proceeds a. Disbursement of the grant amount may occur once the Grantee has satisfactorily addressed any requirements set forth in this CONTRACT and once the Grantee has submitted the Request for Disbursement. Disbursement will occur within two to four weeks of the Grantor receivingthe Request for Disbursement from the Grantee, and dependent on how quickly the WHTF receives the funds from the lowa Finance Authority. The Grantee agrees to spend all funds, on allowable expenses as outlined in the original application, within 30 calendar days from the date of the receipt ❑f the funds from the Grantor. b. The Grantee will provide to the Grantor any supporting evidence necessary to substantiate payment to the Grantee. Section 3: Obligation to Repay Grant Amount In Event of Default Upon the occurrence of default, as defined in Section 7, the Grantor may demand repayment of all or a portion of the grant amount that has been disbursed up to the time of default. The Grantee understands and agrees that the grant is made for the purpose of owner occupied emergency repairs fora low to moderate income family as stipulated in the Grantee's proposal, and that upon failure to complete the project stated in the application, the Grantee is obligated to immediately repay such amounts as are determined by the Grantor to have been received by the Grantee without fulfillment of the Grantee's obligations, up to the full amount of the grant proceeds disbursed. Section 4: Conditions of the Grant The obligation and agreement of the Grantor to make the grant is subject to the Grantee satisfactorily addressing any requirements stated in this Contract. Section 5: Representations and Covenants a. Representations; (1) This agreement is considered legal, valid, and binding obligations ❑f the Grantee enforceable against the Grantee in accordance with their respective terms; (2) The estimated project cost is set forth in the Grantee's original application to the Grantor and no part of the proceeds will be used to finance ineligible costs, within the meaning of the rules; 1 Page 47 of 109 (3) There is no litigation or proceeding pending, or to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever the right of the Grantee to execute this agreement or the other agreements required to be executed by the Grantee under this agreement, or the ability of the Grantee to comply with the Grantee's obligations contained herein or therein; (4) The Grantee agrees that the Grantor shall have no responsibility nor incur any expense for maintenance or preservation of the Projector for the payment of any taxes, assessments, or other governmental charges assessed or levied with respectto the Project; (5) The certifications and representations of the Grantee and other information contained in the application were true and correct as of the date made and are true and correcton the date hereof, exce pt as information in the application may have been amended with the written approval of the Grantor; {6) There has been no adverse change since the date of the application in the financial condition, organization, operation, business prospects, fixed assets, or key personnel of the Grantee; (7) (8) Na payment of any bonus or commission has been made by the Grantee for the purpose of obtaining approval of the application, or has or will be made for the purpose of obtaining approval of applications for additional assistance, or any other approval or concurrence of the Grantor required under this agreement; No officer, member, or employee of the Grantor and no members of its board, and no other public official of the governing body of the locality in which the project is located who exercises any functions or responsibilities in the reviewof approval of the project has participated in any decisions relating to this agreement which affect his/her personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectly interested or has any personal or financial interest, direct or indirect, in the agreement or the proceeds of the grant. b. Covenants (1) The Grantee will incur expenses and draw the funds on the project no later than September 30, 2021. If it is not possible to meet this deadline the grantee shall immediately contact the grantor in writing to request an extension. (2) The Grantee will complete the project in accordance with the project bid, which must be submitted prior to any disbursement of funds. (3) The Grantee hereby certifies, through the completion of an income verification process, that the inhabitants of the housing unit to be built will meet the income guidelines set forth in the request for funding, specifically that the inhabitants of the unit(s) shall have a gross annual household income of less than 80% of the Area Median Income based on the size of the family. (4) The Grantee will assure that all funds from the Grantor will be used only for eligible activities, specifically for owner occupied housing emergency repairs. (5) The Grantee shall not materially change the project, abandon the project, or allow the project to be seized or operated by others. 2 Page 48 of 109 (6) The Grantee agrees to comply with the provisions of Section 16.9 of the Act and Sections 216.8 and 216.8A of the Iowa Code and with the provisions of the Fair Housing Act, as amended, which compliance shall include, but not be limited to, the following: (7) (i) Grantee shall not refuse to rent, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, sex, familial status, national origin; age, disability or religion; (ii) Grantee shall not discriminate against any person on the terms, conditions, or privileges or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, creed, color, sex, familial status, national origin, age, disability, or religion; (iii) Grantee shall not make or publish any notice, statement or advertisement, with respectto the rental or availability of a dwelling, that indicates any preference, limitation or discrimination based on race, color, creed, sex, familial status, national origin, age, disability, or religion; (iv) Grantee shall not refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises to be occupied by such a person if such modifications may be necessary to afford such a person full enjoyment of the premises. The Grantee shall, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, national origin, age, or disability. (8) The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, creed, sex, national origin, age or disability. The Grantee agrees to post notice setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. Section 6: Accounts, Records, and Reports The Grantee agrees to comply with the following accounting, recordkeeping, and reporting requirements: a. The Grantee shall maintain books, records,documents, and other evidence pertaining to all costs incurred for the project, such as material and/or construction costs, for which Grantee funds were used. b. At any time during normal business hours and as frequently as is deemed necessary, the Grantee shall make available to the Grantor, its auditor, the State Auditor or the Iowa Finance Authority (IFA), for their examination, all of its records pertaining to matters covered by this agreement. c. All records pertaining to the agreement and grant shall be retained fora period of five (5) years beginning with the date upon which project funds are received. d. The Grantee shall submit a Project Completion Report within sixty (60) days of the completion of the project. The Grantor reserves the right to request additional written or verbal progress reports as deemed necessary. 3 Page 49 of 109 Section 7: Events of Default The following events each constitute an Event of Default; a. Any representation or warranty made by the Grantee under or in connection with this agreement that shall prove to have been incorrect in any material respect when made and shall not be made good within thirty (30) days after notice thereof to the Grantee by the Grantor; or b. The Grantee shall fail to perform or observe any other term, covenant, or stipulation contained in this agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof shall have been given to the Grantee by the Grantor. Section 8: Remedies of Default Under any occurrence of an Event of Default, the Grantor or its agent may: a. Make no further disbursements underthe Grant, and/or b. Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Grantee under this Agreement. c. By written notice to the Grantee, demand repayment from the Grantee of all or a portion of amounts previously disbursed underthe Grant, whereupon such amounts shall become due and payable. d. Take whatever action at law or in equity may appear necessary or desirable to enforce Grantee's obligation to repay all or a portion of the Grant proceeds and to recover Grant proceeds. Section 9: Indemnity; Fees and Expenses a. Grantee will indemnify and hold harmless the Grantor and its officers and employees from and against any and ail losses, by it or them while it or they are acting in good faith to carry out the transactions contemplated by the agreement or to safeguard its or their interests or ascertain, determine or carry out its or their obligations under this agreement, or any law or contract applicable to said transaction; b. Grantee will, upon demand, pay to the Grantor the amount of any and all reasonable expenses, including the reasonable fees and expenses of its attorneys, including the value of its connection with (i) the exercise or enforcement of any of the rights of the Grantor hereunder, (i i) the failure by the Grantee to perform or observe any of the provisions hereof, and (iii) the recovery of any proceeds misappropriated by the Grantee. The Grantee will also pay, upon demand to the Grantor, any other reasonable expenses of the Grantor related to the projector this financing (including reasonable attorney's fees) which are not otherwise expressly required to be paid by the Grantee underthe terms of this agreement; c. Grantee agrees to pay, as and if applicable, all appraisal fees, survey fees, recordi ngfees, license and permit fees, insurance premiums, taxes, charges, and assessments in connection with the project. Section 10: Binding Effect; Governing Law This agreement shall be binding upon and inure to the benefit of the Grantee and the Grantor and their respective successors and assigns, exceptthat the Grantee shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Grantor. This agreement shall be governed by, and construed in accordance with, the laws of the State of Iowa. 4 Page 50 of 109 Section 11: Severability If any provision of this agreement shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever. Section 12: Amendments, Changes and Modifications This agreement may not be effectively amended, changed, modified, altered, or terminated without the written consent of the authorized representatives of the parties hereto. Section 13: Termination Clause Either party assigned hereto shall have the authority to terminate this Contract, with just cause, by notifying the other party by registered mail not less than thirty (30) days prior to the effective termination date. Section 14: Entire Agreement Statement This Contract contains the entire agreement between the Grantor and Grantee for providing assistance. There are no other written or oral agreements, understandings, or contracts that shall take precedence over the items contained herein, unless they have been made a part of this Contract per Section 12. Section 15: Term of the Agreement This agreement shall be in full force and effect from the date hereof and until the project is satisfactorily completed on or before September 31, 2021. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed as of the date indicated below. CITY OF WATERLOO By: Date: Executive Director or Board Chair / President WATERLOO HOUSING TRUST FUND (WHTF) By: Andrew Finnegan, Board SecrjTreasurer Date: 5 Page 51 of 109 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 26, 2020 for an amendment to the FYE 2020 Budget, and instruct the City Clerk to publish notice. City Council Meeting: 5/11/2020 Prepared: 5/6/2020 REVIEWERS: Department Finance Clerk Office Reviewer Weidner, Michelle Higby, Nancy Action Approved Approved ATTACHMENTS: Description Type ❑ Council Comm FYE20 Budget Amendment Req Cover Memo SUBJECT: Submitted by: Recommended Action: S ummary Statement: Source of Funds: Policy Issue: Background Information: Date 5/6/2020 - 9:47 AM 5/6/2020 - 10:51 AM Resolution setting date of public hearing as May 26, 2020 for an amendment to the FYE 2020 Budget, and instruct the City Clerk to publish notice. Submitted By: Michelle Weidner, Chief Financial Officer Approve a resolution to set the date of hearing for an amendment to the FYE2020 Budget as May 26, 2020; and instruct the City Clerk to publish notice. The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Additional information will be provided prior to the hearing date. Various. Compliance with state law regarding budgeted expenditures. We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier and published by mid -May. Page 52 of 109 CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: May 11, 2020 HART Prepared: May 6, 2020 Dept. Head Signature: Michelle Weidner, Chief Financial Officer COUNCIL MEMBERS Number of Attachments: None MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large SUBJECT: FYE2020 Budget Amendment Hearing Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Approve a resolution to set the date of hearing on amendments to the FYE2020 Budget as May 26, 2020. Summary Statement: The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Additional information will be provided prior to the hearing date. Expenditure Required: N/A Source of Funds: Various Policy Issue: expenditures. Compliance with state law regarding budgeted Alternative: None Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier and published by mid -May. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 53 of 109 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 5/11/2020 Prepared: REVIEWERS: Department Reviewer Action Date Water Works Felchle, Kelley Approved 5/8/2020 - 3:31 PM ATTACHMENTS: Description Type ❑ Bonds Backup Material SUBJECT: Bonds. Page 54 of 109 BONDS FOR COUNCIL APPROVAL May 8, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 W150278883 ARENDS EXCAVATING, LLC WATERLOO, IA IA 594558 BLACK HAWK CONTRACTING & DEVELOPMENT WATERLOO, IA DBA ROOFF DEVELOPMENT LLC IA 596207 BRAD TAYLOR WATERLOO, IA 2324751 DIAMOND CONCRETE LLC WATERLOO, IA 58435266 DENNIS C. CHRISTENSEN CEDAR FALLS, IA IA 590430 HOFFMAN & HOFFMAN TRENCHING INC CEDAR FALLS, IA 63079056 HUDSON HARDWARE PLUMBING & HEATING INC. HUDSON, IA 95-BA-G306-0 IOWA FLATWORKS CEDAR FALLS, IA 95 CC 8008 4 JOE JONES DBA BROTHERS ASPHALT PAVING COMPANY WATERLOO, IA 14989862 MICHAEL D. ALBERS DIKE, IA IA5172486 PATRICK S BERRY WATERLOO, IA IA5159532 ROGER SMITH CONSTRUCTION INC. CEDAR FALLS, IA Page 55 of 109 CITY OF WATERLOO Council Communication Application for State Revolving Fund Loan for Titus Lift Station, Contract No. 975, contents of Environmental Information and Project Plan. City Council Meeting: 5/11/2020 Prepared: 5/6/2020 REVIEWERS: Department Reviewer Action Date Waste Management Hosford, Matt Approved 5/6/2020 - 9:53 AM Clerk Office Even, LeAnn Approved 5/6/2020 - 10:43 AM ATTACHMENTS: Description Type ❑ Cover Memo Cover Memo ❑ Environmental Information Document Backup Material SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing Mayor to execute Environmental Impact Document. Submitted by: Submitted By: Matthew Hosford, Collections System Project Director Page 56 of 109 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50703 • Phone (319) 291-4553 Date: May 6, 2020 To: Waterloo Mayor and City Council From: Matthew Hosford, P.E., Waste Management Services Re: Titus Lift Station (Contract No. 975) Public Hearing for Application for State Revolving Fund (SRF) Loan, Contents of Environmental Information, and the Project Plan Background Discussion The Titus Lift Station project consists of construction of a new lift station at the location of the existing Titus lift station. The new lift station will be 12' diameter and approximately 27' deep with a conventional valve vault and flow meter pit. Additionally, approximately 8,000 feet of new force main will be constructed (at a depth up to 27') along Broadway Street to Newton Street to send wastewater to the Park Road lift station. A new generator will be installed. The existing lift station and the housing structure (built in 1955) will be demolished. The purpose of this Public Hearing is to inform area residents of the community of Waterloo of this proposed action, discuss the costs and user fees associated with this project, and to address citizen's concerns, if any, with the environmental information and project plan. Recommended Action Receive and file proof of publication of notice of public hearing, hear oral comments, receive and file written and oral comments, and authorize the Mayor to sign Environmental Impact Document. Page 57 of 109 Why You Should Read This: The document below reviews the environmental impact likely from a project. This project is planned to be federally funded through your tax dollars; therefore, you are entitled to take part in its review. If you have concerns about the environmental impact of this project, raise them now. We encourage public input in this decision making process. IOWA STATE REVOLVING FUND ENVIRONMENTAL INFORMATION DOCUMENT PROJECT IDENTIFICATION Applicant: City of Waterloo County: Black Hawk State: Iowa COMMUNITY DESCRIPTION SRF Number: CS1920935 01 Iowa DNR Project Number: S2019-0352A Location: The City of Waterloo is located in Black Hawk County, Iowa approximately 90 miles west of Dubuque, Iowa and 100 miles east of Fort Dodge, Iowa. Population: The population of Waterloo according to the 2010 US Census was 68,406. The design year 2040 population is estimated to be 71,797. Current Waste Collection System: The City of Waterloo operates a wastewater collection system that is comprised of approximately 400 miles of sanitary sewers; 9,300 sanitary manholes; 46,240 linear feet of force mains; and 26 lift stations. The City has experienced sanitary sewer overflows and bypassing during wet weather events. In October 2015, the City entered into a Consent Decree with the United States and State of Iowa for the City to take measures to achieve compliance with the Clean Water Act and the City's discharge permit. PROJECT DESCRIPTION Purpose: The purpose of this project is to relieve pipe surcharge and manhole flooding on the sewer upstream and downstream of the existing Titus lift station to better safely and reliably operate the City of Waterloo's wastewater system for at least the next 20 years. INVESTING IN IOWA'S WATER www.iowasrf.com Page 58 of 109 ETD Page 2 City of Waterloo CS1920935 01 Proposed Improvements: The proposed project consists of construction of a new lift station at the location of the existing Titus lift station. The new lift station will be 12' diameter and approximately 27' deep with a conventional valve vault and flow meter pit. Additionally, approximately 8,000 feet of new force main will be constructed (at a depth up to 27') along Broadway Street to Newton Street to send wastewater to the Park Road lift station. A new generator will be installed. The existing lift station and the housing structure (built in 1955) will be demolished. The proposed work is within City right-of-way in previously disturbed utility trenches. ALTERNATIVES CONSIDERED Alternatives Considered: The City considered the following alternatives: continue with existing conditions, replacement of existing station with continued discharge to gravity sewer adjacent to lift station, and replacement of existing station along with new force main. Reasons for Selection of Proposed Alternative: The City chose the replacement of existing station along with new force main to reduce sanitary sewer overflows. A no - action alternative is not viable due to the existing consent decree. MEASURES TAKEN TO ASSESS IMPACT Coordination and Documentation with Other Agencies and Special Interest Groups: The following Federal, state and local agencies were asked to comment on the proposed project to better assess the potential impact to the environment: U.S. Army Corps of Engineers U.S. Fish and Wildlife Service State Historical Society of Iowa (State Historical Preservation Office) Iowa DNR Conservation and Recreation Division Iowa DNR Water Resources Section Citizen Band Potawatomi Indian Tribe Flandreau Santee Sioux Ho -Chunk Nation Iowa Tribe of Kansas and Nebraska Iowa Tribe of Oklahoma Kickapoo Tribe in Kansas Kickapoo Tribe of Oklahoma Lower Sioux Indian Community Council Miami Tribe of Oklahoma Omaha Tribal Council Osage Tribal Council Otoe-Missouria Tribe Pawnee Nation of Oklahoma Peoria Tribe of Indians of Oklahoma INVESTING IN IOWA'S WATER Page 59 of 109 ETD Page 3 City of Waterloo CS1920935 01 Ponca Tribe of Indians of Oklahoma Ponca Tribe of Nebraska Prairie Band Potawatomi Nation Prairie Island Indian Community Sac & Fox Nation of Mississippi in Iowa Sac & Fox Nation of Missouri Sac & Fox Nation of Oklahoma Santee Sioux Nation Shakopee Mdewakanton Sioux Community Sisseton-Wahpeton Oyate Spirit Lake Tribal Council Three Affiliated Tribes Mandan, Hidatsa & Arikara Nations Upper Sioux Tribe Winnebago Tribal Council Yankton Sioux Tribal Business and Claims Committee Waterloo Community Planning and Development No adverse comments were received from any agencies or general public. Conditions placed on the applicant by the above agencies in order to assure no significant impact are included in the Summary of Reasons for Concluding No Significant Impact section. ENVIRONMENTAL IMPACT SUMMARY Construction: Traffic patterns within the community may be disrupted and above normal noise levels in the vicinity of the construction equipment can be anticipated during construction and should be a temporary problem. Adverse environmental impacts on noise quality will be handled by limited hours of contractor work time during the day. Other adverse environmental effects from construction activities will be minimized by proper construction practices, inspection, prompt cleanup, and other appropriate measures. Areas temporarily disturbed by the construction will be restored. Solid wastes resulting from the construction project will be regularly cleared away with substantial efforts made to minimize inconvenience to area residents. Care will be taken to maintain dirt to avoid erosion and runoff. The proposed project will disturb soils over an area greater than one acre; therefore, the applicant is required to obtain an NPDES General Permit Number 2 (for storm water discharge associated with construction activities) and abide by its terms. No significant impact to surface water quality, fish, shellfish, wildlife, or their natural habitats is expected. Temporary air quality degradation may occur due to dust and fumes from construction equipment. The applicant shall take reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property during the proposed project (567 Iowa Administrative Code IAC 23.3(2)"c"). JNVEST ING IN IOWA'S WATER Page 60 of 109 ETD Page 4 City of Waterloo CS1920935 01 Historical/Archaeological: The State Historical Preservation Office (SHPO), the Certified Local Government and various Native American tribes with an interest in the area were provided information regarding the project. The project will only proceed as planned if a determination of either "no historic properties affected" or "no adverse affect on historic properties" can be appropriately reached with or without mitigation. However, if project activities uncover any item(s) that might be of archaeological, historical, or architectural interest, or if important new archaeological, historical, or architectural data should be encountered in the project APE, the applicant should make reasonable efforts to avoid further impacts to the property until an assessment can be made by an individual meeting the Secretary of the Interior's professional qualifications standards (36 CFR Part 61). Environmental: According to the Iowa DNR Conservation and Recreation Division, the proposed project will not interfere with any State-owned parks, recreational areas or open spaces. The U.S. Army Corps of Engineers concurs that the project will not impact wetlands. The project will not impact any wild and scenic rivers as none exist within the State of Iowa. The U.S. Fish & Wildlife Service Section 7 Technical Assistance website consultation determined, and Iowa DNR Conservation and Recreation Division agree, that the project will not impact threatened or endangered species or their habitats. However, if any State- or Federally -listed threatened or endangered species or communities are found during the planning or construction phases, additional studies and/or mitigation may be required. According to the Iowa DNR Water Resources Section, this project will not impact the 100-year floodplain. No adverse impacts are expected to result from this project, such as those to surface water quantity, or groundwater quality or quantity. No adverse impacts are expected to result from this project, such as those to surface water quantity, or groundwater quality or quantity. No significant impact to surface water quality, fish, shellfish, wildlife, or their natural habitats is expected. Land Use and Trends: The project will not displace population nor will it alter the character of existing residential areas. No significant farmlands will be impacted. This project should not impact population trends as the presence or absence of existing water/sewer infrastructure is unlikely to induce significant alterations in the population growth or distribution given the myriad of factors that influence development in this region. Similarly, this project is unlikely to induce significant alterations in the pattern and type of land use. Irreversible and Irretrievable Commitment of Resources: Fuels, materials, and various forms of energy will be utilized during construction. POSITIVE ENVIRONMENTAL EFFECTS TO BE REALIZED FROM THE PROPOSED PROJECT Positive environmental effects will be fewer sanitary sewer overflows and improved measures towards compliance with the Clean Water Act and the City's discharge permit. .'S WATER Page 61 of 109 ETD Page 5 City of Waterloo CS1920935 01 SUMMARY OF REASONS FOR CONCLUDING NO SIGNIFICANT IMPACT • The project will not significantly affect the pattern and type of land use (industrial, commercial, agricultural, recreational, residential) or growth and distribution of population. • The project will not conflict with local, regional or State land use plans or policies. • The project will not impact wetlands. • The project will not affect threatened and endangered species or their habitats. If any State- or Federally -listed threatened or endangered species or communities are found during the planning or construction phases, additional studies and/or mitigation may be required. • The project will not displace population, alter the character of existing residential areas, or convert significant farmlands to non-agricultural purposes. • The project will not affect the 100-year flood plain. • The project will not have effect on parklands, preserves, other public lands, or areas of recognized scenic or recreational value. • The project will only proceed as planned if a determination of either "no historic properties affected" or "no adverse affect on historic properties" can be appropriately reached with or without mitigation. • The project will not have a significant adverse effect upon local ambient air quality provided the applicant takes reasonable precautions to prevent the discharge of visible emissions of fugitive dusts beyond the lot line of the property during the proposed project (567 IAC 23.3(2)"c"). • The project will not have a significant adverse effect upon local ambient noise levels, surface water quantity, groundwater quality or quantity, or water supply. • No significant impact to surface water quality, fish, shellfish, wildlife, or their natural habitats is expected provided that an NPDES General Permit Number 2 (for storm water discharge associated with construction activities) is obtained and the terms of which are abided by. • The project will not have a significant adverse effect upon local ambient noise levels. The project description, scope, and anticipated environmental impacts detailed above are accurate and complete to the best to my knowledge. Signature of the Mayor, City of Waterloo Date Printed Name of the Mayor, City of Waterloo INVESTING IN IOWA'S WATER Page 62 of 109 USGS 7.5 Minute Quadrangle: Waterloo North Sections: 10, 14, 15, Township: 89 N, Range: 13 W Date: 1972 Scale: 1 Inch = 2,000 Feet �. ....o iti■■•1■■.. miw1�11T•Es 7■■■■■■s■■ a wUssuuU•I•. USGS Topographic Map Waterloo Titus Lift Station and Force Main Project Waterloo, IA i North State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 63 of 109 Location information provided by AECOM o North Aerial Photograph Waterloo Titus Lift Station and Force Main Project Waterloo, IA State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 64 of 109 CITY OF WATERLOO Council Communication Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed mowing and property clean-ups. City Council Meeting: 5/11/2020 Prepared: 4/29/2020 REVIEWERS: Department Reviewer Action Date Code Enforcement Petersen, Marty Approved 4/29/2020 - 4:57 PM Clerk Office Even, LeAnn Approved 5/5/2020 - 9:50 AM ATTACHMENTS: Description Type ❑ May 2020 Assessments Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed mowing and property clean-ups. Submitted By: Martin M. Petersen Requesting Council approval to certify unpaid invoices of lawn/weed mowing, and property clean-ups to the property owner's taxes through Black Hawk County for payment. They are invoices dated, October 2019 through January 2020 in the approximate amount of $13,997.55. None Page 65 of 109 INVOICE CUST JI CUSTOMER MAILING ADDRESS CITY ST ZIP INVOICE DUE DATE PROPERTY ADDRESS PARCEL NUMBER BALANCE DUE-$ 2020- 00080713 23219 30 SOMETHING REAL ESTATE LLC PO BOX 56 WATERLOO IA 50704 12/18/2019 1219-1221 OLESON 8813.02-101-021 $115.75 2020- 00080712 23219 30 SOMETHING REAL ESTATE LLC PO BOX 56 WATERLOO IA 50704 12/18/2019 1211-1213 OLESON 8813-02-101-022 $115.75 2020- 00080711 23219 30 SOMETHING REAL ESTATE LLC PO BOX 56 WATERLOO IA 50704 12/18/2019 1205-1207 OLESON 8813-02-101-023 $115.75 2020- 00080710 23219 30 SOMETHING REAL ESTATE LLC PO BOX 56 WATERLOO IA 50704 12/18/2019 1151-1153 OLESON 8813-02-101-024 $115.75 2020- 00080709 23219 30 SOMETHING REAL ESTATE LLC PO BOX 56 WATERLOO IA 50704 12/18/2019 1145-1147 OLESON 8813-02-101-025 $115.75 2020- 00080708 23219 30 SOMETHING REAL ESTATE LLC PO BOX 56 WATERLOO IA 50704 12/18/2019 1135-1139 OLESON 8813-02-101-026 $115.75 2020- 00080707 23219 30SOMETHING REAL ESTATE LLC PO BOX 56 WATERLOO IA 50704 12/18/2019 1129-1133 OLESON 8813-02-101-027 $115.75 2020- 00080706 23219 30 SOMETHING REAL ESTATE LLC PO 80X 56 WATERLOO IA 50704 12/18/2019 1121-1125 OLESON 8813-02-101-028 $115.75 2020- 00080722 23356 JEFFREY & JAMIE KNAVEL 5727 CIMMARRON LN WATERLOO IA 50701 12/18/2019 5727 CIMMARRON 8813-13-478-014 $183.73 2020- 00080802 8754 GLENN & ROSEMARIE ANDERKAY 316 PROSPECT BLVD WATERLOO IA 50701 1/23/2020 2322 SPRING VIEW 8912-19-227-001 $127.24 2020- 00080801 8754 GLENN & ROSEMARIE ANDERKAY 316 PROSPECT BLVD WATERLOO IA 50701 1/23/2020 S OF 2322 SPRINGVIEW 8912-19-227-002 $175.12 2020- 00080750 22066 JAMES SMITH 12/20/2019 S OF 914 LINDEN 8912-19-351-016 $115.75 2020- 00080723 22780 GARY & LINDA LARSON 610 E 4TH ST N27 WATERLOO IA 50703 12/20/2019 3215 FRANKLIN 8912-29-227-030 $115.75 2020- 00080724 22823 DANIELTOURNIER 900 FULTON ST WATERLOO IA 50707 12/20/2019 918 ROOSEVELT 8912-29-351-001 $185.65 2020- 00080751 22850 TAMERA BIRD C/O BETTY HODGES PO BOX 777792 HENDERSON NV 89077 12/20/2019 S OF 1933 FRANKLIN 8912-30-106-017 $115.75 2020- 00080721 23355 CAREY REHL PO BOX 44864 COLUMBUS OH 43204 12/18/2019 1951 MULBERRY 8912-30-108-018 $115.75 2020- 00080725 22778 MARILYN DOLPH C/O ROY & NELLIE HART 138 W AIRLINE HWY WATERLOO IA 50703 12/20/2019 801 COLORADO 8912-30-156-013 $115.75 2020- 00080689 23337 DEAN MARTELLS 112 LINDEN AVE WATERLOO IA 50703 12/18/2019 112 LINDEN 8912-30-157-010 $115.75 2020- 00080726 22779 QUICK CASH REALTY LLC 3 N WAYNE AVE WEST HAVERSTRAW NY 10993 12/20/2019 203 STATE 8912-30-158-007 $115.75 WEED REMOVAL ASSESSMENTS 4/29/2020 1 Page 66 of 109 INVOICE CUST # 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CUSTOMER MAILING ADDRESS CITY ST ZIP INVOICE DUE DATE PROPERTY ADDRESS PARCEL NUMBER BALANCE DUE-$ 2020- 00080799 14891 SUPERIOR 6 LLC 950 OFFICE PARK RD 11131 WEST DES MOINES IA 50265 1/23/2020 N OF 623 W 8TH 8913-26-432-020 $127.24 2020- 00080720 22958 GREGORY & CONNIE LAMPHIER 9024 GLENBROOK RD HAMMONDSPOR T NY 14840 12/18/2019 219 REBER 8913-27-478-003 $115.75 2020- 00080684 23264 LG COMPANIES LLC PO BOX 277 CEDAR FALLS IA 50613 12/18/2019 327 SHERIDAN 8913-34-378-032 $115.75 2020- 00080716 23288 RANDY SIMMONS 1228 LYON AVE WATERLOO IA 50702 12/18/2019 1228 LYON 8913-36-301-016 $115.75 $13,264.93 WEED REMOVAL ASSESSMENTS 4/29/2020 Page 72 of 109 INVOICE CUST # CUSTOMER MAILING ADDRESS CITY ST ZIP INVOICE DUE DATE PROPERTY ADDRESS PARCEL NUMBER BALANCE DUE-$ 2020- 00070456 23373 REBEKAH IRELAND 924 HAMMOND AVE WATERLOO IA 50704 1/23/2020 924 HAMMOND 8913-35-278-009 $732.62 $732.62 JUNK REMOVAL ASSESSMENTS 4/22/2020 Page 73 of 109 CITY OF WATERLOO Council Communication Resolution approving a request by AutoZone, Inc. for the final plat of Kimball Addition, a 2-lot commercial subdivision located south of 3115 Kimball Avenue. City Council Meeting: 5/11/2020 Prepared: 5/5/2020 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office ATTACHMENTS: Description o Council Packet o Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Reviewer Schroeder, Aric Dornoff, John Schroeder, Aric Even, LeAnn Action Rejected Approved Approved Approved Type Cover Memo Cover Memo Date 5/5/2020 - 4:29 PM 5/6/2020 - 8:41 AM 5/6/2020 - 9:35 AM 5/6/2020 - 10:04 AM Resolution approving a request by AutoZone, Inc. for the final plat of Kimball Addition, a 2-lot commercial subdivision located south of 3115 Kimball Avenue. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request by AutoZone, Inc. for the final plat of Kimball Addition, a 2-lot commercial subdivision located south of 3115 Kimball Avenue. Please find the following attached items: • Staff report • Aerial photograph • Final Plat • Legal Description • Deed of Dedication • Certificate of Survey • Report of City Engineer The Planning and Zoning Commission unanimously approved the final plat request at their regular meeting on March 3. 2020 None Page 74 of 109 Source of Funds: N/A Policy Issue: Land Use Background Information: The applicant is requesting to plat the property in question to create a 2-lot commercial subdivision and construct a AutoZone retail store on Lot 1. The request would not appear to have a negative impact on the surrounding neighborhood or land use as there is commercial and professional offices on both sides of Kimball Avenue. The proposed plat 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. 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 buffers would be required as a part of this plat request. 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. 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 plat conforms to the Future Land Use Map and Comprehensive Plan. Kimball Addition is a 2-lot commercial subdivision with Lot 1 being 1.005 acres and Lot 2 being 0.998 acre for a total of 2.003 acres. The applicant is proposing to construct a new retail store on the site of Lot 1 Page 75 of 109 Legal Descriptions: but there is currently no plans for Lot 2. The Deed of Dedication includes dedicating easements included in the plat to allow for construction, reconstruction, repair, operation and maintenance of utilities. Construction of any building except fences is prohibited in the included easements. The city of Waterloo is held harmless for the cost or damage to any improvement or vegetation over, upon or under any easement shown thereon. The final plat includes legal description, property lines: dimensions, building line setbacks, date, adjoining subdivisions, Deed of Dedication, easements, right-of-way widths, and proper lot sequence. The Planning Programming and Zoning Commission voted unanimously to recommend approval of the final plat at their March 3, 2020 meeting. Therefore, staff recommends that the Final Plat for Kimball Additon be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. LEGAL DESCRIPTIONS 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'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. LOT 2 Page 76 of 109 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'O1" 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 77 of 109 March 3, 2020 REQUEST: Request by AutoZone, Inc. for the final plat of Kimball Addition, a 2- lot commercial subdivision located south of 3115 Kimball Avenue. APPLICANT: AutoZone, Inc., 123 S. Front Street, 3rd Floor, Memphis, TN 38103 GENERAL The applicant is requesting to plat the property in question to DESCRIPTION: create a 2-lot commercial subdivision and construct a AutoZone retail store on Lot 1. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as there is commercial and SURROUNDING professional offices on both sides of Kimball Avenue. LAND USE: VEHICULAR & The proposed plat would not appear to have a negative impact PEDESTRIAN upon vehicular or pedestrian traffic conditions in the area. The site TRAFFIC is served by Kimball Avenue, which is a Minor Arterial. CONDITIONS: 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 plan TRAIL PLAN AND 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: DEVELOPMENT HISTORY: 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. 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. BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: 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. South of 3115 Kimball Avenue — Final Plat psge 75 6f 109 March 3, 2020 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECH REVIEW: 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 plat conforms to the Future Land Use Map and Comprehensive Plan. Kimball Addition is a 2-lot commercial subdivision with Lot 1 being 1.005 acres and Lot 2 being 0.998 acre for a total of 2.003 acres. The applicant is proposing to construct a new retail store on the site of Lot 1 but there is currently no plans for Lot 2. The Deed of Dedication includes dedicating easements included in the plat to allow for construction, reconstruction, repair, operation and maintenance of utilities. Construction of any building except fences is prohibited in the included easements. The city of Waterloo is held harmless for the cost or damage to any improvement or vegetation over, upon or under any easement shown thereon. The final plat includes legal description, property lines: dimensions, building line setbacks, date, adjoining subdivisions, Deed of Dedication, easements, right-of-way widths, and proper lot sequence. The Engineer's Certificate of Survey is missing and will need to be submitted before the request goes to the city council. Gentz has not reviewed the plats yet. Contours will need to be removed from final plat and a new Deed of Dedication will need to be submitted which discusses the shared driveway between the two lots and the dedication of the sidewalk. These items do not affect the Planning, Programming, and Zoning Commission recommendation but will need to be submitted before they are submitted to city council. South of 3115 Kimball Avenue — Final Plat PSgEP19f6f 109 March 3, 2020 STAFF Therefore, staff recommends that the Final Plat for Kimball Additon RECOMMENDATION: be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. And with the following condition(s): 1. That the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. South of 3115 Kimball Avenue — Final Plat PdhLP80f 6f 109 City of Waterloo Planning, Programming and Zoning Commission March 3, 2020 MARTIN RD HIRE R -0 BERKS m PAULINE ►A'1 R-3, PRAIRIE NEADOW CT* 1 R-P EXCELSIOR W HILLTOP RD MEADOW LN ER PARK DR R DR B-P CAROLINA AVE R-3 CAROLINA AVE W. MITCHELLAVE I E. MITCHELL AVE } O Q W Q� 4 Q inZ I- ELLENDE�ce JULIE CT I1BOURLAND O BOURLAND AVE "WU 2 IIIIII AVE - co0Q :o m IVANHOE RD m MIDL OTHIAN 6 WILSHIRE AVE BLVD 6 ▪ R-1 r 7,IATIONAL S C-Z DR TERRACE DR MORGAN RD CORNWALL AVE R-3 LIFESTYLE LN * ACADIA ST O GLENCOE AVE p PIDS W ,Sa 1 R-4 4TWOODAVE w �- } • I rc J FDf,Fi K m VE • R-3 m 4NF HILLTOP RD = • U — y �R �y,P w V1, PARK L AVE I W X R-3 Q U eROT 02� SARATOGA DR U Uco 1 R-4 W ^1 2C-Z y HAINES AVE 5 l! c-z La W • pq�P/,- BARRYINGTON DR 4' _ 1tl 0 W W > > U aR-3 1w EDGEMONT RACHAEL ST AVE z g R-2 R-3 R-4,I ( W ij p z'z. - -1�e� r R-4 i 49c o c}7 0 w \ PN T, -FQ- 3 Z J O J C-1, c I ? 6-Z1 0 R-4 -3 1 OLYMPIC DR z Iy = 00 Iw R-4� = W �C-`1 BYRON AVE EUREKA ST LORRAINE EASLEY 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 1BYRON AVE = LIBERTY AVE m • PATTON AVE R=21- C-LL C-1r�C-Z R-2TC-Z OURLAND AVE CORNWALL AVE LORRAINE AVE EASTON AVE LOCKE AVE a LORETTA AVE a 0 WISNER DR LINDNER DR LEONA AVE LO R-2, C-Z COLUMBUS DR FR. BRUNKEN BLVD R-3 �RAVENWOOD RD 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 Preliminary and Final Plat AutoZone, Inc. Page 81 of 109 City of Waterloo Planning, Programming and Zoning Commission January 7, 2020 South of 3115 Kimball Avenue Preliminary and Final Plat AutoZone, Inc. Page 82 of 109 VICINITY MAP U) U) SS J) s U) Cr) cn L DATE OF SURVEY: OCTOBER 28, 2019 DRAWN BY: PJD APPROVED BY: JMM PROJECT NUMBER: 6164 ss s 59.6' a) O 0 C o U Fluted End a Section D N RCP 0 0 U ss ss SS P.O.B. Lot 1 SS 55 OWNER: SCF RC FUNDING III LLC Fnd. #4 Rebar w/ Plastic Cap 00 ` 0 n N z 20' Front Yard Setback z co oo - OF NE FRACTIONAL ro z co co F- r7 FRACTIONAL z w O w w J F- ss ss J N 89'21'13" E 175.00'(P) 175.05'(M) 5' Side Yard Setback PARCEL "C" NW FRACTIONAL 1/4 SEC. 3 (88-13) LOT 1 AREA = 43,759 Sq. ft. 1.005 Acres ± —5' Side Yard Setback SS S(W) N 69'21'13" E SS \ 175.02'(M) � ss 5' Side Yard Setback 20' Front Yard Setback ss 35' Rear Yard Setback LOT 2 AREA = 43,494 Sq. ft. 0.998 Acres ± NW Cor. Lot 1, Southhaven Add. Fnd. #5 Rebar P.O.B. Parcel "C" P.O.B. Lot 2 P.O.C. Lot 1 4535 Normal Blvd. Ste #165 Lincoln, Ne 68506 (402)423-5202 (402)423-5211 www.huskersurveying.com 0 0 NW Cor. Parcel "D" Fnd. #4 Rebar w/ Plastic Cap OWNER: HERITAGE SQUARE REAL ESTATE LC FL33d©3L �33 FRACTKAAL 1/4 SEC. 3 Q36-113D 35' Rear Yard Setback Lip 175.00'(R) 174.99'(M) S 89'20'47" W — 5' Side Yard Setback LOT s Proposed 16' Sanitary Sewer Easement Fnd. #4 Rebar w/ Plastic Cap LOT 2 ss s OWNER: PRAIRIE RAPIDS LLC 0 s 20' Existing Sewer Easement ss \ —16' Sewer Easement 30 s s 204.46 (P)9 04.53'(M) 8' Sanitary Sewer Easement LOT 3 60 90 Scale: 1"=30' PARCEL NO. 89 Book 9, Page 641 Permanent Flowage Easement L07 Fnd. #4 41 Rebar W RIDGEWAY AVE. E. RIDGEWAY AVE. W. PARK LN. CATARACT AVE. CATARACT AVE 4.1 PARK LN 1- 0 a 1 N.T.S. KIMBALL ADDITION FINAL PLAT PART OF 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, STATE OF IOWA. FEBRUARY 6, 2020 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 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 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. OWNER: N E IOWA REAL ESTATE INVEST LTD 3421 WEST 9TH STREET WATERLOO, IOWA 50702 DEDICATION THE FOREGOING PLAT, KNOWN AS "KIMBALL ADDITION", AS DESCRIBED IN THE SURVEYOR'S CERTIFICATE IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED, THE SOLE OWNER(S), AND THE EASEMENTS SHOWN THEREON ARE HEREBY GRANTED IN PERPETUITY TO THE CITY OF WATERLOO, IOWA, A MUNICIPAL CORPORATION, THEIR SUCCESSORS AND ASSIGNS, TO ALLOW ENTRY FOR THE PURPOSE OF CONSTRUCTION, RECONSTRUCTION, REPAIR, OPERATION AND MAINTENANCE OF WIRES, CABLES, CONDUITS, FIXTURES, POLES, TOWERS, PIPES, AND EQUIPMENT FOR THE DISTRIBUTION OF ELECTRICITY AND GAS; TELEPHONE AND CABLE TELEVISION; WASTEWATER COLLECTORS; STORM DRAINS; WATER MAINS AND ALL APPURTENANCES THERETO, OVER, UPON, OR UNDER THE EASEMENTS AS SHOWN ON THE FOREGOING PLAT. THE CONSTRUCTION OR LOCATION OF ANY BUILDING OR STRUCTURE, EXCLUDING FENCES, OVER, UPON, OR UNDER ANY EASEMENT SHOWN THEREON SHALL BE PROHIBITED. THE CITY OF WATERLOO, IOWA, ITS SUCCESSORS AND ASSIGNS ARE HEREBY HELD HARMLESS FOR THE COST OF REPLACEMENT OR DAMAGE TO ANY IMPROVEMENT OR VEGETATION OVER, UPON, OR UNDER ANY EASEMENT SHOWN THEREON. WITNESS MY HAND NAME NAME 41 0 M M (M) (P) (D) (R) ss — S — SS _ ® _ LEGEND = Cor. Fnd = Cor. Set #5 Rebar w/Red Cap = Section Corner Benchmark Meas. Dist. Plat Dist. Deed Dist. Record Dist. (Survey AA-26720) = Sanitary Sewer Manhole = Storm Sewer Manhole = Sanitary Sewer Line = Storm Sewer Line Grate Inlet Catch Basin UTILITY NOTE THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. ZONING Status: Current Zoning dated 00.00.00 ITEM REQUIRED OBSERVED Permitted Use Local Business Vacant Land Minimum Lot Area NONE 43,759 Sq. ft. Minimum Frontage 20' - Minimum Lot Width NONE - Max Bldg. Coverage NONE STATED - SETBACKS - Front Yard 20' - Side Yard 15' - Rear Yard 35' - Maximum Height 4 STORIES/48' - Property Class: Commercial Unimproved Primary Use: Vacant Land Zoning: S-1 (Shopping Center District) \\\\ 0\I111II I IIIIII//////, JAYME M. e MALO N E • 11807 /OWA ///��'////// l l I I I I I I I I111\\\\\\\\ 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. (signature) Jayme M. Malone License number 11807 My license renewal date is December 31, 2021 Pages or sheets covered by this seal: Sheet 1 of 1 (date) Page 83 of 109 OWNER'S STATEMENT AND DEED OF DEDICATION FOR KIMBALL ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. KNOW ALL MEN BY THESE PRESENTS: That N.E. Iowa Real Estate Investments, Ltd., hereinafter "Developer", being desirous of setting and platting into lots the land described in the attached Plat of Survey by , Licensed Land Surveyor, dated the day of , 2020, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as: KIMBALL ADDITION in the City of Waterloo, Black Hawk County, Iowa, hereinafter "Development", all of which is with the free consent and desire of Developer. I. EASEMENTS and SETBACKS. Developer does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, drainage, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. Furthermore, Developer does establish the setbacks as shown on the attached plat. II. COVENANTS, CONDITIONS, AND RESTRICTIONS. Developer does also covenant and agree for itself, its successors and assigns, that each and all of Page 84 of 109 Lots in Development shall be and the same are hereby made subject to the following easements, covenants, conditions, and restrictions upon their use and occupancy as fully and effectively, to all intents and purposes, as if the same were set forth and contained in each deed of conveyance or mortgage that Developer, or its successors in interest, may hereafter make for any of the Lots and that such restrictions shall run with the land and with each Lot for the length of time and in the particulars hereafter stated, to wit: A. PERMITTED USES. Lots within Development may be used for any purpose permitted by the zoning ordinances of the City of Waterloo, except as provided for in Section B. B. PROHIBITED USES. Lot 1 of the Development shall not be used for any pharmacy, medical use, medical sales use, future medical service or sales provider, any abortion or family planning clinic, or adult bookstore. Lot 2 of the Development shall not be used as an auto parts store or for the sale of any automobile parts, supplies and/or accessories. Further, this Auto Parts Restriction shall not apply to any business whose principal business is a drug -store and/or pharmacy, grocery store, department store, variety store, hardware store, home improvement store or any other seller of a broad mix of general merchandise which sells auto (or similar parts) as an incidental part of its general merchandise business; provided that, no such business sells automobile carburetors, starters, brakes, alternators, fuel pumps, water pumps or other coolant pumps for off -premises installation. III SIDEWALKS. A Portland Cement concrete sidewalk and a hard surfaced driveway approach shall be installed during or immediately after the construction of any improvement on a lot, or portion thereof, in the Addition, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction within five (5) years of the transfer of said lot from the Developer to a purchaser, whichever is earlier. Said sidewalk shall be constructed across the full length of the Kimball Avenue frontage of the lot, and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk exists. IV. SHARED DRIVEWAY. The shared driveway entering Kimball Avenue, as shown the attached plat, shall be constructed when the first lot in Kimball Addition is developed. The owner of Lot 1 hereby grants to the owner of Lot 2, for the benefit of Lot 2, a perpetual, non-exclusive access easement providing continuous uninterrupted ingress and egress for two way vehicular traffic over and across the shared driveway on Lot 1. The owner of Lot 2 hereby grants to the owner of Lot 1, for the benefit of Lot 1, a perpetual, non-exclusive access easement providing continuous uninterrupted ingress and egress for two way vehicular traffic over and across the shared driveway on Lot 2. Each Lot owner shall, at all times, maintain such access easement across their respective Lot (and any Improvements to such easement) in good repair free of pot holes or deterioration, clean and clear of snow, ice, rubbish, and debris, properly drained, and adequately lighted, at their sole cost and expense. Page 85 of 109 Additionally, each Lot owner shall indemnify, defend and hold harmless the other, its respective successors and assigns, from and against, any and all liability, demands, claims, causes of action, judgments and costs and expenses incurred in the investigation of the same (including, without limitation, court costs and reasonable attorney's fees) for, by way of illustration and not limitation, injury to persons, loss of life or damage to property occurring within the access easement. V. ENFORCEMENT. If any party shall violate or attempt to violate any of the easements, covenants, conditions or restrictions contained herein, it shall be lawful for any Lot owner to prosecute a proceeding in law or in equity against the person or persons violating or attempting to violate such easements, covenants, conditions or restrictions, and to either prevent him or them from so doing or recover damages for such violations. Furthermore, if any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs, and all expenses, even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. VI. SEVERABILITY. If any term or provision of this instrument or the application thereof to any circumstance shall, in any jurisdiction and to any extent, be invalid or unenforceable, such term or provision shall be ineffective as to such jurisdiction to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable such term or provision in any other jurisdiction, the remaining terms and provisions of this instrument or the application of such terms and provisions to circumstances other than those as to which it is held invalid or enforceable. VII. FURTHER ACTIONS. The parties agree to execute and deliver from time to time hereafter any and all such further documents and to take such further actions as shall be reasonably necessary to carry out the terms hereof. VIII. GOVERNING LAW. The validity, interpretation, performance and enforcement of this instrument shall be governed by the laws of Iowa. Each of the parties consents to the jurisdiction of the federal and state courts in Iowa in all matters relating to this instrument. IX. RUNNING WITH THE LAND. All the easements, covenants, agreements, conditions, and restrictions set forth in this Agreement are intended to be construed as covenants running with the land, binding upon, and adhere to the benefit of the heirs, assigns, and successors of the parties. X. OVERFLOW RETENTION AREA SERVING 3115 KIMBALL AVENUE The owner of Lot 1 recognizes the existence of an existing storm water overflow retention area (SWM Area) in northwest corner (the west 50 feet of the north 35 feet) of Lot 1 that exists to Page 86 of 109 serve the adjacent property at 3115 Kimball Avenue, Waterloo, Iowa. The owner of Lot 1 hereby grants a perpetual nonexclusive easement over the west 50 feet of the north 35 feet of Lot 1 to 3115 Kimball Avenue for the location and maintenance of the SWM Area. The remainder of this page left intentionally blank Signature page to follow Page 87 of 109 IN WITNESS WHEREOF, the undersigned, being Developer herein, has hereunto set its hand as of the day and year first above written. N.E. Iowa Real Estate Investments, Ltd., An Iowa corporation 3421 West 9th Street Waterloo, Iowa 50702 By: Its: STATE OF IOWA COUNTY OF On this day of , before me, a Notary Public, in and for said county, personally appeared , to me personally known, who being by me duly (sworn or affirmed) did say that that person is (Insert title of executing officer) of said (corporation or association) and that said instrument was signed on behalf of the said (corporation or association) by authority of its board of (directors or trustees) and the said acknowledged the execution of said instrument to be the voluntary act and deed of said (corporation or association) by it voluntarily executed. Print Name: My commission expires: Notary Public (Seal, if any) Page 88 of 109 CERTIFICATE OF SURVEY I, Jayme M. Malone, a Professional Registered Land Surveyor under the laws of the State of Iowa, do hereby certify that I have made a survey of what is to be known as KIMBALL ADDITION, Waterloo, Black Hawk County, Iowa, which is located on and embraces the following described premises, to -wit: DESCRIPTION A Replat of Parcel "C" located in that part of the Northwest Fractional Quarter (NW frac. 1/4) of Section Three (3), and the Northeast Fractional Quarter (NE frac. 1/4) of Section Four (4), all in Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian (5th P.M.), in the City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the point of intersection on the South right-of-way line of Ridgeway Avenue, as now established, with the East right-of-way line of Kimball Avenue, as now established; thence South 00°54'26" East, on the East right-of-way line of Kimball Avenue, Five Hundred Forty (540.00) feet (recorded as South 540 feet), to a found #4 Rebar with a Red plastic cap, and the true Point of Beginning of this description; thence on a Grid bearing of South 00°54'26" East, on the East right-of-way line of Kimball Avenue, Four Hundred Ninety-eight and Fifty-five Hundredths (498.55) feet, to a #5 Rebar, found at the Northwest corner of Lot One (01) in Southhaven Addition to the City of Waterloo, Black Hawk County, State of Iowa; thence departing the East right-of-way line of Kimball Avenue, North 89°20'47" East, on the North line of said Southhaven Addition, One Hundred Seventy-four and Ninety-nine Hundredths (174.99) feet (recorded as East 175 feet), to a #4 Rebar with a Yellow plastic cap, found at the Southwest corner of Parcel "D" in the Northwest Fractional Quarter (NW frac. 1/4) of Section Three (3), in Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian (5th P.M.), in the City of Waterloo, Black Hawk County, State of Iowa; thence departing the North line of Southhaven Addition to the City of Waterloo, Black Hawk County, State of Iowa, North 00°54'01" West, on the West line of said Parcel "D", Four Hundred Ninety-eight and Fifty-three Hundredths (498.53) feet, to a #4 Rebar with Yellow plastic cap, found on the South line of the North 540 feet South of the South line of Ridgeway Avenue; thence South 89°21' 13" West, on the South line of the North 540 feet South of the South line of Ridgeway Avenue, One Hundred Seventy-five and Five Hundredths (175.05) feet, (recorded as West 175 feet), to the Point of Beginning. Containing a total calculated area of 87,253 square feet, or 2.003 acres, more or less. I further certify that the accompanying plat is a true representation of such survey and is made in accordance with my field notes thereof; that the location of streets, avenues and lots and their representative names, numbers, widths, courses and dimensions are to be as shown on the accompanying plat; that said survey and plat contain and show any excesses and/or deficiencies from former surveys, and that iron stakes are set at all lot corners by one year from this date. WITNESS my hand and seal at Waterloo, Iowa, this day of , 2020. (signature) Jayme M. Malone License number 11807 My license renewal date is December 31, 2021 Pages or sheets covered by this seal: 1 Husker Surveying LLC 4535 Normal Blvd., Ste. 101 Lincoln, NE 68506 HUSKER SURVEYING Ph: 402-423-5202 Fax: 402-423-5211 Page 89 of 109 CITY OF WATERLOO, IOWA ENGINEERING DEPARTMENT 715 Mulberry St. c Waterloo, IA 50703 • Phone (319) 291-4312 Fax (319) 291-4262 Email: city.engineer@waterloo-ia.org JAMIE KNUTSON, PE • City Engineer May 5, 2020 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT KIMBALL ADDITION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. ennis J. Gentz, P. . Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 90 of 109 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 109 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): AutoZone, Inc. - Cassandra Peeler Address: 123 S. Front Street, 3rd Floor Phone: 901-495-8753 City: Memphis State: TN Zip: 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: City: State: 2. PROPERTY INFORMATION: a. Name of Plat: Kimball Addition Phone: Zip: b. General Location of Property: PID 8813-03-151-030 along Kimball Avenue c. Area of Proposed Plat: Total Area is 2,003 Acres d. Area of Proposed Plat to be dedicated/conveyed to the City: N/A e. Value of area to be dedicated/conveyed to the City: N/A f. Zoning District(s): S-1 Shopping Center Comm. District 3. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six (6) copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. c. Four (4) copies of Deed of Dedication (2 must be original signatures) d. Four (4) copies of all Petition and Waiver forms (2 must be original signatures) e. Four (4) copies of Certificate of Survey (2 must be original signatures) 4. PUBLIC IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No X b. If yes specify why and for what for? c. Costs: _Estimate _Actual Total Cost Requested City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ The Request Fee of $215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Appl cant Date Signature of Owner Date (rTO?.Otifillitt. Page 92 of 109 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 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 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 109 LEGAL DESCRIPTIONS 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. 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 94 of 109 CITY OF WATERLOO Council Communication Historic Preservation minutes of February 18, 2020. City Council Meeting: 5/11/2020 Prepared: 5/6/2020 REVIEWERS: Department Reviewer Action Date P lanning & Zoning Schroeder, Aric Approved 5/6/2020 - 10:23 AM Clerk Office Higby, Nancy Approved 5/6/2020 - 10:52 AM ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Historic Preservation minutes of February 18, 2020. Submitted by: Submitted By: Page 95 of 109 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — February 18, 2020— 4:30 P.M. Meeting was held by Zoom online meeting application 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, Mathew Gilbert, Susan Price, Alice Rohret, and Nick Hedrick. Commission Member(s) absent were: Terry Stevens Others Present electornically: Pat Morrissey — City Council Liaison, John Dornoff — Planning Staff; and Ed Gallagher — Grout Liaison. Approval of Agenda Motion made by Rohret, seconded by Price to approve the agenda of the April 21, 2020 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Price to approve the minutes of the February 18, 2020 meeting. Motion carried unanimously. Oral Presentations No Presentations Hearings Request by Jon Olson for a Certificate of Appropriateness for a new sliding door at 321 Highland Avenue. Dornoff read the staff report and noted that none of the historic surveys are the Highland Neighborhood looked at the back door so it was impossible to determine the age of the door. Jon Olson, 1321 N. Kline Street, Aberdeen, South Dakota, 57404 the applicant explained why he is requesting to put in the new door including that the current door size is not built anymore and that the existing door is not historic. Ottesen stated the door is not likely historical and is in the back of the building where it will not been seen. Gilbert asked if the trim would be the same to which the Olson said yes the trim would be the same. Motion made by Hedrick, seconded by Rohret to approve the Certificate of Appropriateness for 321 Highland Drive. Motion carried unanimously. -1- Page 96 of 109 Request by Christopher T. Schwartz for a Certificate of Appropriateness for two new gardens and 2' tall wood picket fences at 214 Highland Drive. Dornoff read the staff report. Christopher T. Schwartz, 214 Highland Drive, Waterloo, Iowa 50703 explained the request. Gilbert asked about what regular upkeep will be need to which Schwartz explained. Motion made by Hedrick, seconded by Price to approve the Certificate of Appropriateness for 214 Highland Drive. Motion carried unanimously. Request by Thomas Zahn and Associates to extend the deadline for the Battle for Equality Civil Rights project to December 31, 2020. Dornoff explained that due to the COVID-19 lockdowns the consultant team is unable to currently work on the project so are seeking an extension of the contract to December 31, 2020. Motion made by Price, seconded by Rohret to recommend that the contract for Thomas Zahn & Associates be extended to December 31, 2020. Motion carried unanimously. Election of Vice -Chairperson for remainder of 2020 Calendar Year. Dornoff said that Morehouse is no longer on the commission so she needs to be replaced as Vice -Chairperson. Price volunteered to serve as Vice -Chairperson. Motion made by Hedrick, seconded by Rohret to appoint Price as Vice -Chairperson for the remainder of the 2020 calendar year. Motion carried unanimously. Reports 1. Main Street Design review meetings have gone virtual but everything is on hold right now. 2. Silos and Smokestacks. No Report 3. Grout Museum 19th Amendment displays are currently up. St. Patrick's Day Banquet March 15th, $12 a person. Garden tour on June 27th. 4. Building Update -2- Page 97 of 109 Dornoff said that he did receive an inquiry about the Courier building in the last month and sent the person information. 5. Project Update No update. 6. Highland 204 Alta Vista, which has been empty for several years, has been sold to family. 7. Walnut The roof on Walnut Baptist Church has been repaired. Laura Hoy is applying for grants to work towards a creative reuse of the building. Discussion Items/Possible Action Items 1. HPC Awards Banquet To save money members of the commission will be bringing their own food for the banquet along with deli and cheese trays from Hy-Vee. 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. Taking longer than expected for the school district to do the translations. 3. Main Street Waterloo Collaboration Ottesen will continue to work with Main Street to cooperate on projects. 4. Preservation Iowa June 4-6 Dubuque Dornoff noted that he will be speaking at the conference and Rohret stated that her husband and her will be attending the conference. 5. City Owned Properties/Demo List Nothing to report. 6. Dilapidated Housing Sub -Committee Dornoff reported that the dilapidated housing sub -committee met for the first time on February 11th. In attendance was David Deeds, Laura Hoy, Noel Anderson, Chris Western, Ali Parrish, and Terrance Hollingsworth. -3- Page 98 of 109 Dornoff said the group had a good discussion talking about the big picture problems facing Waterloo but Deeds was upset that there was not a actual member of the commission present. Gilbert volunteered to serve on the subcommittee. 7. Action Plan Commission went over the action plan. Other Discussion: Mathew Gilbert introduced himself as the newest member of the commission. Adjournment Ottesen adjourned the meeting at 5:25p.m. Respectfully submitted, John Dornoff Planner I -4- Page 99 of 109 CITY OF WATERLOO Council Communication Board of Adjustment minutes of February 25, 2020. City Council Meeting: 5/11/2020 Prepared: 5/6/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/6/2020 - 10:26 AM Clerk Office Higby, Nancy Approved 5/6/2020 - 10:53 AM ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Board of Adjustment minutes of February 25, 2020. Submitted by: Submitted By: Page 100 of 109 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON March 25, 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, April Leadley, John Beckman, John Chiles and Jeri Thornsberry. Staff in attendance were: Aric Schroeder, John Dornoff, Seth Hyberger and Chris Western. I. Approval of the March 24, 2020 agenda. It was moved by Beckman and seconded by Chiles to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on February 25, 2020. It was moved by Chiles, seconded by Leadley to approve the minutes of the November 26, 2019 and January 28, 2020 Regular Meeting with corrections. Beckman pointed out one correction in the November 26, 2019 minutes and two corrections in the January 28, 2020 minutes. Motion carried unanimously. III. Decision Items 1. Request by Nagle Signs on Behalf of the Waterloo Public Library for a variance to the sign regulations, to allow for the construction of an 11'2" x 12' 6" (124.75 sf) digital monument sign, 84.75 sf more than the maximum 40 sf allowed within the "C-3" Central Business District located at 415 Commercial Street. Dornoff gave staff the 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. There appears to be uniqueness to the request. 3. The request would not appear have a negative impact on traffic conditions in the area. 4. The sign has been approved by the Waterloo Main Street Design Review Committee. It was moved by Chiles, seconded by Leadley to approve the 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 and a variance to allow for the future expansion to be constructed within 20', 10' short of the required 30' minimum setback along Williston Avenue. Motion carried unanimously. 2. Request by Eric Johnson for a variance to the Accessory Structure Regulations to allow for the construction of a 26' x 36' detached garage in the front yard, within the "R-1" One and Two Family Residence District, located at 2 Winter Ridge Road. Western gave the staff the report that recommended approval of the request for the following reasons: It was moved by Beckman, seconded by Chiles to approve the request for a variance to allow for a lot at 662 Conger Street to be 3,700 square feet, 2,300 square feet less than the 6,000 minimum square feet required, a variance to the rear yard setback requirement to allow for a 11' setback, 9' less than the 20' Page 101 of 109 BOARD OF ADJUSTMENT February 25, 2020 Minutes minimum rear yard setback required, a variance to the minimum parking spaces to allow for zero off- street parking spaces, 2 less than the 2 minimum required and a variance to the minimum lot size to allow for a 3,000 square foot lot, 3,000 square foot less than the 6,000 minimum square foot required at 710 Grandview Avenue. Motion carried unanimously. 3. Request by Eric Johnson for a variance to re-establish a legal non -conforming use in the "R-2" One and Two Family Residence District to allow for an auto sales and incidental auto repairs located at 1801 Lafayette Street. 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. It was moved by Chiles, seconded by Beckman to approve the request for a Special Permit to expand an existing salvage yard and build a 100 X 100 -10, 000 square foot building located at 1041- 1049 Sheffield Avenue. Motion carried 3 to 1 with Leadley voting against the request. IV. Election of Officers It was moved by Chiles, seconded by Beckman to nominate Condon as Chair and Thornsberry as Vice - Chair. The motion carried unanimously. V. Discussion Leadley discussed the illegal signage at New Star Convenience store located at 315 Fletcher Avenue. She stated that the signage that contained the advertisement of liquor has been covered up by white tape but the word liquor is still visible. Schroeder stated he did visit the site and that some of the signs were replaced however there are others that have been taped over and staff will be addressing it. VI. Adjournment It was moved by Beckman, seconded by Leadley to adjourn the meeting at 5:55 p.m. Motion carried unanimously. Sincerely, d%irnsto,4ee it/ Western( Christopher W. Western Planner II/Brownfield Coordinator 2 Page 102 of 109 CITY OF WATERLOO Council Communication Board of Adjustment minutes of March 24, 2020. City Council Meeting: 5/11/2020 Prepared: 5/6/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/6/2020 - 10:26 AM Clerk Office Higby, Nancy Approved 5/6/2020 - 10:54 AM ATTACHMENTS: Description Type ❑ minutes Cover Memo SUBJECT: Board of Adjustment minutes of March 24, 2020. Submitted by: Submitted By: Page 103 of 109 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MARCH 24, 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 via Zoom conferencing were: Brad Condon, April Leadley, John Beckman, and Jeri Thornsberry. Board members present were: John Chiles. Staff in attendance were: Aric Schroeder and Chris Western. Staff members present via Zoom: Noel Anderson. I. Approval of the March 24, 2020 agenda. It was moved by Thornsberry and seconded by Beckman to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on February 25, 2020. It was moved by Beckman, seconded by Chiles to approve the minutes of the February 25, 2020 Minutes. Beckman pointed four minor corrections. Motion carried unanimously. III. Decision Items 1. Request by Nagle Signs on Behalf of the Waterloo Public Library for a variance to the sign regulations, to allow for the construction of an 11'2" x 12' 6" (124.75 sf) digital monument sign, 84.75 sf more than the maximum 40 sf allowed within the "C-3" Central Business District located at 415 Commercial Street. 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. There appears to be uniqueness to the request. 3. The request would not appear have a negative impact on traffic conditions in the area. 4. The sign has been approved by the Waterloo Main Street Design Review Committee. Brian Buss of Nagle Signs explained the request and offered to answer any questions the board may have. The board had no questions and there was no one in opposition to the request. It was moved by Chiles, seconded by Thornsberry to approve the request by Nagle Signs on Behalf of the Waterloo Public Library for a variance to the sign regulations, to allow for the construction of an 11'2" x 12' 6" (124.75 sf) digital monument sign, 84.75 sf more than the maximum 40 sf allowed within the "C-3" Central Business District located at 415 Commercial Street. Motion carried unanimously. 2. Request by Eric Johnson on behalf of Mary Beecher Petersen for a variance to the Accessory Structure Regulations to allow for the construction of a 26' x 36' detached garage in the front yard, within the "R-1" One and Two Family Residence District, located at 2 Winter Ridge Road. Western 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, as the proposed accessory structure will have a front yard setback of approximately 300', and 46' between the proposed detached garage and the house to the west at 6 Winter Ridge Drive. 2. There appears to be somewhat of a uniqueness to this request, as the area is rural in nature and heavily wooded with mature trees making the proposed garage less Page 104 of 109 BOARD OF ADJUSTMENT March 24, 2020 Minutes visible, and the home was built towards the very rear of the lot leaving little options for where else a detached garage could be located. 3. The average lot size of the surrounding properties is 1.36 acres, which would appear to minimize potential negative impacts the proposed accessory structure may have. 4. The applicant has submitted a signed petition in favor of the request from the property owners to the east at 6 Winter Ridge Road. Staff recommends approval of the request with the following conditions: 1. That the existing shed currently in the front yard be removed from the site. Beckman asked clarification as to whether 6 Winter Ridge Drive was to the east or west of the site in question. Staff noted that it is to the west. Eric Johnson who represents the homeowner offered to answer any questions. There were no questions from the board or any opposition to the request. It was moved by Beckman, seconded by Chiles to approve the request by Eric Johnson on behalf of Mary Beecher Petersen for a variance to the Accessory Structure Regulations to allow for the construction of a 26' x 36' detached garage in the front yard, within the "R-1" One and Two Family Residence District, located at 2 Winter Ridge Road with the condition that the existing shed in the front yard be removed. Motion carried unanimously. 3. Request by Eric Johnson for a variance to re-establish a legal non-conforming_use in the "R-2" One and Two Family Residence District to allow for an auto sales and incidental auto repairs located at 1801 Lafayette Street. Western gave the staff report that recommended approval of the request for the following reasons: 1. There would appear to be a lack of reasonable return to the request, as the structure was designed and setup for commercial uses in an "R-2" One and Two Family Residence District in 1941 before the adoption of the ordinance. 2. There would appear to be somewhat of uniqueness to the request, as the property has served as several businesses that served the neighborhood since 1941, and is located along a Minor Arterial roadway with other commercial and industrial uses in the vicinity. Subject to: 1. The building be painted within 12 months. 2. Block cars from driving on grass lot to the east and plant grass seed. Chiles asked if the board could require sod instead of over seeding. Staff indicated that sod would be much more expensive and perhaps not a reasonable requirement to place on the applicant. Condon asked for clarification of the area that staff is requiring seeding and where the curb stops would be placed. Staff indicated that a fence or curb stops should be placed along the driveway of the home to the east. Beckman asked it the condition to require the resurfacing of the existing parking lot should be added as a condition. Western stated that initially staff was going to require it but decide to only require the seeding and the painting of the building. Schroeder further explained the grass lot is not a part of the request to re- establish a legal non -conforming use but that staff had concerns with the condition of that portion of the lot. Chiles asked if there is a time frame for completion of the seeding and the painting of the building. Western stated that 12 months appears to be a fair time frame. Schroeder stated that staff would certainly like to see the fence or curb stops installed fairly soon at staff will work with the applicant on a reasonable time frame. Beckman asked Chiles 2 Page 105 of 109 BOARD OF ADJUSTMENT March 24, 2020 Minutes if there is a time frame that he would recommend. Chiles stated that a 1 year time frame is reasonable but was concerned that it may not be enough with the Corona virus pandemic perhaps that may not be long enough. Thornsberry agreed that 1 year to paint the building is reasonable but that the lot should be seeded this spring. The board agreed to have two separate time frames that would require the seeding to happen this spring and the building to be painted within 1 year. Eric Johnson who represents the owner explained his client believes that the business did not lose the legal non -conforming status but that city believes it did and recommended the applicant apply to re-establish the use; and that his client did not know he was operating illegally. Johnson went on to explain that his client owns a rental house to the north of the site in question that had a bad tenant which drew the attention of Code Enforcement to deal with junk laying in the yard and that's when the question of whether his applicant was operating an illegal business or not came up. Johnson also stated that the property was originally a gas station and would never be used for residential purposes and his client's use of the property is non -evasive, as he simply fixes and sells a couple of cars a year at the site. Also, he and his client agree with the request by staff that requires the closing off and over seeding the lot to the east and the painting the building to improve the esthetics of the overall property. Condon asked for clarification on the number of cars that would be on site at any given time. Johnson stated that his client fixes and sell 1 to 2 cars a year and that if he were to sell more than six cars in a calendar year he would have to apply for a D.O.T. license to do so. Schroeder confirmed that if more than six cars are sold in a year that the applicant would have to get a zoning letter from the city to submit to the D.O.T for a license. Also, staff is not concerned with the applicant securing a license to sell cars at the site. Beckman stated he is concerned with a large amount of cars being sold from the property and asked how many cars could be parked on the site. Johnson stated he did not know the answer but stated his client at this time has no intention of applying for a license to sell cars. Schroeder estimated a total of ten cars could be parked on the site. Beckman stated 10 would be too many. Chiles asked if there were any opposition to the request. Western stated that there was not. Johnson stated that his client owns the property surrounding the site in question. Chiles asked if the board could put a time limit on when the lot to the east has to be blocked off. Johnson stated the his applicant is not opposed to a 6 month time limit but felt that he would complete it this spring. It was moved by Chiles, seconded by Thornsberry to approve the request for a variance to re-establish a legal non -conforming use in the "R-2" One and Two Family Residence District to allow for an auto sales and incidental auto repairs located at 1801 Lafayette Street, with the conditions that the building be painted or sided within 12 months and the lot to the east be blocked off and seeded within 6 months. The motion carried unanimously. 4. Request by Lamar Advertising for a Special Permit to the "S-1" Shopping District for a new billboard, located at 2010 Sears Avenue. Western gave staff report that recommended approval of the request 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. Condon asked for clarification on which direction the electronic sign will face and if the sign will be on the roof. Western explained it will face La Porte Road and that the sign will overhang the roof of Advanced Auto Parts. Beckman asked if the sign would be closer to San Marnan or to Advanced 3 Page 106 of 109 BOARD OF ADJUSTMENT March 24, 2020 Minutes Auto Parts. Western stated that it will be closer to Advanced Auto Parts building and overhang the building. Leadley asked if this sign would be in addition to the existing Auto Parts sign. Western stated that it would. Condon asked if there were any objections on file from Pancheros. Western stated that a notice was sent out to all property owners within 250' prior to the Site Plan Amendment request heard by the Planning and Zoning Commission meeting and staff receive no comments. The applicant Tom Weber explained that the sign will be moved closer to the Advanced Auto Parts store building and further away from Pancheros in an attempt to eliminate the concerns that were raised in 2016 by the neighboring businesses and that the proposed sign will be 1000' from his existing billboard on the corner of San Marnan and LA Porte Road. Leadley asked if Advanced Auto will be using the sign as well. The applicant stated that the sign will be for off -premise advertisement and that there is a high level of requests for advertising especially for local businesses. It was moved by Beckman, seconded by Thornsberry to approve the request by Lamar Advertising for a Special Permit to the "S-1" Shopping District for a new billboard, located at 2010 Sears Avenue. The motion carried 3 to 2 with Condon and Leadley voting against the request. 5. Request by Eagle Mart DBA as Alli's Corner for a variance to expand a legal non- conforming use to allow for a 32' x 38' (1,216 sf) expansion of a non -limited alcohol sales use, located within the "C-2" Commercial District located at 1117 East 4th Street. Hyberger 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 by allowing a non - limited alcohol sales use to expand its existing operation. 2. The request will not result in an over concentration of non -limited alcohol sales uses in one area. Beckman asked if there were any oppositions on file. Hyberger stated that he was not aware of any. Councilman Amos expressed concerns with the request stating that the business is in an overlay district and that the community does not need more liquor sales. The applicant's contractor Greg Bulicek owner of all seasons Construction stated that 75% of the sales is non -liquor related. And that the reason for the expansion request was to add more grocery items by adding several new coolers and to make the store more organized; not to expand the liquor business. Beckman asked if this a liquor store that sells groceries or a grocery store that sells liquor. Bulicek stated its both but they do not expect to sell much more liquor than they currently do. Schroeder stated that the site is considered a legal non -conforming non -limited alcohol sales use and is not subjected to a cap as to the amount of alcohol sales and would legally be allowed to sell more alcohol. Chiles asked if the site was a limited alcohol sales use would a variance still be needed. Schroeder explained that a variance would still be needed as the use is in an overlay district and overlay districts do not allow for limited or non -limited alcohol off -premise consumption unless they are over ten thousand square feet which would then classify it as a grocery store but since the existing use is a legal non- conforming use it is eligible for a variance. Leadley asked if the owner could reconfigure the existing store to accommodate the new coolers instead of expanding the store. Bulicek stated that the coolers that are being installed are bulky there for they need the extra space. Also, the expansion will allow for a more open floor plan to allow wider aisles for easier accessibility and to allow for employees to have better visibility and control over the store. The owner of the business Dilawar Kahn addressed the board and reiterated that the expansion is mainly for expanding the grocery portion of the store. Candy shelves require 10' space between them and shelves for potato chips need 15' between them. Also, he plans to change the sign so that the store is seen as a convenience store rather than a liquor store. Kahn also stated that he just recently purchased the store and feels that the previous owner did not do a good job maintaining the store and he is trying to fix the store up. The store is very congested and is difficult to keep clean and organized. When deliveries are being made the delivery 4 Page 107 of 109 BOARD OF ADJUSTMENT March 24, 2020 Minutes employees are bumping into each other which makes it very difficult for them. It is his goal to make the store "feel like you are somewhere" not at a liquor store in a bad neighborhood. Kahn went on to say he spent 70K on his store at 926 Linn Street and plans to do the same at this location. It was moved by Thornsberry and seconded by Leadley to approve the request by Eagle Mart DBA as Alli's Corner for a variance to expand a legal non -conforming use to allow for a 32' x 38' (1,216 sJ) expansion of a non -limited alcohol sales use, located within the "C-2" Commercial District located at 1117 East 4th Street. The motion carried 3-2 with Beckman and Leadley voting no. 6. Request by Air Care for a variance to the provision prohibiting any Commercial, Manufacturing, or Professional Services from being carried on in a mobile home, trailer, recreational vehicle, or similar motor vehicle to allow for the placement of a 27' 4" x 56' mobile trailer on Waterloo Airport grounds within an "M-2", P" Planned Heavy Industrial District located at 2790 Livingston Lane. Western gave the staff report that recommended approval of the request for the following reasons: 1. There would appear to be lack of reasonable return, as there are extremely limited locations available that would meet the requirements for safely and efficiently operating an air medical crew. 2. There would appear to be a uniqueness to the request as air medical services crews require living quarters with kitchen, private bath rooms and showers for up to four (4) members and be located in close proximity of the hanger and aircraft. 3. There are no objections on file. Justin Tucker the area manager for the AirCare program gave an update on the request and explained that the original plan was to tie into and existing septic tank between hanger 2 and 5 is too small to handle additional waste. Therefore, they are now proposing to move the trailer to the west side of hanger 5 and install a new septic tank. Beckman asked for clarification of the type of building being proposed. Tucker explained that it is a mobile home and will meet all ADA requirements. Beckman asked for clarification as to the location of the mobile home. Tucker explained that the mobile home will be to the west of hanger 5 and face west. Schroeder reiterated that the original proposed location, option #1 was between hangers 2 and 5, but is being moved to the west of hanger 5 and staff is recommending approval of the new location and would ask that the board also consider approving option #2 located to the south of the snow maintenance building, as there is sanitary sewer that could be utilized although it would be difficult; but it would give AirCare more than one option. Beckman discussed the three options and asked were the air craft be parked if option #2 was used. Tucker stated that is something that would have to be discussed. Airport Director Kieth Kaspari spoke in favor of the option #3 as it would allow for the fastest response as the aircraft would be parked immediately to the north of the mobile home. Option #2 possess several complications which would include where to park the aircraft, increased response time and difficulties tying into the existing sanitary sewer. It was moved by Beckman seconded Chiles by to approve the request by Air Care for a variance to the provision prohibiting any Commercial, Manufacturing, or Professional Services from being carried on in a mobile home, trailer, recreational vehicle, or similar motor vehicle to allow for the placement of a 27' 4" x 56' mobile trailer on Waterloo Airport grounds within an "M-2, P" Planned Heavy Industrial District located at 2790 Livingston Lane. Motion carried unanimously. 5 Page 108 of 109 BOARD OF ADJUSTMENT March 24, 2020 Minutes IV. Discussion No discussion was had. V. Adjournment It was moved by Beckman, seconded by Chiles to adjourn the meeting at 6:00 p.m. Motion carried unanimously. Sincerely, Christopher W. Western Planner II/Brownfield Coordinator 6 Page 109 of 109