HomeMy WebLinkAboutCouncil Packet - 1/3/2022 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
Harold E. Getty Council Chambers
Monday, January 3, 2022
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 REGULAR SESSION AGENDA
A 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 public is required to follow the rules listed in this article when speaking during
any meeting of the city council.
R At the presiding officer's discretion,individuals may address the presiding officer by stepping to the podium,and after
recognition by the presiding officer,shall state their name,address and group affiliation,if appropriate,and speak clearly into the
microphone.
C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks.
D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting.
Page 1 of 249
RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA
A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if
they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting.
Individuals who have not registered shall not be permitted to speak during the public comment portion of
the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date.
Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the
meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerk@waterloo-ia.org.
B. Council members may speak during public comment portion of the agenda after the public has finished
speaking
C. City staff shall not be required to provide an immediate answer to a matter presented during a council
meeting unless it specifically pertains to an item on the agenda
RULES FOR PUBLIC COMMENTDURING PUBLIC HEARINGS
Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of
three (3)minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public
hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the
viewpoint of the group.
RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS
At the discretion of the presiding officer,individuals may speak for a maximum of three(3)minutes when
the council discusses agenda items. This section does not apply to businesses or parties directly involved
in agenda items.
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Jerome Amos, Ward 4 Council Member
Agenda, as proposed or amended.
Minutes of December 20, 2021, Regular Session, as proposed.
Minutes of December 20, 2021, Work Session, as proposed.
PUBLIC COMMENTS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not
require cities to allow public participation except during public hearings. The City of
Waterloo encourages the public to participate during the Oral Presentations by following the
rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without separate
discussion, unless someone from the council or public requests that a specific item be
considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in
the office of the City Clerk.
2. Resolution approving the request of Emily Thompson, for tax exemptions on the
construction of a new single family home valued at $406,621 for property located at 1443
Page 2 of 249
Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA).
Submitted By:Noel Anderson, Community Planning and Development Director
3. Resolution approving the request of Jason and Emily Dougherty, for tax exemptions on the
construction of a new single family home valued at $370,000 for property located at 1620
Blue Wing Drive, and located in the City Limits Urban Revitalization Area(CLURA).
Submitted By:Noel Anderson, Community Planning and Development Director
4. Resolution approving the request of Choyo Wilson-Daniel, for tax exemptions on the
construction of a new single family home valued at $407,631 for property located at 1461
Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA).
Submitted By:Noel Anderson, Community Planning and Development Director
5. Resolution approving the request of Nenud Dostunic, for tax exemptions on the
construction of a new single family home valued at $323,756 for property located at 3350
Lincolnshire Road, and located in the City Limits Urban Revitalization Area(CLURA).
Submitted By:Noel Anderson, Community Planning and Development Director
6. Resolution approving the request by the City of Waterloo to rename Hess Road to La
Porte Road, between Shaulis Road and Grimm Street.
Submitted By:Aric Schroeder, City Planner
7. Resolution approving a request by the City of Waterloo to rename public street Dublin
Drive to private street Dublin Drive, located east of 1422 Irish Drive.
Submitted By:Aric Schroeder, City Planner
8. Resolution setting date of public hearing as January 18, 2022 to authorize the sale and
conveyance of a portion of a city-owned lot, located northerly of 1217 Sycamore Street,
to Lola Montgomery, in the amount of$549.12, plus closing costs, and authorize the City
Clerk to publish notice.
Submitted By:Noel Anderson, Community Planing and Development Director
9. Resolution setting date of public hearing as January 18, 2022, to approve the request by
Gray Transportation for a site plan amendment to the "M-2,P" Planned Industrial District,
to allow for the expansion of their site at 2459 GT Drive, with an additional 116 foot by 80
foot truck maintenance facility, and instruct the City Clerk to publish notice.
Submitted By:Noel Anderson, Community Planning and Development Director
10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date
of bid opening as February 3, 2022, and date of public hearing as February 7, 2022, in
conjunction with the Five Sullivan Brothers Convention Center Plaza Renovation Project,
and instruct the City Clerk to publish notice.
Submitted By:Noel Anderson, Community Planning and Development Director
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Lieutenants Charles Donohue and Jonathan Kieler and Firefighter Jonathan
Eastman
Class/Meeting: Smoke Diver hosted by the Mississippi State Fire Academy
Destination: Jacksonville, MS
Dates:February 20-25, 2022
Amount not to exceed: $2,713.00
b. Tim Andera, Economic Development Specialist
Class/Meeting: Heartland Economic Development Course
Page 3 of 249
Destination:Blue Springs, MO
Dates:April 26-29, 2022
Amount not to exceed: $1,745.00
2. APPOINTMENTS
a. Mary Potter
Board/Commission:Water Works Board
Expiration Date: January 12, 2028
Re-Appointment
b. Tina Hummel
Board/Commission: Community Development Board
Expiration Date:August 14, 2023
New Appointment
C. Zach Hansen
Board/Commission:Main Street Waterloo Redevelopment Authority
Expiration Date:December 31, 2022
Re-Appointment
d. Samantha Meier
Board/Commission:Main Street Waterloo Redevelopment Authority
Expiration Date:December 31, 2024
New Appointment
e. Nicholas Hedrick
Board/Commission:Main Street Waterloo Redevelopment Authority
Expiration Date:December 31, 2024
New Appointment
f Purvis Williams
Board/Commission:Main Street Waterloo Redevelopment Authority
Expiration Date:December 31, 2024
New Appointment
g. Brandon Alvarado
Board/Commission:Main Street Waterloo Redevelopment Authority
Expiration Date:December 31, 2022
New Appointment
h. Michael Huisman
Board/Commission:Main Street Waterloo Redevelopment Authority
Expiration Date:December 31, 2022
New Appointment
i. Brendon Wagner
Board/Commission:Main Street Waterloo Redevelopment Board
Expiration Date:December 31, 2022
New Appointment
PUBLIC HEARINGS
Page 4 of 249
2. Request by 3 Stooges, LLC, for a site plan amendment to the "M-2,P" Planned
Industrial District to allow for the construction of three (3) new commercial buildings on
their site on Martin Road, located north of 2010 West Ridgeway Avenue.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING -No comments on file.
Motion to close hearing and receive and file oral and written comments and recommendation of
approval of the Planning, Programming and Zoning Commission.
Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance
No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning
Map referred to in Section 10-4-4, approving a site plan amendment to the "M-2,P" Planned
Industrial District to allow for the construction of three (3) new commercial buildings on their
site on Martin Road, located north of 2010 West Ridgeway Avenue.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the ordinance.
Submitted By:Noel Anderson, Community Planning and Development Director
RESOLUTIONS
3. Resolution approving the Experience Waterloo Board recommendation for funding in the Partner
and Event Hotel/Motel Tax Grant funds for third and fourth quarters of FY 2022, in the amount
of$38,000.
Submitted By: Tavis Hall, Executive Director of Waterloo Convention and Visitors Bureau
4. Resolution approving a Grant Agreement with Black Hawk Gaming, in the amount of$400,000,
for the Cedar River Lighting Project, and authorizing the Mayor and City Clerk to execute said
documents.
Submitted By:Noel Anderson, Community Planing and Development Director
5. Resolution approving a Temporary Construction Easement Agreement with Sandra L. Utsler,
Angela C. Lund and Danielle Utsler-Stone, in the amount of $394.94, in conjunction with
reconstruction of the 11th Street Bridge located at 181 West 11th Street, and authorizing the
Mayor and City Clerk to execute said document.
Submitted By:Noel Anderson, Community Planning and Development Director
6. Resolution approving a Temporary Construction Easement Agreement with C and S Properties,
LC, in the amount of $198.63, in conjunction with reconstruction of the 11th Street Bridge
located at 185-189 West 11th Street, and authorizing the Mayor and City Clerk to execute said
document.
Submitted By:Noel Anderson, Community Planning and Development Director
7. Resolution approving a Temporary Construction Easement Agreement with Howard Allen
Investments, Inc., in the amount of$1,808.61, in conjunction with reconstruction of the Park
Avenue Bridge located at the northwest corner the Park Avenue Bride and the Cedar River, and
authorizing the Mayor and City Clerk to execute said document.
Submitted By:Noel Anderson, Community Planning and Development Director
8. Resolution approving a Temporary Construction Easement Agreement with U.S. Bank National
Association, in the amount of$1,268.47, in conjunction with reconstruction of the Park Avenue
Bridge located at the northwest corner the Park Avenue Bridge and the Cedar River, and
authorizing the Mayor and City Clerk to execute said document.
Submitted By:Noel Anderson, Community Planning and Development Director
Page 5 of 249
9. Resolution approving an Acquisition Contract with Burk A. Miehe and Julianne D. Miehe, to
acquire 0.81 acres of right-of-way and approving a temporary easement agreement for 0.36
acres, in the amount of $11,178, and up to $1,000 in closing costs, located north of 6216
Hammond Avenue, in conjunction with the Hammond Avenue Sink Creek Bridge Construction
Project, and authorizing the Mayor and City Clerk to execute said documents.
Submitted By:Aric Schroeder, City Planner
10. Resolution approving a Professional Services Agreement with Strand Associates of Madison,
Wisconsin, in an amount not to exceed $20,000, in conjunction with engineering services for the
Wastewater Treatment Plant and Collection Systems Operations Project, and authorizing the
Mayor to execute said document.
Submitted By: Brian Bowman, Treatment Operations Supervisor
11. Resolution approving a request by the City of Waterloo for the Final Plat of Borwig Addition, a
6-lot residential subdivision located south of 203 Fairfield Street.
Submitted By:Noel Anderson, Community Planning and Development Director
12. Resolution approving construction plans for the Schoitz Addition Private Sanitary Sewer
Extension Project, as submitted by Crawford Engineering& Surveying, Inc., of Independence,
Iowa, and a Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of
Natural Resources, and final acceptance of construction plans, subject to the review and
acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said
documents.
Submitted By: Dennis Gentz, PE,Assistant City Engineer
13. Resolution approving Amendment No. 6 to the Development Agreement with Central Property
Holdings, LLC, originally executed August 17, 2017, to raise the minimum assessed value from
$2.5 million to $4.0 million, and eliminate the mortgage on the property, for the All-In Grocers
Project, and authorizing the Mayor and City Clerk to execute said documents.
Submitted By:Noel Anderson, Community Planing and Development Director
14. Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent,
Bond Registrar, and Transfer Agent and approving the Paying Agent, Bond Registrar and
Transfer Agent Agreement in conjunction with the $14,075,000 Taxable General Obligation
Bonds, Series 2022A, and authorizing the Mayor and City Clerk to execute said documents.
Submitted By: Michelle Weidner, Chief Financial Officer
15. Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds and
Approval of the Continuing Disclosure Certificate, in conjunction with the $14,075,000 General
Obligation Bonds, Taxable Series 2022A, and authorizing the Mayor and City Clerk to execute
said documents.
Submitted By: Michelle Weidner, Chief Financial Officer
EXECUTIVE SESSION
Motion to adjourn to Executive Session
16. Executive Session on the purchase of real estate pursuant to Iowa Code Section 21.5(1)0).
Motion to adjourn Executive Session
Page 6 of 249
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
5:25 p.m. Special Session, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Leisure Services Commission Meeting minutes of November 9, 2021.
2. Airport Board Meeting minutes of November 17, 2021.
3. Board of Adjustment minutes of October 26, 2021.
4. Complete Streets minutes of October 26, 2021.
Page 7 of 249
CITY OF WATERLOO
Council Communication
Minutes of December 20, 2021, Regular Session, as proposed.
City Council Meeting: 1/3/2022
Prepared:
ATTACHMENTS:
Description Type
❑ Regular Session Minutes of 12/20/2021 Backup Material
Submitted by: Submitted By:
Page 8 of 249
December 20, 2021
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, December 20, 2021. Mayor Quentin Hart in the Chair. Roll Call:
Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon.
Prayer or Moment of Silence.
Pledge of Allegiance: Dave Boesen, At-Large Council Member
160774 - Juon/Grieder
that the Agenda, as amended,by removing Item 1.B.6, to be considered after the consent agenda, to
correct the address in item 1.A.9 to read 2010 West Ridgeway Avenue, and to remove Resolution
Item No. 9 from the agenda, for the Regular Session on Monday, December 20, 2021, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
160775 - Juon/Grieder
that the Minutes, as proposed, for the Special Session on Wednesday, December 1, 2021, Regular
Session on Monday, December 6, 2021, and Special Session on Thursday, December 9,202 1,be
accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Mayor Hart thanked councilpersons Morrissey, Klein and Juon for their dedication and years of
service to the City of Waterloo.
PUBLIC COMMENTS
Lynn Moller, did not provide an address, shared that during the last year the Waterloo Police
Department and its retirees, have endured quite a bit of hurtful and demeaning treatment through the
actions of certain members of council. He shared that he believes Mrs. Klein truly understands and
supports the Waterloo Police Department and thanked her for her service.
Dwayne Eilers, 1205 1/2 Bishop, shared that the city cited all 10 of his properties for not being
properly zoned for how he is using them. He shared that he owns two mechanic shops and that he
has been continually harassed by the city to remove items from his property that are a part of his
business. He explained that other properties in his area have a lot of junk and they are not being
harassed.
Nia Wilder, 129 University Avenue, thanked the outgoing council members for their service. She
thanked the council for what they are doing to remove the griffin. She shared that she did not feel
comfortable having the griffin and thanked council for listening to all of those who also shared that
they were uncomfortable with it.
Forest Dillavou, 1725 Huntington Road, thanked Mrs. Klein for serving all of Waterloo. He stated
that she is very responsive to her constituents, where other council members have not been. He
commented that this last election cycle was the worst he has seen in all his years living in Waterloo
and that he hopes his new Ward 1 Councilperson can represent him half as good as Mrs. Klein has.
He thanked all of council for their service.
Jessica Young, 316 W. 3rd Street, thanked Mr. Morrissey for his service to the community.
Todd Obadal, 124 Amity Drive, commented on the special session held Thursday, December 9,
2021, specifically on the point that Mrs. Klein made false statements regarding the dumping of raw
sewage into the river. He stated that he had submitted a records request to the city to produce
documentation to substantiate that her claim was false, but has not heard back. He listed a number
of ways that raw sewage is introduced into the river. He commented that due diligence has not been
done to warrant the censure of Ms. Klein.
Mr. Feuss shared that recently an individual active in the community took their own life. He shared
that there is help for people contemplating suicide and shared resources that people can turn to.
Mr. Boesen questioned when the labor contracts would come back to council for approval. He
questioned if revised employee handbooks would be presented to council and what the status is of
the project. He asked if future construction projects on city buildings could be spec'd to take place
Page 9 of 249
December 20, 2021 Page 2
afterhours or second shift to minimize the amount of disruption for city staff and anyone coming to
those departments to work with them. He questioned when a study on 5th and 6th streets will be
coming to council. He shared that Fletcher Avenue is now open.
Noel Anderson, Community Planning and Development Director, explained that the 5th and 6th
Street project is coming to a work session in January.
Mr. Morrissey commented on the need of the city to invest money in a warming center for the
homeless.
Mrs. Juon shared that she attended the police department's training session along with Mr. Boesen
and Mr. Feuss on racial equity. She appreciated the employee's openness and willingness to share
and listen to information. She shared that she is very proud of the accomplishments the council has
achieved over the last four years. She thanked Forest Dillavou and David Dryer for always being
respectful even though they do not see eye to eye and for coming to all of the meetings. She wished
everyone a Merry Christmas.
Mrs. Klein thanked David Dryer and Forest Dillavou for their involvement in city business.
160776 - Juon/Grieder
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
160777 - Juon/Grieder
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 December 13,
2021, in the amount of$2,428,571.75 and December 20, 2021, in the amount of
$4,127,300.54, 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. 2021-784.
2. Resolution approving request of Ajka Saric for a waiver for a concrete driveway, located at
1004 Black Hawk Road, with the elimination of the sidewalk section due to inability to meet
grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2021-785.
3. Resolution approving request of Dr. Jane Lindaman, on behalf of Waterloo Community
Schools, for a waiver to construct a heated public sidewalk at 1707 Williston Avenue, Lowell
Elementary School.
Resolution adopted and upon approval by Mayor assigned No. 2021-786.
4. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Woodruff Construction, LLC, of Waterloo, Iowa, at a total cost of
$305,341, in conjunction with the Five Sullivan Brothers Convention Center Skywalk
Improvements Project, and authorizing the Mayor to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2021-787.
5. Motion approving Final Quantity Summary for Lodge Construction, Inc., for a net decrease
of$4,973.92, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets
Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to
execute said document.
Page 10 of 249
December 20, 2021 Page 3
6. Resolution approving Completion of Project and Recommendation of Acceptance of Work,
for work performed by Lodge Construction of Clarksville, Iowa, in the amount of
$2,477,213.49, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets
Reconstruction Program, Contract No. 1015, and receive and file a two-year maintenance
bond.
Resolution adopted and upon approval by Mayor assigned No. 2021-788.
7. Motion approving Final Quantity Summary for Tricon Construction Group, for a net
decrease of$170,662.50, in conjunction with the FY 2020 Virden Creek Levee
Improvements Project, Contract No. 947, and authorizing the Mayor and City Clerk to
execute said document.
8. Resolution approving Completion of Project and Recommendation of Acceptance of Work
for work performed by Tricon Construction Group, of Dubuque, Iowa, in the amount of
$3,725,240.41, in conjunction with the FY 2020 Virden Creek Levee Improvements,
Contract No. 947, and receive and file a two-year maintenance bond.
Resolution adopted and upon approval by Mayor assigned No. 2021-789.
9. Resolution setting date of public hearing as January 3, 2022, to approve the request by 3
Stooges, LLC, for a site plan amendment to the "M-2,P"Planned Industrial District, to allow
for the construction of three new commercial buildings on their site on Martin Road, located
north of 2010 West Ridgeway Avenue, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2021-790.
10. Resolution approving cancellation of assessment for property located at 110 St. Croix Drive,
in the amount of$94.17 and authorizing the City Clerk to notify Black Hawk County
Treasurer of said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2021-791.
b. Motion to approve the following:
1 Travel Requests
Name &Title of Amount
Personnel Class/Meeting Destination Date(s) not to
Exceed
a. Bob Ball, Chief 2022 Building Code Madison, February 27— $1,260.00
Building Inspector Refresher WI March 2, 2022
b. Sgt. Hoelscher Bomb Robot pick up Clinton, TN October 18-21, $1,335.00
and training 2021
c. Greg Ahlhelm, Building Significant Changes Des Moines, January 11-14, $2,615.43
Official; Jeff Siebel, 2021 Building Codes IA 2022
Property Inspector;
Jennifer Spark, Permit
Writer
d. Officer Katelyn Hanson Basic Officer Johnston, IA January 4 - $9,984.00
Certification(ILEA) Aril 22, 2022
e. Taylor Mork, GM II and OSHA Forklift 1101 December $500.00
Logan Bemus, PMII Operator Training Campbell 2021 or
Ave, January 2022
Waterloo, date to be
IA determined
2• Approved Beer, Liquor, and Wine Applications
Name &Address of Class New or Expiration Includes
Business Renewal Date Sunday
Page 11 of 249
December 20, 2021 Page 4
a. The American Legion, 728 C Liquor w/Outdoor New 6/14/2022 x
Commercial Street Service
*Ownership Update*
b. Brown Derby Ballroom, 618 C Liquor Renewal 9/30/2022 x
Sycamore Street
c. Carlos O'Kelly's Mexican C Liquor w/Outdoor Renewal 12/30/2022 x
Cafe, 2060 Sovia Drive Service and Catering
d. Dollar General#20584, 1650 B Wine/C Beer Renewal 10/25/2022 x
Idaho Street
e. Golf Headquarters, 1850 W. B Beer Renewal 12/30/2022 x
Ridgeway Avenue, Suite 1
f. The Isle Casino Hotel B Liquor/B Wine New 4/30/2022 x
Waterloo, 777 Isle of Capri w/Outdoor Service
Boulevard *Ownership
Update*
g. Karma Bar, 309 W. 4th C Liquor w/Outdoor Renewal 10/14/2022 x
Street Service
h. Kings and Queens Club, 304 C Liquor w/Outdoor Renewal 11/15/2022 x
W. 4th Street Service
i. Target, 1501 E. San Marnan E Liquor Renewal 6/27/2022 x
Drive
3. Mayor Hart's recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or
Re-Appointment
Warren McCaw Memorial Hall Commission December 31, 2023 Re-Appointment
Angela Hickok Memorial Hall Commission I December 31, 2024 1 Re-Appointment
4. Motion to approve Tobacco License for Family Dollar#32879, located at 1608 University Avenue.
5. Motion to approve Change Order No. 5 for Vieth Construction Corporation, of Cedar Falls, Iowa, for
a net increase of $70,561, in conjunction with the FY 2021 Highway 63 Enhancements from
Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to
execute said document.
6. ,
lewa, for- a netiner-ease of$93,008.33, in eef��etien with the FY 2021 Shattlis Read Reeenstfuetion Hess Read to
Hwy 218 Pr-qjeet, Cei+tr-aet No. 1020, and authorizing the Mayor- and City C!eFk to exeeute said
doeume .
7. Motion to approve an Iowa Opioid Allocation Memorandum of Understanding, and authorizing the
Mayor and City Clerk to execute said document.
8. Motion to approve the Subdivision Distributor Settlement Participation form, relating to opioid
settlement, and authorizing the Mayor and City Clerk to execute said document.
9. Motion to approve the Subdivision Janssen Settlement Participation form,relating to opioid settlement,
and authorizing the Mayor and City Clerk to execute said document.
10. Motion to approve Change Order No. 25 with Cardinal Construction, Inc., of Waterloo, Iowa, for a
net increase of$3,021, in conjunction with the Five Sullivan Brothers Convention Center Addition
and Renovation Project, and authorizing the Mayor to execute said document.
11. Motion to approve Change Order No. 26 with Cardinal Construction, Inc., of Waterloo, Iowa, for a
net increase of$6,608, in conjunction with the Five Sullivan Brothers Convention Center Addition
and Renovation Project, and authorizing the Mayor to execute said document.
12. Bonds.
Page 12 of 249
December 20, 2021 Page 5
Roll call vote-Ayes: Six. Motion carried.
160778 - Boesen/Feuss
1.B.6. Motion to approve Change Order No. 7 with Peterson Contractors, Inc., of Reinbeck, Iowa,
for a net increase of$83,008.33, in conjunction with the FY 2021 Shaulis Road Reconstruction-Hess
Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute
said document. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen questioned the addition of three temporary stop signs and why the Traffic Department did
not complete the installation.
Jamie Knutson, City Engineer, explained that the stop signs were part of the project bid items and
currently part of the contract.
Dave Boesen requested clarification on the traffic control mobilization.
Jamie Knutson provided clarification.
PUBLIC HEARINGS
160779 - Morrissey/Amos
that proof of publication of notice of public hearing on a request by Viola Sailor, Glen Moore, and
Merville Howard to vacate and leave in place 274 linear feet of sidewalk, located on the south side
of Gable Street west of Ankeny Street, as published in the Waterloo Courier on December 10, 2021.
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.
Mery Howard, 74 Gable, shared that people drive on the sidewalk because the sidewalk and the
street are on the same level without anything separating the two.
160780 - Morrissey/Amos
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
160781 - Morrissey/Amos
that"an ordinance approving a request by Viola Sailor, Glen Moore, and Merville Howard to vacate
and leave in place 274 linear feet of sidewalk,located on the south side of Gable Street west of Ankeny
Street, and authorizing the Mayor and City Clerk to execute said documents", be received, placed on
file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
160782 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160783 - Morrissey/Amos
that"an ordinance approving a request by Viola Sailor, Glen Moore, and Merville Howard to vacate
and leave in place 274 linear feet of sidewalk,located on the south side of Gable Street west of Ankeny
Street, and authorizing the Mayor and City Clerk to execute said documents", be considered and
passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5625.
160784 - Amos/Grieder
Page 13 of 249
December 20, 2021 Page 6
that proof of publication of notice of public hearing on a request by Terry Gibbs, d/b/a B&G
Builders, to rezone 0.749 acres from"R-2" One and Two-Family Residence District to "M-1"Light
Industrial District located adjacent to 517 Rhey Street, as published in the Waterloo Courier on
December 10, 2021, 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.
Terry Gibbs, 1900 Westchester Road, shared that he owns 10 parcels, half of which are light
commercial and the other residential. He has been paying taxes on the residential property as if they
were commercial and requested that all the properties be combined under one parcel, which would
require some to be changed from residential to commercial.
160785 - Amos/Grieder
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
160786 - Amos/Grieder
that"an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4,approving request by Terry Gibbs
d/b/a B&G Builders, to rezone 0.749 acres from "R-2" One and Two-Family Residence District to
"M-1" Light Industrial District, located adjacent to 517 Rhey Street", be received, placed on file,
considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
160787 - Amos/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160788 - Amos/Grieder
that"an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4,approving request by Terry Gibbs
d/b/a B&G Builders, to rezone 0.749 acres from "R-2" One and Two-Family Residence District to
"M-1" Light Industrial District, located adjacent to 517 Rhey Street", be considered and passed for
the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5626.
160789 - Morrissey/Amos
that proof of publication of notice of public hearing on the sale and conveyance of City property and
grant of a permanent easement located south of 804 Logan Avenue, in the amount of$1.00, to the
State of Iowa, as published in the Waterloo Courier on December 10, 2021, 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.
160790 - Morrissey/Amos
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
160791 - Morrissey/Amos
that "Resolution authorizing the sale and conveyance of City property and grant of a permanent
easement located south of 804 Logan Avenue to the State of Iowa in the amount of $1.00, and
authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-792.
Page 14 of 249
December 20, 2021 Page 7
160792 - Morrissey/Amos
that"Resolution approving a Purchase Agreement with the Iowa Department of Transportation, acting
for the State of Iowa, for a portion of vacated Webster 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. 2021-793.
160793 - Grieder/Feuss
that proof of publication of notice of public hearing on FY 2021 Cedar River Marina and
Recreational Enhancements (TAP-U-8155(768)--8I-07), Contract 1011, as published in the Waterloo
Courier on December 10, 2021, 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.
David Dryer, 3145 W. 4th Street, questioned what amount of money the city will have involved in
this and where the plans can be found.
Noel Anderson, Community Planning and Development Director, explained that the development
agreement for the Marriott Hotel included building a marina. The City of Waterloo has $549,000 in
federal enhancement dollars that would be utilized to help fund the project and the city would need
to match those funds with an 80/20 match. Vandewall and Associates is designing the project and
AECOM Engineering prepared the plans.
Mr. Boesen questioned when council will see the information.
Jamie Knutson, City Engineer, shared that the letting process is through the DOT and the plans are
currently online.
Mayor asked that all of the council receive copies of the plans.
160794 - Grieder/Feuss
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
160795 - Feuss/Grieder
that proof of publication of notice of public hearing on an ordinance dividing the City of Waterloo
into Wards and Precincts and repealing Ordinance No. 5066, as published in the Waterloo Courier
on December 10, 2021, 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.
Todd Obadal, 124 Amity Drive, commented on the shifting population in Waterloo. He stated that
with computers and technology the differences in population between wards could be much more
equitable. He asked that the proposal be redone.
160796 - Feuss/Grieder
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
160797 - Feuss/Grieder
that "an ordinance dividing the City of Waterloo into Wards and Precincts, and repealing Ordinance
No. 5066", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes:
Seven. Motion carried.
Page 15 of 249
December 20, 2021 Page 8
Aric Schroeder, City Planner, provided an overview of the re-precincting process and noted that the
city is under a tight deadline to comply with the state requirements.
Mrs. Juon asked for clarification on the comments made by Mr. Obadal.
Aric Schroeder explained that the code requires that the population based on the census data, be
divided equally as much as possible between the wards.
160798 - Feuss/Grieder
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160799 - Feuss/Grieder
that "an ordinance dividing the City of Waterloo into Wards and Precincts, and repealing Ordinance
No. 5066",be considered and passed for the second and third times and adopted. Roll call vote-Ayes:
Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5627.
RESOLUTIONS
160800 - Morrissey/Amos
that"Resolution adopting the City of Waterloo 2021 Housing Needs Assessment, and authorizing the
Mayor and City Clerk to execute any said document", be adopted. Roll call vote-Ayes: Seven.
Motion carried.
Brian Schone, INRCOG, provided an overview of the item and added that they have integrated the
2020 census information in this plan.
Mr. Grieder commented on the importance of this issue and noted that 40 percent of Waterloo renters
are housing burdened. He stated that he and all of council will be working hard on this issue in 2022
because housing in fundamental to who we are and everyone should be able to afford a home.
Mr. Boesen questioned if the statistics are current.
Brian Schone explained that the assessment included the most current information available to them.
He noted that with the 2020 census coming out the information would be more accurate and council
will be updated as it becomes available.
Resolution adopted and upon approval by Mayor assigned No. 2021-794.
160801 - Morrissey/Amos
that "Resolution approving a request by the City of Waterloo on behalf of Gary Stephens, Aaron
Stephens,and Todd Borwig for the Preliminary Plat of Borwig Addition,a 6-lot residential subdivision
located south of 203 Fairfield Street", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen commented that the final plat on the Borwig Addition shows a sidewalk. He questioned
if sidewalk is required when a new development is planned.
Noel Anderson, Community Planning and Development Director, confirmed.
Mr. Morrissey thanked the staff for meeting with Gary and Aaron Stephens for sitting down with him
to address his concerns.
Resolution adopted and upon approval by Mayor assigned No. 2021-795.
Page 16 of 249
December 20, 2021 Page 9
that"Resolution approving the Fequest by the City of Wa4er-!E)o to Fename Hess Read to La Porte Read,
between Cis Road and Gr-in*n Coc�t",c be adopted. Roll a lccs lvote Ayes: Motion
Carried.
1-
160802 - Morrissey/Amos
that"Resolution approving a Right of Entry with Justin Schmitz for earth moving and survey activities
on the west 150 feet of Lot 3, Waterloo Air and Rail Park First Addition, and authorizing the Mayor
and City and Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-796.
160803 - Klein/Feuss
that"Resolution approving a Performance Agreement with the Iowa Department of Natural Resources,
in conjunction with the FY 2020 Westdale Bioswale Project, Contract No. 997, 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. 2021-797.
160804 - Klein/Feuss
that"Resolution approving a Professional Services Agreement with AECOM Technical Services,Inc.,
for engineering, project design and construction management services, in conjunction with the FY-
2022 Hangar No. 4 Improvement Projects at the Waterloo Regional Airport, in an amount not to
exceed $37,500, and authorizing the Mayor to execute said documents", be adopted. Roll call vote-
Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-798.
160805 - Klein/Feuss
that"Resolution approving a Professional Services Agreement with AECOM Technical Services,Inc.,
for design of miscellaneous and priority projects at the Waterloo Regional Airport, using FAA Grant
No. 48, CARES Act Funds, in an amount not to exceed $199,500, 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. 2021-799.
160806 - Grieder/Feuss
that "Resolution approving a Temporary Construction Easement Agreement with American Pattern,
Storage, LLC, in the amount of$100, in conjunction with reconstruction of the 11 th Street Bridge
located at 116 East 11th 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. 2021-800.
160807 - Grieder/Feuss
that "Resolution approving a Professional Services Agreement with ProWest and Associates, of
Walker, Minnesota, in the amount of$11,295.75, in conjunction with programming in ArcGis for the
digital sidewalk solution for the Engineering Department, 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. 2021-801.
160808 - Grieder/Feuss
Page 17 of 249
December 20, 2021 Page 10
that "Resolution to terminate the Video Wall System Contract with RC Systems of Waterloo, Iowa,
originally approved July 6, 2021, under Section 26 of the Conditions of Contract "Termination for
Convenience" and accepting nine (9) monitors in the amount of$23,558.85", be adopted. Roll call
vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2021-802.
160809 - Feuss/Amos
that "Resolution approving a Video Wall System Contract with Tierney Brothers, LLC of St Paul,
Minnesota in conjunction with the Traffic Control Room Project Iowa DOT grant project number
STP-U-8155(755)--70-07, in the amount of $70,414, and authorizing the Mayor and City Clerk to
execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried.
Mr. Boesen commented that the contract attachment
Resolution adopted and upon approval by Mayor assigned No. 2021-803.
160810 - Feuss/Amos
that "Resolution approving a Professional Services Agreement with Ritland+Kuiper of Waterloo,
Iowa, in an amount not to exceed $151,950, in conjunction with landscape architecture services for
the Waterloo River Lighting Project, 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. 2021-804.
ORDINANCES
160811 - Amos/Morrissey
that"an ordinance amending the City of Waterloo Code of Ordinances, by repealing Title 9, Chapter
2, Section 2, Codes Adopted, Subsection A, and enacting in lieu thereof a new Title 9, Chapter 2,
Section 2, Codes Adopted, Subsection A, and repealing Title 9, Chapter 2, Section 8, Amendments,
and enacting in lieu thereof a new Title 9, Chapter 2, Section 8 Amendments",be received, placed on
file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
160812 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160813 - Amos/Morrissey
that"an ordinance amending the City of Waterloo Code of Ordinances, by repealing Title 9, Chapter
2, Section 2, Codes Adopted, Subsection A, and enacting in lieu thereof a new Title 9, Chapter 2,
Section 2, Codes Adopted, Subsection A, and repealing Title 9, Chapter 2, Section 8, Amendments,
and enacting in lieu thereof a new Title 9, Chapter 2, Section 8 Amendments", be considered and
passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5628.
160814 - Feuss/Grieder
that"an ordinance amending the 2015 Code of Ordinances of the City of Waterloo, Iowa,to adopt the
2021 International Building Code,the 2021 International Residential Code, and the 2021 International
Existing Building Code by repealing and amending Title 9 Building Regulations, Chapter 1 Building
Code, Section 1 Building Codes Adopted and Section 2 Amendments to the Building Codes, in their
entirety, and enacting in lieu thereof new Chapter 1, Building Code, Sections 1 and 2", be received,
placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried.
160815 - Feuss/Grieder
Page 18 of 249
December 20, 2021 Page 11
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote-Ayes: Seven. Motion carried.
160816 - Feuss/Grieder
that"an ordinance amending the 2015 Code of Ordinances of the City of Waterloo, Iowa, to adopt the
2021 International Building Code,the 2021 International Residential Code, and the 2021 International
Existing Building Code by repealing and amending Title 9 Building Regulations, Chapter 1 Building
Code, Section 1 Building Codes Adopted and Section 2 Amendments to the Building Codes, in their
entirety, and enacting in lieu thereof new Chapter 1, Building Code, Sections I and 2", be considered
and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5629.
ADJOURNMENT
160817 - Morrissey/Klein
that the Council adjourn at 7:02 p.m. Voice vote-Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 19 of 249
CITY OF WATERLOO
Council Communication
Minutes of December 20, 2021, Work Session, as proposed.
City Council Meeting: 1/3/2022
Prepared:
ATTACHMENTS:
Description Type
❑ Work Session Minutes of 12/20/2021 Backup Material
Submitted by: Submitted By:
Page 20 of 249
COUNCIL WORK SESSION
December 20, 2021
4:00 p.m.
Harold E. Getty Council Chambers
Members present: Boesen, Amos, Morrissey, Klein, Grieder, and Juon. Absent: Feuss
160762 -Grieder/Amos
that the Agenda, as proposed, be approved. Voice-vote Ayes: Six. Motion carried.
160763 -Grieder/Amos
that the Minutes, as proposed, for the Regular Session on Monday, December 6, 2021, at 5:30
p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried.
Objective: Operations update from the City Clerk's Office.
Kelley Felchle, City Clerk,provided an overview of City Clerk's Office operations.
Council members discussed City Clerk's Office operations with Mrs. Felchle.
Objective: Operations update from Community Planning and Development Department.
Noel Anderson, Community Planning and Development Director,provided an overview of City
Community Planning and Development Department.
Council members discussed Community Planning and Development Department operations with
Mr. Anderson.
Objective: Operations update from Animal Control and Traffic Departments.
Sandie Greco, Traffic Superintendent,provided an overview of Traffic Department operations.
Council members discussed Traffic Department operations with Mrs. Greco.
Sandie Greco, Animal Control, provided an overview of Animal Control operations.
Council members discussed Animal Control operations with Mrs. Greco.
160764 -Jerome/Grieder
that the meeting be adjourned at 5:04 p.m. Voice-vote Ayes: Six. Motion carried.
Kelley Felchle
City Clerk
Page 21 of 249
CITY OF WATERLOO
Council Communication
Resolution approving the request of Emily Thompson, for tax exemptions on the construction of a new single
family home valued at$406,621 for property located at 1443 Audubon Drive, and located in the City Limits
Urban Revitalization Area(CLURA).
City Council Meeting: 1/3/2022
Prepared: 12/13/2021
ATTACHMENTS:
Description Type
❑ CLURA 1443 Audubon Drive Form Backup Material
❑ CLURA 1443 Audubon Drive Map Backup Material
Resolution approving the request of Emily Thompson, for tax exemptions
SUBJECT: on the construction of a new single family home valued at$406,621 for
property located at 1443 Audubon Drive, and located in the City Limits
Urban Revitalization Area(CLURAL
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Approval.
Recommended Action:
The Planning, Programming, and Zoning Commission staff has reviewed this
Summary Statement: application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA)housing program.
Expenditure Required/Source of None
Funds:
Alternative: N/A
Legal Descriptions: Audubon Heights 6th Addition Lot 58
Page 22 of 249
EGE0VE
CITY LIMITS URBAN REVITALIZATION APPLICATI i I N 0 V 2021
FOR PROPERW TAX EXEMPTION FOR CONSTRUCTION OF W O
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY IMITS URBAN
' REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUN
WATERLOO.
The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family
dwellings(single family homes or duplexhwin homes)that meet the following criteria:
1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community
PIanning&Development Department.)
2. This application must be filed with City prior to the 1 u workin da of Febtua following the year when the
improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph
2. However,a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council.
NAME: t f! t O nSIGNATURE:
ADDRESS: !1 VIC�IVI�Uyl Dy_Nilt e v `uu, l{°� SCJ 7 D r I
TELEP. ONE: `F 7 DATE: J ' Z I
A. What is the Address of the property being improved? lqliPJ-Vd-vis C�vt �] �
What is the Legal Description of the property?(inlay be available at County Recorder's Office on 2nd floor of the
Courthouse)
Lig+ Se RVdvLZ, N5::�II VLP� (eT' thelY,
B. What was the nature of the improvennent(s)?(must be single family homes or duplex/twin homes to qualify)
C. City of Waterloo Building and Inspections Department Information:
Permit Number: -�( - 69(8 Dale permit was issued; t L Total permit(s)valuation &031
D. What was the cost of the new constnrction? F I 0 U , (l-z—(
E. Estimated or actual date of completion of this new construction?
CITY OF WATERLOO
APPROVED DATED: RESOLUTION NO:
DENIED
BLACK HAWK COUNTY ASSESSOR
APPROVED DATED:
Tami McFarland
DENIED Black Hawk County Assessor
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria etigibilit_v.
Page 23 of 249
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CITY OF WATERLOO
Council Communication
Resolution approving the request of Jason and Emily Dougherty, for tax exemptions on the construction of a
new single family home valued at$370,000 for property located at 1620 Blue Wing Drive, and located in the
City Limits Urban Revitalization Area(CLURA).
City Council Meeting: 1/3/2022
Prepared: 12/13/2021
ATTACHMENTS:
Description Type
❑ CLURA 1620 Blue Wing Drive Map Backup Material
❑ CLURA 1620 Blue Wing Drive Form Backup Material
Resolution approving the request of Jason and EmilugheM for tax
SUBJECT: exemptions on the construction of a new single family home valued at
$370,000 for property located at 1620 Blue Wing Drive, and located in the
City Limits Urban Revitalization Area(CLURA
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Approval.
Recommended Action:
The Planning, Programming, and Zoning Commission staff has reviewed this
Summary Statement: application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA)housing program.
Expenditure Required/Source of None
Funds:
Legal Descriptions: Audubon Hills First Addition Lot 7
Page 25 of 249
'1
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LAVINEEL-
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Page 26 of 249
For O c Use Only
bate Received: {
Received by:
Staff to make a cop ore icant
CITY LINIITS URBAN REVITALIZATION APPLICATION
APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY
DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN
ADOPTED BY THE CITY COUNCIL.OF THE CITY OF WATERLOO,
The City Linvts Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for
new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following
criteria:
1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community
Planning&Dovelopment Department.)
2. This application must be filed with City prior to the I"-working day of February following the year when the
improvements are completed to comply with the timeline:of the State Code of Iowa,Section 404.4 unnumbered paragraph
2. However,a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council.Projects started prior to the
adoption date of July 18,2011 do not quallfy.
NAME: �W(]I�� I C_/tJ1 ( U VL ��� C AT E.- U� !/�•
ADDRESS: ►1 E IL: 140 b 1 f
TELEPHONE: _ _ i f C o2 ()`�I DATE: dL x
A. What is the Address of the property being improved? n
What is the Legal Description of the property?(May be available at County Recorder's Office 912^d floor of the Courthouse)
B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify)
4C1S'f7'tr oh qz-L l I
C. City of Waterloo Building and Inspections cpartment Information:
/.
Permit Number: ��L I73tIC Crmit was issued: 'J� P T ntal permit(s)valuation: !��
D, What was the cost of the new construction?
E. Estimated or actual slate of completion of this now construction? 2 O
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by
the Black Hawk County Assessor's Office for criteria eligibility.
CITY OF WATERLOO OFFICE USE ONLY
APPROVED DATED: RESOLUTION NO:
DENIED
BLACK HAWK COUNTYASSESSOR OFFICR USE ONLY
APPROVED DATED:
T.S.Koenigsfeld
DENIED Black hawk County Assessor
Page 27 of 249
CITY OF WATERLOO
Council Communication
Resolution approving the request of Choyo Wilson-Daniel, for tax exemptions on the construction of a new
single family home valued at$407,631 for property located at 1461 Audubon Drive, and located in the City
Limits Urban Revitalization Area(CLURA).
City Council Meeting: 1/3/2022
Prepared: 12/13/2021
ATTACHMENTS:
Description Type
❑ CLURA 1461 Audubon Drive Form Backup Material
❑ CLURA 1461 Audubon Drive Map Backup Material
Resolution approving the request of Choyo Wilson-Daniel, for tax
SUBJECT: exemptions on the construction of a new single family home valued at
$407,631 for property located at 1461 Audubon Drive, and located in the
City Limits Urban Revitalization Area(CLURA
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Approval.
Recommended Action:
The Planning, Programming, and Zoning Commission staff has reviewed this
Summary Statement: application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA)housing program.
Expenditure Required/Source of None
Funds:
Legal Descriptions: Audubon Heights 6th Addition Lot 56
Page 28 of 249
' C L9VE
CITY LIMITS URBAN REVITALIZATION APPLICATION
V 2 9 2021
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE QR TWO
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS 01PAN
REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL EDF THE CITY OF
WATERLOO.
The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family
dwellings(single family homes or duplex/twin homes)that meet the following criteria:
I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community
Planning&Development Department.)
2. This application must be filed with City prior to the 11 working day of February following the year when the
improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph
2. However,a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the fo lowing information for your application to be submitted to the City Council.
NAME: SIGNATURE:
ADDRESS: i �/�1 f
TELEPHONE: I /yr3J 5 0 ��' DATE: q/,-,z
A. What is the Address of the property being improved? ILHA
What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the
Courthouse)
&cb boo UtJ (A' Ad--d, �b u vx LD �L�
B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify)
1�_ IMto
C. City of Waterloo Building and Inspections Department Information:
Permit Number: oZQ3(-5Y I ICs Date pennit was issued: 54)11-'t I Total permit(s)valuation: d V,700
D. What was the cost of the new construction? y02,03 1
E. Estimated or actual date of completion of this new construction?
CITY OF WATERLOO
APPROVED DATED: RESOLUTION NO:
DENIED
BLACK HAWK COUNTY ASSESSOR
APPROVED DATED:
Tauri McFarland
DENIED Black Hawk County Assessor
Note: City Council approval does not guarantee tax exemptions. The application must he reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
Page 29 of 249
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CITY OF WATERLOO
Council Communication
Resolution approving the request of Nenud Dostunic, for tax exemptions on the construction of a new single
family home valued at$323,756 for property located at 3350 Lincolnshire Road, and located in the City Limits
Urban Revitalization Area(CLURA).
City Council Meeting: 1/3/2022
Prepared: 12/13/2021
ATTACHMENTS:
Description Type
❑ CLURA 3350 Lincolnshire Road Form Backup Material
❑ CLURA 3350 Lincolnshire Road Map Backup Material
Resolution approving the request of Nenud Dostunic, for tax exemptions on
SUBJECT: the construction of a new single family home valued at$323,756 for property
located at 3350 Lincolnshire Road, and located in the City Limits Urban
Revitalization Area(CLURA).
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Approval.
Recommended Action:
The Planning, Programming, and Zoning Commission staff has reviewed this
Summary Statement: application and feels that the project qualifies for exemptions from taxes on
the actual value added to the residential property under the City Limits Urban
Revitalization Area Plan.
Data/Analysis and Strategies: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban
Revitalization Area (CLURA)housing program.
Expenditure Required/Source of None
Funds:
Legal Descriptions: Lincolnshire Addition Lot 7
Page 31 of 249
C5'5�( 19 /) V/a I
CITY LIMITS URBAN REVITALIZATION APPLICATION
FOR PROPERTYTAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN
REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO.
The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family
dwellings(single family homes or duplex/twin homes)that meet the following criteria:
. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community
Planning&Development Department.)
2. This application must be filed with City prior to the In working day of Februa following the year when the
improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph
2. However,a single application may be filed upon completion of an entire project requiring more than one year to
construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors.
Please fill out the following information for your application to be submitted to the City Council.
NAME: 1well"® f/1/[ SIGNATURE:
ADDRESS: 3�� �Itc�HS�i +�r� , 44,t1leWeo 14
TELEPHONE- «'z3`7 DATE: 1zl��z�LI
A. What is the Address of the property being improved? S D L�r Cr]f✓t C h t rL
What is the Legal Description of the property?(May be available at County Recorder's Office on 2n4 floor of the
Courthouse)
1-I)t I �_��l d�_✓1 S �1 wG ✓ c vl
I3. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify)
1✓�>t -,n%t t �, Zti r,+n f twr fit c n
C. City of Waterloo Building and Inspections Department Information:
Permit Number:D't " 0t'11111 Date permit was issued: V 7 i Total permit(s)valuation:
D. What was the cost of the new constriction?f A_a�,:3 S (p
E. Estimated or actual date of completion of this new construction?
CITY OF WATERLOO
APPROVED DATED: RESOLUTION NO:
DENIED
BLACK HAWK COUNTY ASSESSOR
APPROVED DATED:
Tami McFarland
DENIED Black klawk County Assessor
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Flawk County Assessor's Office for criteria eligibility.
Page 32 of 249
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T!M 9 U- - �r�Pag 33�of 249
CITY OF WATERLOO
Council Communication
Resolution approving the request by the City of Waterloo to rename Hess Road to La Porte Road, between
Shaulis Road and Grimm Street.
City Council Meeting: 1/3/2022
Prepared: 12/7/2021
ATTACHMENTS:
Description Type
❑ Council Packet Backup Material
SUBJECT: Resolution approving the request by the City of Waterloo to rename Hess
Road to La Porte Road, between Shaulis Road and Grimm Street.
Submitted by: Submitted By:Aric Schroeder, City Planner
Recommended Action: Approval.
Summary Statement: The applicant is requesting to rename a portion of Hess Road located
between Shaulis Road and Grimm Street to La Porte Road.
The request would not appear to have a negative impact on the surrounding
neighborhood.
The request would not appear to have a negative impact upon pedestrian or
traffic conditions.
There are no sidewalks in the area, there is a trail planned for La Porte Road
when the road is reconstructed.
The surrounding land use is commercial.
The property in question is zoned"S-1" Shopping Center District and has
been zoned as such the adoption of the zoning ordinance in 1969, "R-3"
Multiple Residence District having been rezoned by Ordinance 3105 on
October 6, 1980, and"C-P"Planned Commercial District having been
rezoned from"A-1"Agricultural District on October 25, 2004, by Ordinance
4739 on October 25, 2004, and on September 13, 2010, by Ordinance 5009.
Surrounding land uses and their zoning is as follows:
East—Vacant land, US Highway 218, Isle of Capri Casino, and Lost Island
Water Park zoned"A-1"Agricultural District and"C-P"Planned
Commercial District.
West— Commercial, Residential, and the KOA Campground zoned"C-P"
Planned Commercial District.
North— Commercial zoned "S-1" Shopping Center District and "M-1"
Light Manufacturing District.
South—Residential, South Hills Golf Course and Agricultural zoned"A-1"
Agricultural District and "R-1"One and Two-Family Residence District.
This request would not require any additional buffers and screening.
Neighborhood Impact: The area is made up of KOA Campground which was constructed in 2011
and commercial buildings built-in 1978.
The South Hills Golf Course is located just to the west of the intersection of
Page 34 of 249
Shaulis Road and Hess Road.
The Future Land Use Map designates this area as Commercial; Mixed
Commercial:Medium to High-Density Residential, Professional Office,
Neighborhood Commercial and Mixed Residential:Low, Medium, High-
Density Residential; Professional Offices and the proposed request would
be in conformance with the Future Land Use Map and Comprehensive Plan
for this area, and this area is located within the Primary Growth Area.
The applicant is requesting to rename Hess Road to La Porte Road between
Shaulis Road and Grimm Street in order to reduce confusion for motorists
caused by the existing change in street name along the curve in the road. La
Porte Road was the original route of US Highway 218 but was severed when
US Highway 218 was grade-separated and was connected with Hess Road.
There is one residence located along the stretch and one commercial use,
which are both connected to the KOA Campground which is fully
supportive of the name change.
Therefore, staff recommends that the street naming be approved for the
following reason(s):
1. The primary impacted uses along the stretch are in full support of the
name change.
2. The name change will reduce confusion for motorists.
Data/Analysis and Strategies: Street naming
Expenditure Required/Source of None.
Funds:
Page 35 of 249
December 14,2021
REQUEST: Request by the City of Waterloo to rename Hess Road from
Shaulis Road to Grimm Street.
APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703
GENERAL The applicant is requesting to rename a portion of Hess Road
DESCRIPTION: to La Porte Road.
IMPACT ON The request would not appear to have a negative impact on
NEIGHBORHOOD: the surrounding neighborhood.
VEHICULAR & The request would not appear to have a negative impact upon
PEDESTRIAN pedestrian or traffic conditions.
TRAFFIC
CONDITIONS:
RELATIONSHIP TO There are no sidewalks in the area, there is a trail planned for
RECREATIONAL La Porte Road when the road is reconstructed.
TRAIL PLAN:
SURROUNDING The surrounding land use is commercial.
LAND USE:
ZONING HISTORY The property in question is zoned "S-1" Shopping Center
FOR SITE AND District and has been zoned as such the adoption of the
IMMEDIATE VICINITY: zoning ordinance in 1969, "R-3" Multiple Residence District
having been rezoned by Ordinance 3105 on October 6, 1980,
and "C-P" Planned Commercial District having been rezoned
from "A-1"Agricultural District on October 25, 2004, by
Ordinance 4739 on October 25, 2004, and on September 13,
2010, by Ordinance 5009. Surrounding land uses and their
zoning is as follows:
East — Vacant land, US Highway 218, Isle of Capri Casino,
and Lost Island Water Park zoned "A-1"Agricultural District
and "C-P" Planned Commercial District.
West — Commercial, Residential, and the KOA Campground
zoned "C-P" Planned Commercial District.
North — Commercial zoned "S-1" Shopping Center District
and "M-1" Light Manufacturing District.
South — Residential, South Hills Golf Course and Agricultural
zoned "A-1"Agricultural District and "R-1" One and Two-
Family Residence District.
BUFFERS This request would not require any additional buffers and
REQUIRED/ NEEDED: screening.
DEVELOPMENT The area is made up of KOA Campground which was
HISTORY: constructed in 2011 and commercial buildings built-in 1978.
FLOODPLAIN: Portions of the area are in Zone A: 100 Year Flood Plain as
indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025, and Panel
12.11.21 —rename Cedar Street Page 1 of 2
Page 36 of 249
December 14,2021
Number 0304F, dated July 18, 2011.
PUBLIC /OPEN Kittrell Elementary School is located 1 .30 miles to the
SPACES/ SCHOOLS: northwest, Bunger Middle School is located 2.20 miles to the
northeast, and West High School is located 2.00 miles to the
northwest.
The South Hills Golf Course is located just to the west of the
intersection of Shaulis Road and Hess Road.
UTILITIES: WATER, There is no underground utilities located in Hess Road. There
SANITARY SEWER, is overhead power lines along Hess Road.
STORM SEWER,
ETC.
RELATIONSHIP TO The Future Land Use Map designates this area as
COMPREHENSIVE Commercial; Mixed Commercial: Medium to High-Density
LAND USE PLAN: Residential, Professional Office, Neighborhood Commercial
and Mixed Residential: Low, Medium, High-Density
Residential, Professional Offices and the proposed request
would be in conformance with the Future Land Use Map and
Comprehensive Plan for this area, and this area is located
within the Primary Growth Area.
STAFF ANALYSIS — The applicant is requesting to rename Hess Road from
ZONING Shaulis Road to Grimm Street in order to reduce confusion for
ORDINANCE: motorists caused by the change in street name. La Porte
Road was the original route of US Highway 218 but was
severed when US Highway 218 was grade-separated and was
connected with Hess Road.
There is one residence located along the stretch and the only
commercial is the KOA Campground which is fully supportive
of the name change. The residence is also part of the KOA
Campground.
STAFF ANALYSIS — No subdividing of land is required for this request.
SUBDIVISION
ORDINANCE:
STAFF Therefore, staff recommends that the street naming be
RECOMMENDATION: approved for the following reason(s)-
1. The primary impacted uses along the stretch are in full
support of the name change.
2. The name change will reduce confusion for motorists.
12.11.21 —rename Cedar Street Page 2 of 2
Page 37 of 249
City of Waterloo Planning, Programming and Zoning Commission
December 14, 2021
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City of Waterloo Planning, Programming and Zoning Commission
December 14, 2021
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s Shaulis Road to Hess Road
550 ,50 City of Waterloo
®Feet • ' Page 39 of 249
CITY OF WATERLOO , IOWA
ENGINEERING DEPARTMENT
715 Mulberry St. Waterloo,IA 50703 • Phone(319)291-4312. Fax(319)291-4262
Email:city.engineer@waterloo-ia.org
• JAMIE KNUTSON,PE • City Engineer
November 17, 2021
Mayor
QUENTIN
HART Aric Schroeder
City Planner
COUNCIL City of Waterloo
MEMBERS 715 Mulberry Street
"""""""""' Waterloo, IA 50703
MARGARET
KLEIN RE: RENAMING A PORTION OF PUBLIC HESS ROAD FROM SOUTHEAST
Ward I OF GRMIM STREET TO E. SHAULIS ROAD,AS LAPORTE ROAD
JONATHAN
GRIEDER Dear Aric:
Ward 2
PATRICK The Engineering Department has received a request to rename the 3800-4900 blocks of
MORRISSEY Hess Road to La Porte Road. There are several utilities that have structures located along
Ward 3 this stretch that will need to have their addresses changed. These structures are not
inhabited. The lone inhabited structure is the KOA Campground that will need to have
JEROME their address changed. Attached is the email from Becky Bertch supporting the name
AMOS,JR.
Ward a change from Hess Road to La Porte Road. The Bertch's are owners of the KOA
campground.
RAY
FEUSS This change has been proposed by businesses along La Porte Road to help direct customers
Ward 5
between themselves and the Isle of Capri, Lost Island Waterpark, KOA campground and
SHARON Lost World Theme Park.
NON
Ar-Large The current block numbers of 3800-4900 will stay the same,just the name will change
DAVE from Hess Road to La Porte Road.
BOESEN
At-Large Therefore, the Engineering Department recommends that a portion of Hess Road, from
southeast of Grimm Street to E. Shaulis Road be renamed as La Porte Road.
Sincerely,
�/
4�
Jamie Knutson,�PE �
City Engineer
Cc: Steve Walker, Draftsman
Greg Ahlhelm, Building Official
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer Page 40 of 249
From: Becky Bertch <becky.bertch@thelostisland.com>
Sent: Friday, November 5, 20212:46 PM
To: NOEL ANDERSON <NOEL.ANDERSON@WATERLOO-IA.ORG>; gary.bertch@gmail.com; Eric Bertch
<eric.bertch@thelostisland.com>
Subject: Renaming section of Hess back to LaPorte Road
Noel, sorry for the delay in responding with our thoughts on this.
Actually the staff at both the waterpark and campground are in favor of changing it to LaPorte
Road as it does get confusing when we have guests or deliveries.
However that being said, we would need to know as soon as possible as our corporate address
with the government is Hess road, all website information and printed materials, our KOA
franchise is tied into the Hess Road address. Vendors would need to be informed to change the
address for deliveries and also invoicing. The waterpark would need to change handbooks for
employees and delivery instructions for their entrance off of Hess if it changes to LaPorte. All of
the above is doable we just need to know as soon as we can to move on it.
Let us know when the decision gets made either way.
Thanks Noel for asking for input.
Happy Friday,
Becky
Page 41 of 249
CITY OF WATERLOO
Council Communication
Resolution approving a request by the City of Waterloo to rename public street Dublin Drive to private street
Dublin Drive, located east of 1422 Irish Drive.
City Council Meeting: 1/3/2022
Prepared: 12/7/2021
ATTACHMENTS:
Description Type
❑ Council Packet Backup Material
Resolution approving a request by the City of Waterloo to rename public
SUBJECT: street Dublin Drive to private street Dublin Drive, located east of 1422 Irish
Drive.
Submitted by: Submitted By:Aric Schroeder, City Planner
Recommended Action: Approval.
Summary Statement: The applicant is requesting to rename a portion of Hess Road located
between Shaulis Road and Grimm Street to La Porte Road.
The request would not appear to have a negative impact on the surrounding
neighborhood.
The request would not appear to have a negative impact upon pedestrian or
Neighborhood Impact: traffic conditions.
There are no sidewalks in the area, there is a trail planned for La Porte Road
when the road is reconstructed.
The surrounding land use is commercial.
Therefore, staff recommends that the street naming be approved.
Data/Analysis and Strategies: Street naming
Expenditure Required/Source of None.
Funds:
Page 42 of 249
December 14,2021
REQUEST: Request by the City of Waterloo to rename public street
Dublin Drive to private street Dublin Drive located east of
1422 Irish Drive.
APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703
GENERAL The applicant is requesting to rename a street from public to
DESCRIPTION: private.
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IMPACT ON The request would not appear to have a negative impact upon
NEIGHBORHOOD: the surrounding neighborhood, as there is very little
development in the area.
VEHICULAR & The request would not appear to have a negative impact upon
PEDESTRIAN pedestrian and traffic conditions.
TRAFFIC
CONDITIONS:
RELATIONSHIP TO There is a private sidewalk connection located along Dublin
RECREATIONAL Drive connecting the complex with Hawkeye Community
12.14.21 —Rename Public Road to Private Road Dublin Drive Page 1 of 5
Page 43 of 249
December 14,2021
TRAIL PLAN: College to the north.
SURROUNDING The surrounding land use is residential and Hawkeye
LAND USE: Community College.
ZONING HISTORY The property in question is zoned "R-3" Multiple Residence
FOR SITE AND District having been rezoned from "A-1"Agricultural District by
IMMEDIATE VICINITY: Ordinance 4527 on December 3, 2001, "R-4,R-P" Planned
Residential District having been rezoned from "A-1"
Agricultural District by Ordinance 4283 on March 23, 1998
and "R-4" Multiple Residence District having been rezoned
from "A-1"Agricultural District by Ordinance 4664 on January
5, 2004. Surrounding land uses and their zoning are as
follows:
North — Hawkeye Community College, zoned "A-1"
Agricultural District.
South —Agricultural and Hawkeye Truck Training Center,
zoned "R-4" Multiple Residence District and "A-1"Agricultural
District.
East —Agricultural, zoned "A"Agricultural District
West —Residential zoned "R-3" Multiple Residence District
and "R-4,R-P" Planned Residence District.
BUFFERS This request would not require any additional buffers and
REQUIRED/ NEEDED: screening.
DEVELOPMENT The area is made up of multi-family buildings built-in 2002,
HISTORY: two single-family homes one built in 1919 and the other built-
in 1955 along with Hawkeye Community College built between
1969 and present.
FLOODPLAIN: The property in question is not located within any Special
Flood Hazard Area as indicated by the Federal Insurance
Administration's Flood Insurance Rate Map, Community
Number 190025, and Panel Number 0312F, dated July 18,
2011.
PUBLIC /OPEN Orange Middle School is located 1.33 miles to the west.
SPACES/ SCHOOLS: The nearest open space is the Cedar Valley Arboretum and
Botanic Gardens located just to the east of Hawkeye
Community College.
UTILITIES: WATER, There are 4" drain tiles on each side of Dublin Drive and an 8"
SANITARY SEWER, sanitary sewer line located to the south of Dublin Drive.
STORM SEWER,
ETC.
RELATIONSHIP TO The Future Land Use Map designates this area as Mixed
COMPREHENSIVE Residential. Low, Medium, High-Density Residential;
LAND-USE PLAN: Professional Offices and the proposed street naming request
would be in conformance with the Future Land Use Map and
12.14.21 —Rename Public Road to Private Road Dublin Drive Page 2 of 5
Page 44 of 249
December 14,2021
Comprehensive Plan for this area.
STAFF ANALYSIS — The city is requesting to rename a public street Dublin Street
ZONING located east of 1422 Irish Drive to private Dublin Drive. The
ORDINANCE: street was originally named as a public road however the
street is a private street not maintained as a public street and
was never accepted as a public road.
i
h
Picture 1: Existing Dublin Drive.
it
.i
Picture 2: Looking north toward Hawkeye Community College from
south end of road.
12.14.21 —Rename Public Road to Private Road Dublin Drive Page 3 of 5
Page 45 of 249
December 14,2021
Picture 3: Looking south from Orange Road.
I'u
Picture 4: Multifamily along Dublin Drive
STAFF ANALYSIS — No subdividing of land is required for this request.
SUBDIVISION
ORDINANCE:
STAFF Therefore, staff recommends that the request by the City of
RECOMMENDATION: Waterloo to rename public street Dublin Drive to private street
Dublin Drive located east of 1422 Irish Drive. be approved for
the following reason(s):
12.14.21 —Rename Public Road to Private Road Dublin Drive Page 4 of 5
Page 46 of 249
December 14,2021
1. The Engineering Department has reviewed the request
and concurs with the naming of Private Street Dublin
Drive, as it does not conflict with any other street
names and recommends approval.
12.14.21 —Rename Public Road to Private Road Dublin Drive Page 5 of 5
Page 47 of 249
City of Waterloo Planning, Programming and Zoning Commission
December 14, 2021
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Feet Page 48 of 249
City of Waterloo Planning, Programming and Zoning Commission
December 14, 2021
CAMPUS VIEW DR
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Page 49 of 249
CITY OF WATERLOO , IOWA
ENGINEERING DEPARTMENT
715 Mulberry St. Waterloo,IA 50703 • Phone(319)291-4312. Fax(319)291-4262
Email:city.engineer@waterloo-ia.org
• JAMIE KNUTSON,PE • City Engineer
December 3,2021
Mayor
QUENTIN
HART Aric Schroeder
City Planner
COUNCIL City of Waterloo
MEMBERS 715 Mulberry Street
...................
Waterloo,IA 50703
MARGARET RE: NAMING EXISTING DUBLIN DRIVE TO BE A PRIVATE STREET AND
KLEIN RESCINDING RESOLUTION NO. 1999-59
Ward I
JONATHAN Dear Aric:
GRIEDER
Ward 2 The Engineering Department has discovered that the existing Dublin Drive right-of-way is not
owned by the City of Waterloo. The location of Dublin Drive is east of Hammond Avenue and
PATRICK south of E. Orange Road,across from Hawkeye Community College. The location is more
MORRISSEY particularly described as Parcel"F",part of the NW 1/4, Section 23-T88N-R13W. The Parcel"F"
Ward 3 Plat of Survey is recorded in 329 Misc. 472.
JEROME
AMOS,JR. The owner of Parcel"F"is the Hawkeye Village Condominiums. This information is found in the
Ward a Declaration of Horizontal Property Regime, "Hawkeye Village Condominiums",Document
Number 2007016895.
RAY
FEUSS In addition,the City of Waterloo has not accepted the construction of this street,Dublin Drive.
Ward 5 Therefore,Dublin Drive is a private street not a public street.
SHARON
JUON On February 8, 1999,Resolution No. 1999-59 was passed"Dedicating Property for Street Right-
At-Large Of-Way Purposes and Approving Street Name as Dublin Drive." The City of Waterloo cannot
dedicate property that is does not own for street right-of-way. Therefore Resolution 1999-59 will
DAVE also need to be rescinded.
BOESEN
At-Large The Engineering Department recommends the naming of existing Dublin Drive as a private street
and rescinding Resolution No. 1999-59 be approved.
Sincerely,
�JmieKnutson,PE
City Engineer
Cc: Steve Walker,Draftsman
Greg Ahlhelm, Building Official
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer Page 50 of 249
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as January 18, 2022 to authorize the sale and conveyance of a portion
of a city-owned lot, located northerly of 1217 Sycamore Street, to Lola Montgomery, in the amount of
$549.12, plus closing costs, and authorize the City Clerk to publish notice.
City Council Meeting: 1/3/2022
Prepared: 12/21/2021
ATTACHMENTS:
Description Type
❑ Lola Parcel Backup Material
❑ Acceptance email Backup Material
Resolution setting date of public hearing as January 18, 2022 to authorize the
SUBJECT: sale and conveyance of a portion of a city-owned lot, located northerly of
1217 Sycamore Street, to Lola Montgomery, in the amount of$549.12, plus
closing costs, and authorize the City Clerk to publish notice.
Submitted by: Submitted By:Noel Anderson, Communi, Planing and Development
Director
Recommended Action: Set date of hearing
The City has acquired some land in the Sycamore Street corridor. Mrs.
Montgomery has requested to buy some available land. This sale would still
Summary Statement: retain two buildable lots on the block, while helping Mrs. Montgomery to
improve her residential lot.
The price is set by the price per square foot of assessed value.
Mrs. Montgomery has done a tremendous job with her home maintenance
Neighborhood Impact: and upkeep. The sale of land for neighborhood improvement and infill is a
goal of the City of Waterloo.
This sale of land will allow Mrs. Montgomery lot size to go from 5,460 sq.
Data/Analysis and Strategies: ft. to 8,100 sq. ft. The Zoning Ordinance notes 6,000 sq. ft. as a minimum
lot size for single family homes, so this sale helps to meet that recommended
size requirement, plus some additional yard space.
Implementation,Accountability, The City Council will sell the parcel of land through a public hearing
and Communication: process.
Community Engagement The City regularly works with abutting neighbors who keep their homes in
Methods: food maintenance and upkeep for potential excess land.
Expenditure Required/Source of NA
Funds:
Alternative: Not approve
Page 51 of 249
Legal Descriptions: The Southeasterly 22 feet of the Northwesterly 56 feet of the Southeasterly
64 feet of Lots 7 and 10 of Block 47 of the Original Plat of Waterloo East.
Page 52 of 249
f Orl*' B e a c o n TM Black Hawk County, IA
Overview
•
''. Legend
Water
g ❑ Parcels
•r
►a
Parcel ID 891325180014 Alternate ID n/a Owner Address CITY OF WATERLOO
5ec/Twp/Rng n/a Class C 715 MULBERRY ST
Property Address Acreage n/a WATERLOO,IA 50703
District 940001
Brief Tax Description ORIGINAL PLAT WATERLOO FAST NW 86 FT LOT 7 BEK47 NW 86 FT LOT 10 BLK 47
(Note;Not to be used on legal documents)
These maps do not represent a survey.No liability is assumed for the accuracy of the data delineated herein,either expressed or implied by Black Hawk County,the Black Hawk
County Assessor or their employees.These maps are compiled from official records,including plats,surveys,recorded deeds,and contracts,and only contain information required for
local government purposes.Seethe recorded documents for more detailed legal information.
Date created:12/8/2021
Last Data U ploaded:12/8/20218:34:17 AM
Developed by"Schneider
GEOSPATIAL
Page 53 of 249
I accept this offer. If plans should change I'm willing to buy more land on this block.Thank you
Sent from my iPhone
On Dec 8, 2021, at 8:46 AM, NOEL ANDERSON <NOEL.ANDERSON@waterloo-ia.org>wrote:
Lola—thanks again for you work on this acquisition, and I apologize for the length of time it has taken to
get to this point.
The City owns land next to your home, which we have acquired through different means for infill
development. While our primary goal is to create new housing opportunities for infill housing
construction, we also want to simultaneously work with existing homeowners that have worked to improve
their properties. You have done an excellent job on the maintenance an care of your home at 1217
Sycamore.
The City owns two parcels, one on the corner and one right next to your home. One of the main things
we review for sale of land is to ensure the land we keep is still buildable for new housing investments.
We can sell you 22' of the lot next to your home, and still have enough land for two new lots on
corner. That is, our corner parcel would be 120' by 120', which would allow for two new lots for infill —
each at 7,200 sq. ft.
We can sell you 22' next to your home, and your lot, currently at 45.5' by 120' or 5,460 sq. ft., would then
go to 67.5' x 120' or 8,100 sq. ft. —an addition of 2,640 sq. ft.
have attached a map of the area to be conveyed. Please review, let me know your thoughts, and we
can move ahead to next steps.
The City sells land at the assessed value on the site, or price per square foot when selling a portion of a
parcel/ lot. In this case, the land values have fluctuated on the lot area you are working on. I went with
the 202 value as it is the lowest of the last three years, and you have been working on this site for over a
year. The Assessor puts a value of$ 0.208 per sq. ft. of land value. For the 22' by 120' (2,640 sq. ft.)
area, that would equate to you buying it for$549.12.
Please let me know of any questions, additional information needed, or thoughts you have on this matter.
Thanks,
Noel
Noel Anderson
Community Planning &Development Director
City of Waterloo Community Planning&Development Department
City Hall
715 Mulberry Street
Waterloo, Iowa 50703
Phone: 319.291.4366
Fax: 319.291.4262
Cell: 319.290.6357
Email:noel.anderson(a)waterloo-ia.orq
City website: www.citvofwaterlooiowa.com
Brownfields website: www.thenewwaterloo.com
"Can't fail is arrogance. Won't fail is confidence."—Lord John Roxton
Page 54 of 249
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as January 18, 2022, to approve the request by Gray Transportation
for a site plan amendment to the"M-2,P"Planned Industrial District, to allow for the expansion of their site at
2459 GT Drive, with an additional 116 foot by 80 foot truck maintenance facility, and instruct the City Clerk to
publish notice.
City Council Meeting: 1/3/2022
Prepared: 12/21/2021
ATTACHMENTS:
Description Type
❑ Council Packet Backup Material
Resolution setting date of public hearing as January 18, 2022, to approve the
request by Gray Transportation for a site plan amendment to the"M-2,P"
SUBJECT: Planned Industrial District, to allow for the expansion of their site at 2459
GT Drive, with an additional 116 foot by 80 foot truck maintenance facility,
and instruct the City Clerk to publish notice.
Submitted by: Submitted By:Noel Anderson. Community Planning and Development
Director
Recommended Action: Approval
The applicant is requesting to construct a new 9,280 square foot truck
maintenance facility on land at east end of their current site, a—1.8 acre site
generally located at the northwest corner of GT Drive and Northeast Drive.
The area in question has been zoned "M-2,P"Planned Industrial District
since March 13, 1995, when the land was rezoned from"A-1"Agricultural
District. Surrounding land uses and their zoning designations are as follows:
North— industrial buildings (QCI) and lots, zoned "M-2,P"Planned
Industrial District.
South—industrial buildings (ABC, ConTrol), zoned"M-2,P"Planned
Industrial District.
East—industrial buildings (Ryder, Deere), zoned "M-2,P"Planned Industrial
District.
West— industrial buildings (Gray), zoned "M-2,P" Planned Industrial
District
The proposed building is 116' by 80' in dimensions. It shows office areas,
restrooms, break room, locker rooms, and mechanical rooms for the
operation of the truck maintenance facility. The east elevation shows 3 large
and one smaller overhead doors, while the west elevation has 4 large
overhead doors. The exterior of the building is a mix of metal clad siding
Summary Statement: and ground face finish concrete block, with the first 4' a concrete stem wall.
The building will sit over 80' back from Northeast Drive, and approximately
30' back from GT Drive. There are parking stalls for staff and customer
Page 55 of 249
parking along the southern and eastern sides of the building, with other areas
for trucking turning, storage, and parking. The rear yard is also over 160' in
setback. The site plan shows two curb cuts onto Northeast Drive for
entrance and exiting of the site.
The proposed development is expanding a partnership with Ryder and Gray
Transportation for expansion in this area. The lot is City-owned and will be
conveyed by a Development Agreement as a part of the process for
construction.
Therefore, staff recommends that the request for site plan amendment in the
"M-2,P"Planned Manufacturing District, be approved for the following
reasons:
1. The request is in conformance with the Comprehensive Plan and Future
Land Use Map for this area.
2. The request would not appear to have a negative impact on traffic
conditions in the area.
3. The request would not appear to have a negative impact upon the
surrounding area.
The request to construct the truck maintenance facility would appear to have
Neighborhood Impact: a positive impact upon the surrounding area as it would appear to be
compatible with other industrial development in the area.
Data/Analysis and Strategies: Economic Development and Land Use.
Community Engagement The Planning, Programming, and Zoning Commission held a public hearing
Methods: on December 28th, 2021. Notice letters were sent out to all property owners
on record within 250-feet of the proposed project.
Expenditure Required/Source of None
Funds:
Legal Descriptions: That part of Lot 8 of Northeast Industrial park Plat No. 1 located Northerly
of GT Drive as presently established.
Page 56 of 249
December 14,2021
REQUEST: Request by Gray Transportation for a site plan amendment to
the "M-2,P" Planned Industrial District to allow for the
expansion of their site at 2459 GT Drive with an additional 116'
by 80' truck maintenance facility.
APPLICANT(S): Gray Transportation, 2459 GT Drive, Waterloo, Iowa 50703
GENERAL The applicant is requesting to construct a new 9,280 square
DESCRIPTION: foot truck maintenance facility on land at east end of their
current site, a -1.8 acre site generally located at the northwest
corner of GT Drive and Northeast Drive.
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SURROUNDING The request to construct the truck maintenance facility would
LAND USES AND appear to have a positive impact upon the surrounding area
IMPACT ON as it would appear to be compatible with other industrial
NEIGHBORHOOD: development in the area.
VEHICULAR & The proposed site plan amendment would not appear to have
PEDESTRIAN a negative impact upon vehicular or pedestrian traffic
SPA-2459 GT Drive Page 1 of Rage 57 of 249
December 14,2021
TRAFFIC conditions in the area. The site is served by Northeast Drive,
CONDITIONS: which is a Collector.
RELATIONSHIP TO There are no trails or sidewalks in the immediate project area.
RECREATIONAL None are recommended for the site development.
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY The area in question has been zoned "M-2,P" Planned
FOR SITE AND Industrial District since March 13, 1995, when the land was
IMMEDIATE VICINITY: rezoned from "A-1" Agricultural District. Surrounding land
uses and their zoning designations are as follows:
North — industrial buildings (QCI) and lots, zoned "M-2,P"
Planned Industrial District.
South — industrial buildings (ABC, ConTrol), zoned "M-2,P"
Planned Industrial District.
East — industrial buildings (Ryder, Deere), zoned "M-2,P"
Planned Industrial District.
West — industrial buildings (Gray), zoned "M-2,P" Planned
Industrial District
BUFFERS/ No buffers would be required. The applicant will need to
SCREENING/ submit and execute a landscaping plan for the site during the
LANDSCAPING building permit approval process.
REQUIRED:
DRAINAGE: It will be necessary that a storm water detention plan is
submitted, as well as a SWPPP to the Engineering
Department for review and approval. The proposed request
would not appear to have a negative impact upon drainage in
the area if proper storm water detention techniques are put in
place.
DEVELOPMENT The surrounding area has been designed and developed as
HISTORY: an industrial park. Gray Transportation was built in 2002 as
one of the first tenants in the park.
FLOODPLAIN: No portion of the property is located in the 100-year flood plain
as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 0193F,
dated July 18, 2011. However, the flood plain is not in the
proposed location of the building.
PUBLIC /OPEN There are no schools in close proximity to the site.
SPACES/ SCHOOLS: There are no parks in the immediate vicinity.
UTILITIES: WATER, All utilities are in close proximity to the site in Northeast Drive,
SANITARY SEWER, GT Drive.
STORM SEWER, ETC.
SPA-2459 GT Drive Page 2 of Page 58 of 249
December 14,2021
RELATIONSHIP TO The Future Land Use Map designates this area as Industrial.
COMPREHENSIVE The proposed site plan amendment would be in conformance
LAND USE PLAN: with the Comprehensive Plan and Future Land Use Map for
this area.
STAFF ANALYSIS — The applicant is requesting to construct up to an 9,280 square
ZONING foot building with truck turnaround, storage, and parking
ORDINANCE: areas. The development would work as an expansion of the
Gray Transportation site to the west.
The area in question is zoned "M-2,P" Planned Industrial
District, and this zoning is designed to permit the
establishment of industrial parks and to provide for the orderly
planned growth of industries on large tracts of land, and
allowing greater flexibility and diversification of land uses and
building locations. It is also intended that such industrial parks
be developed to maximize the potentials of industrial areas
and at the same time minimize any adverse effect upon
adjacent properties in other zoning districts.
The proposed building is 116' by 80' in dimensions. It shows
office areas, restrooms, break room, locker rooms, and
mechanical rooms for the operation of the truck maintenance
facility. The east elevation shows 3 large and one smaller
overhead doors, while the west elevation has 4 large
overhead doors. The exterior of the building is a mix of metal
clad siding and ground face finish concrete block, with the first
4' a concrete stem wall.
The building will sit over 80' back from Northeast Drive, and
approximately 30' back from GT Drive. There are parking
stalls for staff and customer parking along the southern and
eastern sides of the building, with other areas for trucking
turning, storage, and parking. The rear yard is also over 160'
in setback. The site plan shows two curb cuts onto Northeast
Drive for entrance and exiting of the site.
The proposed development is expanding a partnership with
Ryder and Gray Transportation for expansion in this area.
The lot is City-owned and will be conveyed by a Development
Agreement as a part of the process for construction.
SPA-2459 GT Drive Page 3 of Page 59 of 249
December 14,2021
m
Exterior Elevations
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SPA-2459 GT Drive Page 4 of Page 60 Of 249
December 14,2021
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SPA-2459 GT Drive Page 5 of Page 61 Of 249
December 14,2021
71
Picture 1:Looking at south side of existing building.
Picture 2:North side of existing building.
SPA-2459 GT Drive Page 6 of Page 62 of 249
December 14,2021
y:
Picture 3: Truck parking west of where the new building will be constructed.
r
Picture 4:Looking at existing parking lot where building will be constructed.
SPA-2459 GT Drive Page 7 of Page 63 of 249
December 14,2021
Picture 5:Looking east along GT Drive toward Northeast Drive.
STAFF ANALYSIS — There is no additional platting needed for the request, as the
SUBDIVISION area for the project has been previously platted.
ORDINANCE:
TECHNICAL REVIEW TBD
COMMITTEE
STAFF Therefore, staff recommends that the request for site plan
RECOMMENDATION: amendment in the "M-2,P" Planned Manufacturing District, be
approved for the following reasons:
1. The request is in conformance with the Comprehensive
Plan and Future Land Use Map for this area.
2. The request would not appear to have a negative
impact on traffic conditions in the area.
3. The request would not appear to have a negative
impact upon the surrounding area.
And with the following conditions(s)-
1. That a adequate site plan be submitted for being
forwarded to City Council.
2. That the final site plan meets all applicable city codes,
regulations, etc. including, but not limited to, parking,
landscaping, screening, drainage, setbacks, etc.
SPA-2459 GT Drive Page 8 of Page 64 of 249
City of Waterloo Planning, Programming and Zoning Commission
December 14, 2021
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Page 65 of 249
City of Waterloo Planning, Programming and Zoning Commission
December 14, 2021
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Ryder Shop Qd"') Hood 265 Main Street, Agawam , MA 01001 ARCHITECTURE + INTERIORS + PLANNING
Page 69 of 249
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These documents may not be used for
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21120.00 BR\NEP
Exterior eva ions BEI\NE -FF
PARTNERS
Ryder Shop @ Hood 265 Main Street, Agawam , MA 01001 ARCHITECTURE + INTERIORS + PLANNING
Page 70 of 249
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These documents may not be used for
regulatory approval, permit or construction. 23 April 2021 3
21120.00 BR\NEP
Exterior eva ions BEI\NE -FF
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Ryder Shop @ Hood 265 Main Street, Agawam , MA 01001 ARCHITECTURE + INTERIORS + PLANNING
Page 71 of 249
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DOWNSPOUTS SHALL BE TYPE DS2 AS LOCKING ACCESS DOOR POLYETHYLENE SLEEVE
MANUFACTURED. BY MCKINLEY IRON
WORKS, OR APPROVED EQUAL
1 SOUTH ELEVATION
A-201 0 4'-0" 8'-0" 12'-0" 1/4" = 1'-0"
These documents may not be used for
regulatory approval, permit or construction. 23 April 2021 4
21120.00
Exterior Elevations BEN\�ETFBR\NEP
PARTNERS
Ryder Shop @ Hood 265 Main Street, Agawam , MA 01001 ARCHITECTURE + INTERIORS + PLANNING
Page 72 of 249
A B C D E
ILLUMINATED BUILDING SIGNAGE PROVIDE
BY OWNER-VERIFY SIZE AND LOCATION
WITH PROJECT MANAGER
PEMB PREFINISHED
METAL RAKE TRIM
� 12
1
PEMB PREFINISHED EAVE HEIGHT
METAL GUTTER EL. 123'-0"
PEMB PREFINISHED
METAL DOWNSPOUT
GF IN EXTEROR WALL
CLADDING TO BE
INSULATED METAIL
PANELS(TYP.)
4"X 8"X 16"GROUND
FACE CMU
CV
r L.L
PIPE BOLLARD
WITH RED '� Q
POLYETHYLENE
SLEEVE
FINISH FLOOR
ESL 100'-0"
CONCRETE STEM WALL METAL LOUVER,
WITH ELASTOMERIC PAINT RE: MECHANICAL
COLOR- PT7
SW 7067 CITYSCAPE
2 WEST ELEVATION
A-202 0 4'-0" 8'-0" 12'-0" 1/4" = 1'-0"
EXHAUST FAN BEYOND,
E D SEE MECHANICAL C B A
AT WALL
BEYOND
PEMB PREFINISHED 12
METAL RAKE TRIM 11 1-71
PEMB PREFINISHED -7
_ _ EAVE HEIGHT
METAL GUTTER EL. 123'3'x`
PEMB PREFINISHED
METAL DOWNSPOUT A77
EAVE HEIGHT
EL. 114'-6"
EXTEROR WALL
CLADDING TO BE
INSULATED METAIL L GF I IN
PANELS(TYP.)
4"X 8"X 16"GROUND
FACE CMU
FINISH FLOOR
ELS. 100-0"
L-47 I I -T\1
1 EAST ELEVATION
-202 0 4'-0" 8'-0" 12'-0" 1/4" = 1'-0"
O O O O
These documents may not be used for
regulatory approval, permit or construction. 23 April 2021 5
21120.00
Exterior Elevations BEN\�ETFBR\NEP
PARTNERS
Ryder Shop @ Hood 265 Main Street, Agawam , MA 01001 ARCHITECTURE + INTERIORS + PLANNING
Page 73 of 249
APPLICATION SITE PLAN AMENDMENT TO A "R-P",
"M-P", "C-P", "B-P", 66S-1" OR"C-Z" DISTRICT
CITY OF WATERLOO PLANNING, PROGRAMMING, AND
ZONING COMMISSION, WATERLOO, IOWA
319.291.4366
New or Overall Amendment
Individual Building
Minor change (check one) (Minor Change must be approved by staff)
1.APPLICATION INFORMATION:
a. Applicant's name(please print):006rr4r, (&MN
Address: !; ., -q T dr-wt, Phone: Fax:
City: W WkDO State: b04, Zip: '4�;0"7p
Email: �kran• u,
b. Status of pli nt: (a Owner (b) Other__f-_(CHECK ONE): If other explain: e0v V c'
c. Property owner's name if different than above(please print): clw ple- U__Ia,4X\oo
Address:—IIS mul aF,-V Phone: "k .2$l•Ll !,a(e Fax:
City: (¢�� State: } Zip: 00-76
Email: r►o�l. .vrowEJ Gtl�,r/!vo•-��•�y
2.PROPERTY INFORMATION: •J
a. General location of site plan to be amended: of
Ncrr .. east
&\,J-e-. `Rc weer\
b. Legal description of property or portion to be amended: NOticSN 'mer-dun Df kr)k' ') Lr�
N ed-th1tAS�' krdu5��o�.��\4•�C �0�
c. Dimensions of proposed site plan amendment: '^- 3SO��l- d•
d. Area of proposed site plan amendment: �j��Sp b 4xucuu,�'-� c►R .��} P"V,6
e. Current zoning: V4-N-a k —\D
f. Reason(s)for site plan amendment and proposed use(s)of property: (Ne"o
10" 76r MouwEu.u,
g. Conditions(if any)agreed to (dos not affect existing conditions unless specified): N A+
h. Other pertinent information(use reverse side if necessary): PtYt*"f, , auk lama R\ams
arm S.�-t.y�\o�r1
Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to
subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process
(separate from site plan amendment request).
The filing fee of$200(for new or overall amendment), $JOD-4for individual Building),or$0 (for minor change) (payable
to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof
be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will
require that the request go back through the process, with a new filing fee. If the request is denied no new petition
covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and
Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The
undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along
with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning
Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials
to enter the property in question in regards to the request.
1
Signature of Applicant Date Signature of Owner Date
Page 74 of 249
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as
February 3, 2022, and date of public hearing as February 7, 2022, in conjunction with the Five Sullivan
Brothers Convention Center Plaza Renovation Project, and instruct the City Clerk to publish notice.
City Council Meeting: 1/3/2022
Prepared: 12/22/2021
ATTACHMENTS:
Description Type
❑ Notice to Bidders Backup Material
Resolution approving preliminaryplans, specifications, form of contract,
etc., setting date of bid opening as February 3, 2022, and date of public
SUBJECT: hearing as February 7, 2022, in conjunction with the Five Sullivan Brothers
Convention Center Plaza Renovation Project, and instruct the City Clerk to
publish notice.
Submitted by: Submitted By:Noel Anderson. Community Planning and Development
Director
Recommended Action: Approval
Summary Statement: Plans are available in the Clerk's Office for review.
Page 75 of 249
SECTION 00 1113
NOTICE OF PUBLIC LETTING
NOTICE OF BID LETTING FOR THE CONSTRUCTION OF THE SULLIVAN
BROTHERS PLAZA RENOVATION FOR THE CITY OF WATERLOO, IOWA,
AND THE TAKING OF BIDS FOR SUCH CONSTRUCTION.
Notice is hereby given that the City Council of Waterloo, Iowa, will receive bids at the office of
the City Clerk in said City until the 3rd day of February 2022 at 1:00 p.m., for the renovation
of the Sullivan Brothers Plaza Renovation for the City of Waterloo, Iowa in and for said City. All
bids shall be submitted to the City Clerk's Office at 715 Mulberry Street. Bids will be publicly
opened, livestreamed on YouTube and made available on the city website; and tabulated on said
day and hour and will then be acted on by the City Council at their meeting on the 7th day of
February 2022 at 5:30 p.m. for their consideration and action.
The project consists of renovation of the existing Plaza area along West 4th street which will in-
clude the groundwork for a Memorial to the Five Sullivan Brothers. Work along Jefferson Street
and Commercial Street are also included in the project. There will be landscaping, electrical, and
structural work included in the project, and related work indicated in the drawings and specifica-
tions.
A prebid conference will be held on site on the 29th day of January 2022 at 2:00 p.m., to
review site conditions. Meet at Five Sullivan Brothers Convention Center, 200 West 4th Street,
Waterloo, Iowa, in the Lobby.
A more detailed description of the kinds and approximate quantities of materials and types of con-
struction for which bids will be received are set forth in the Bidding Documents prepared by ISG,
of Waterloo, Iowa, which, together with the proposed form of contract, have heretofore been ap-
proved by the City Council, and are now on file for public examination at the office of the City
Clerk, and are by this reference made part hereof as though fully set out and incorporated herein.
All sealed bids in connection therewith shall be submitted to the City Clerk on or before the time
herein set for letting. All proposals shall be made on official proposal forms furnished by the Ar-
chitect/Engineer and must be enclosed in a separate sealed envelope and plainly identified as to
which project it regards and addressed to the City of Waterloo, Iowa. If a bid is to be mailed, the
bid envelope shall be sealed in a regular mailing envelope. FAX and E-mail Bids will not be ac-
cepted. The Owner reserves the right to reject any or all bids and to waive informalities and to
hold and consider the bids for 45 days after the date of the bid opening. The contract will be
awarded to the lowest, responsive, responsible bidder.
Each proposal shall be accompanied by a bid bond, certified check, cashier's check or certified
share draft in a separate sealed envelope, clearly marked "Bid Bond" or Bid Security", in an
amount equal to five percent (5%) of the total amount of the proposal. The certified or cashier's
check shall be drawn on a bank in Iowa or a bank chartered under the laws of the United States of
America or the certified share draft shall be drawn on a credit union in Iowa or chartered under the
laws of the United States and payable to the City. Said check or share draft may be cashed, or
the bid bond forfeited as liquidated damages in the event the successful bidder fails or refuses to
enter into a contract within ten (10) days of issuance of a Notice of Award and post bond satisfac-
tory to the City insuring the faithful fulfillment of the contract and maintenance of said improve-
ments as required by law. The bid bond should be executed by a corporation authorized to con-
tract as a surety in the State of Iowa and must not contain any conditions either in the body or as
an endorsement thereon.
The successful bidder will be required to furnish a corporate surety bond in an amount equal to
one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety
approved by the City, and shall guarantee the faithful performance of the contract and the terms
and conditions therein contained, the payment for materials used in the project and the mainte-
nance of said improvements in good repair for not less than one (1) year from the time of ac-
ceptance of said improvements by the City.
NPH-1
Page 76 of 249
Payment of the cost of said project will be made from such cash funds of the City as may be legal-
ly used for said purpose at the discretion of the City.
The Contractor will be paid ninety-five per cent (95%) of the Architect's/Engineer's estimate of the
value of acceptable work completed at the end of the preceding month. Final payment will be
made not less than thirty-one (31) days after completion of the work and acceptance by the City,
subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Io-
wa.
No such final payment will be due until the Contractor certifies to the City that the materials, labor,
and services involved in the final estimate have been paid for in accordance with the requirements
stated in the specifications.
The City of Waterloo is exempt from paying Sales and Use Tax and will supply Contractor with an
"Iowa Sales Tax Exemption Certificate" and an authorization letter to allow the Contractor to buy
equipment and material for the project without paying Sales and Use tax.
The work on this project shall commence March 7th, 2022 after receipt by the contractor of a writ-
ten notice to proceed and shall be substantially completed on or before the 29th day of July
2022, subject to any changes in the contract period as provided for in these specifications and
granted by the City Council. The Work on this project shall be finally completed by, and ready
for final payment, on or before the 12th day of August 2022 subject to any changes in the con-
tract period as provided for in these specifications and granted by the City Council.
By virtue of statutory authority, a preference will be given to products and provisions grown and
coal produced within the State of Iowa.
In accordance with Iowa statutes, a resident bidder shall be allowed a preference as against a
nonresident bidder from a state or foreign country if that state or foreign country gives or requires
any preference to bidders from that state or foreign country, including but not limited to any pref-
erence to bidders, the imposition of any type of labor force preference, or any other form of pref-
erential treatment to bidders or laborers from that state or foreign country. The preference allowed
shall be equal to the preference given or required by the state or foreign country in which the non-
resident bidder is a resident. In the instance of a resident labor force preference, a nonresident
bidder shall apply the same resident labor force preference to a public improvement in this state
as would be required in the construction of a public improvement by the state or foreign country in
which the nonresident bidder is a resident.
Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being
deemed nonresponsive and rejected.
Plans and specifications governing the construction of the proposed improvements have been
prepared by the Architect/Engineer. These plans and specifications, and the proceedings of the
City Council referring to and defining said improvements, are hereby made a part of this Notice
and the proposed contract by reference, and the proposed contract shall be executed to comply
therewith.
Copies of said plans and specifications and form of contract are now on file in the office of the City
Clerk, for examination by bidders. Copies may also be obtained from Rapids Reproductions, by
calling 1-800-383-1223, upon deposit of two-hundred dollars ($200.00) which shall be refund-
ed if plans and specifications are returned to Rapids Reproductions, Inc. no later than fourteen
(14) days following award of project. If the plans and specifications are not returned within the
allotted time and in a reusable condition, the deposit shall be forfeited. Please call ahead to make
sure that bidding documents are ready to pick up when you arrive.
Drawings, specifications, and other Bidding Documents may also be obtained online at
www.questcdn.com. If you do not already have a free membership, you may sign up for one to
gain access to the documents. The QuestCDN eBidDoc number is 7978016. There is no fee
to access a pdf copy of the documents online.
NPH-2
Page 77 of 249
Documents are viewable at www.guestcdn.com and www.ISGinc.com free of charge.
Any bidder or equipment supplier whose firm or affiliate is listed in the GSA publication "List of
Parties Excluded from Federal Procurement and Non-procurement Programs" will be prohibited
from the bidding process. Anyone submitting a bid who is listed in this publication will be deter-
mined to be a non-responsive bidder in accordance with 40 CFR Part 31.
Published upon order of the City of Waterloo, Iowa.
CITY OF WATERLOO, IOWA
BY/s/ Quentin M. Hart
Mayor
ATTEST:
BY/s/ Kelley Felchle
City Clerk
NPH-3
Page 78 of 249
NPH-4
Page 79 of 249
CITY OF WATERLOO
Council Communication
Request by 3 Stooges, LLC, for a site plan amendment to the"M-2,P"Planned Industrial District to allow for
the construction of three(3)new commercial buildings on their site on Martin Road, located north of 2010
West Ridgeway Avenue.
City Council Meeting: 1/3/2022
Prepared: 12/21/2021
ATTACHMENTS:
Description Type
❑ Council Packet Backup Material
❑ Legal Description Backup Material
Motion to receive and file proof of publication of notice of public hearing_
HOLD HEARING -No comments on file.
Motion to close hearing and receive and file oral and written comments and
recommendation of approval of the Planning; Programming and Zoning
Commission.
Motion to receive, file, consider, and pass for the first time an ordinance
SUBJECT: amending Ordinance No. 5079, as amended, City of Waterloo Zoning
Ordinance, by amending the Official Zoning Map referred to in Section 10-
4-4, approving a site plan amendment to the"M-2.P"Planned Industrial
District to allow for the construction of three(3)new commercial buildings
on their site on Martin Road, located north of 2010 West Ridgeway Avenue.
Motion to suspend the rules.
Motion to consider and pass for the second and third times and adopt the
ordinance.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Summary Statement: The applicant is requesting to construct 3 new commercial buildings just
north of 2010 W Ridgeway Avenue.
The request to construct the commercial buildings would appear to have a
positive impact upon the surrounding area as it would appear to be
compatible with other industrial development in the area.
The proposed site plan amendment would not appear to have a negative
impact upon vehicular or pedestrian traffic conditions in the area. The site is
served by Martin Road, which is a Collector.
The area in question has been zoned "M-2,P"Planned Industrial District
since May 3, 2004, when the land was rezoned from"U-1"Unclassified
District. Surrounding land uses and their zoning designations are as follows:
North— industrial and residential buildings (Cardinal Construction and one
residential home), zoned "M-2,P"Planned Industrial District, and "A-1"
Page 80 of 249
Agricultural District.
South—industrial buildings (Deno, Kwik Star fuel blending facility), zoned
"M-2,P"Planned Industrial District.
East—industrial buildings (Fahr Beverage and O'Neal Steel), zoned"M-
2,P"Planned Industrial District.
West— industrial lots, Leonard Katoski Greenbelt, zoned "M-2,P" Planned
Industrial District and "A-1" Agricultural District.
The surrounding area has been designed and developed as an industrial
park.
The entire property is located in the 100-year flood plain as indicated per the
Federal Insurance Administration's Flood Insurance Rate Map, Community
Number 190025 0282F, dated July 18, 2011. The proposed building finished
floor elevations are shown at 862.5, and the base flood elevation is 858-860.6
in this area. So the buildings meet floodplain development criteria.
The Future Land Use Map designates this area as Industrial. The proposed
site plan amendment would be in conformance with the Comprehensive Plan
and Future Land Use Map for this area.
The applicant is requesting to construct three new commercial buildings on
the site. The buildings are approximately 8,200 square feet in size. The
buildings would be located on the site approximately 65' back from the
Neighborhood Impact: property line, and the buildings are built to raise the elevations of the finished
floors above the flood plain 100-year limit. The northerly most building is
11' from the northern property line, and the southerly most building is 15'
from the southerly property line—both meeting setback requirements.
The buildings will have rear loading docks, with overhead doors on the back
and front side of buildings. There are office areas and shop areas for each
building, to keep options for uses by tenants. The construction is planned in
two phases, with two buildings going up this construction season or spring,
and the third building in 2022. The exterior siding of the buildings will be
metal clad siding, with some windows on the office area, 36"wainscot line
on bottom portion.
The buildings are setup with shared access portions, utilizing two curb cuts
for the three buildings for entrance to each parking area(each building
showing 6 parking spaces) and to the rear side of the lot, with a storage area
setup in the rear of buildings, or future expansions.
The area in question is zoned"M-2,P"Planned Industrial District, and this
zoning is designed to permit the establishment of industrial parks and to
provide for the orderly planned growth of industries on large tracts of land,
and allowing greater flexibility and diversification of land uses and building
locations. It is also intended that such industrial parks be developed to
maximize the potentials of industrial areas and at the same time minimize any
adverse effect upon adjacent properties in other zoning districts.
The lot was previously conveyed from the City of Waterloo to 3 Stooges
LLC through a Development Agreement as a part of the process for
construction and development of the site. .
There is no additional platting needed for the request, as the area for the
project has been previously platted.
Therefore, staff recommends that the request for site plan amendment in the
"M-2,P"Planned Manufacturing District, be approved for the following
reasons:
Page 81 of 249
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.
Data/Analysis and Strategies: Economic Development and Land Use.
Community Engagement The Planning, Programming and Zoning Commission held a public hearing
Methods: on December 28th, 2021. Notice letter was sent out to property owners on
record located with 250-feet of the property in question.
Expenditure Required/Source of None
Funds:
Legal Descriptions: BROCK THIRD ADDITION LOT 2 EXC N 150 FT THEREOF
Page 82 of 249
December 14,2021
REQUEST: Request by 3 Stooges LLC (Fischels ) for a site plan
amendment to the "M-2,P" Planned Industrial District to allow
for the construction of three new commercial buildings on their
site on Martin Road, just north of 201 West Ridgeway Avenue
(Denso).
APPLICANT(S): 3 Stooges LLC, PO Box 203, Waterloo, Iowa 50703
GENERAL The applicant is requesting to construct three new commercial
DESCRIPTION: buildings along the western side of Martin Road (Brock 3rd
Addition Lot 2, just behind Denso).
SURROUNDING The request to construct the commercial buildings would
LAND USES AND appear to have a positive impact upon the surrounding area
IMPACT ON as it would appear to be compatible with other industrial
NEIGHBORHOOD: development in the area.
VEHICULAR & The proposed site plan amendment would not appear to have
PEDESTRIAN a negative impact upon vehicular or pedestrian traffic
TRAFFIC conditions in the area. The site is served by Martin Road,
CONDITIONS: which is a Collector.
RELATIONSHIP TO There are no trails or sidewalks in the immediate project area.
RECREATIONAL None are recommended for the site development.
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY The area in question has been zoned "M-2,P" Planned
FOR SITE AND Industrial District since May 3, 2004, when the land was
IMMEDIATE VICINITY: rezoned from "U-1" Unclassified District. Surrounding land
uses and their zoning designations are as follows:
North — industrial and residential buildings (Cardinal
Construction and one residential home), zoned "M-2,P"
Planned Industrial District, and "A-1"Agricultural District.
South — industrial buildings (Denso, Kwik Star fuel blending
facility), zoned "M-2,P" Planned Industrial District.
East — industrial buildings (Fahr Beverage and O'Neal Steel),
zoned "M-2,P" Planned Industrial District.
West — industrial lots, Leonard Katoski Greenbelt, zoned "M-
2,P" Planned Industrial District and "A-1"Agricultural District.
BUFFERS/ No buffers would be required. The applicant will need to
SCREENING/ submit and execute a landscaping plan for the site during the
LANDSCAPING building permit approval process.
REQUIRED:
DRAINAGE: It will be necessary that a storm water detention plan is
submitted, as well as a SWPPP to the Engineering
Department for review and approval. The proposed request
would not appear to have a negative impact upon drainage in
SPA-NE of 2510 Leversee Road Page 1 of Page 83 of 249
April 2,2019
the area if proper storm water detention techniques are put in
place.
DEVELOPMENT The surrounding area has been designed and developed as
HISTORY: an industrial park. Building construction:
Fahr— 1981, additions: 1998, 2002, 2007
O'Neal — 1990, addition: 1994
Denso - 2004
Kwik Star— 2017
Cardinal — 2019
FLOODPLAIN: The entire property is located in the 100-year flood plain as
indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 0282F,
dated July 18, 2011. The proposed building finished floor
elevations are shown at 862.5, and the base flood elevation is
858-860.6 in this area. So the buildings meet floodplain
development criteria.
PUBLIC /OPEN There are no schools in close proximity to the site.
SPACES/ SCHOOLS: The Leonard Katoski Greenbelt is in close proximity to the site
to the west.
UTILITIES: WATER, All utilities are in close proximity to the site in Martin Road.
SANITARY SEWER,
STORM SEWER, ETC.
RELATIONSHIP TO The Future Land Use Map designates this area as Industrial.
COMPREHENSIVE The proposed site plan amendment would be in conformance
LAND USE PLAN: with the Comprehensive Plan and Future Land Use Map for
this area.
STAFF ANALYSIS — The applicant is requesting to construct three new commercial
ZONING buildings on the site. The buildings are approximately 8,200
ORDINANCE: square feet in size. The buildings would be located on the site
approximately 65' back from the property line, and the
buildings are built to raise the elevations of the finished floors
above the flood plain 100-year limit. The northerly most
building is 11' from the northern property line, and the
southerly most building is 15' from the southerly property line
— both meeting setback requirements.
The buildings will have rear loading docks, with overhead
doors on the back and front side of buildings. There are office
areas and shop areas for each building, to keep options for
uses by tenants. The construction is planned in two phases,
with two buildings going up this construction season or spring,
and the third building in 2022. The exterior siding of the
buildings will be metal clad siding, with some windows on the
office area, 36" wainscot line on bottom portion.
SPA-NE of 2510 Leversee Road Page 2 of Page 84 of 249
April 2,2019
The buildings are setup with shared access portions, utilizing
two curb cuts for the three buildings for entrance to each
parking area (each building showing 6 parking spaces) and to
the rear side of the lot, with a storage area setup in the rear of
buildings, or future expansions.
The area in question is zoned "M-2,P" Planned Industrial
District, and this zoning is designed to permit the
establishment of industrial parks and to provide for the orderly
planned growth of industries on large tracts of land, and
allowing greater flexibility and diversification of land uses and
building locations. It is also intended that such industrial parks
be developed to maximize the potentials of industrial areas
and at the same time minimize any adverse effect upon
adjacent properties in other zoning districts.
The lot was previously conveyed from the City of Waterloo to
3 Stooges LLC through a Development Agreement as a part
of the process for construction and development of the site. .
STAFF ANALYSIS — There is no additional platting needed for the request, as the
SUBDIVISION area for the project has been previously platted.
ORDINANCE:
TECHNICAL REVIEW TBD
COMMITTEE
STAFF Therefore, staff recommends that the request for site plan
RECOMMENDATION: amendment in the "M-2,P" Planned Manufacturing District, be
approved for the following reasons:
1. The request is in conformance with the Comprehensive
Plan and Future Land Use Map for this area.
2. The request would not appear to have a negative
impact on traffic conditions in the area.
3. The request would not appear to have a negative
impact upon the surrounding area.
And with the following conditions(s):
1. That the final site plan meets all applicable city codes,
regulations, etc. including, but not limited to, parking,
landscaping, screening, drainage, floodplain
regulations, setbacks, etc.
SPA-NE of 2510 Leversee Road Page 3 of Page 85 of 249
City of Waterloo Planning, Programming and Zoning Commission
December 14, 2021
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City of Waterloo Planning, Programming and Zoning Commission
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Page 87 of 249
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Page 89 of 249
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Page 91 of 249
APPLICATION SITE PLAN AMENDMENT TO A "R-P",
"M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT
CITY OF WATERLOO PLANNING, PROGRAMMING,AND
ZONING COMMISSION, WATERLOO, IOWA
319.291.4366
New or Overall Amendment
Individual Building
Minor change (check one) (Minor Change must be approved by staff)
1. APPLICATION INFORMATION:
a. Applicant's name(please print): ra�c $
Address: Phone: X )I3,�Y-SQ1�iz Fax: ��q��1- 'J O C1�!s
City: State: -XIA Zip. SaQou
Email: Com-. :s C
&I GR'F ZE cam
b. Status of applicant: (a) Owner
_)C___(b) Other (CHECK ONE): If other explain:
c. Property owner's name if different than above(please print): VIA
Address: Phone: _Fax:
City: State: Zip:
Email:
2. PROPERTY INFORMATION:
a. General location of site plan to be amended: 1� E�'•
b. Legal description of property or portion to be amended:
c. Dimensions of proposed site plan amendment: sem vv—a
d. Area of proposed site plan amendment: tae 1
e. Current zoning: 1
f. Reason(s)for site plan amendment and proposed use(s) of property:`
g. Conditions (if any) agreed to(does not affect existing conditions unless specified):
h. Other pertinent information(use reverse side if necessary): �—
Please Note: If applicant is not the owner of the property,the signature of the owner must be secured.If it is the intent to
subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process
(separate from site plan amendment request).
The filing fee of$200 (for new or overall amendment), $100(for individual Building),or$0(for minor change) (payable
to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof
be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will
require that the request go back through the process, with a new filing fee. If the request is denied no new petition
covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and
Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The
undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along
with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning
Commission and the WVerloo City Council in making their decision. The undersigned authorize City Zoning Officials
to enter the prop uestion in re s to the request.
Sign a of Appl' ant Date Signg6re of er Page
elNeof 249
Legal Description:
BROCK THIRD ADDITION LOT 2 EXC N 150 FT THEREOF
Page 93 of 249
CITY OF WATERLOO
Council Communication
Resolution approving the Experience Waterloo Board recommendation for funding in the Partner and Event
Hotel/Motel Tax Grant funds for third and fourth quarters of FY 2022, in the amount of$38,000.
City Council Meeting: 1/3/2022
Prepared: 12/22/2021
ATTACHMENTS:
Description Type
❑ Council Communication Backup Material
Resolution approving the Experience Waterloo Board recommendation for
SUBJECT: funding in the Partner and Event Hotel/Motel Tax Grant funds for third and
fourth quarters of FY 2022, in the amount of$38.000.
Submitted by: Submitted By:Tavis Hall, Executive Director of Waterloo Convention and
Visitors Bureau
The Experience Waterloo Board of Directors is recommending the grant
awards for five events happening in the third and fourth quarters of FY22.
These grant recommendations total$38,000.00:
Pool and Dart Tournaments - Convention Center- Feb and March, 2022
Recommendation: $20,000.00 - Total Econ Impact: $2,532,646.00
Summary Statement: FIRST Robotics - McLeod Center, UNI - March 22-26, 2022
Staff Recommendation: $5,000.00 - Total Econ Impact: $2,167,075.00
VGM Heartland Conference- Waterloo Convention Center - June, 2022
Staff Recommendation: $10,000.00 - Total Econ Impact: $1,465,797.00
Letter Carriers Union- Waterloo Convention Center -April, 2022
Staff Recommendation: $3,000.00 - Total Econ Impact: $286,571.00
Page 94 of 249
Council Communication
City Council Meeting: December 20, 2021
Prepared: December 8, 2021
Dept. Head Signature:
Number of Attachments: 1
SUBJECT: FY22 Q3 & Q4 Hotel/Motel Grant Requests
Submitted by: Tavis Hall, Experience Waterloo
Recommended City Council Action: Approve Experience Waterloo (CVB) board recommendation of
$38,000.
Event Summary
The Experience Waterloo Board of Directors is recommending the grant awards for 5 events
happening in Q3 & Q4 of FY22. These grant recommendations total $38000
Pool & Dart Tournaments I W'loo Convention Center I Feb & March, 2022
Recommendation: $20,000 1 Total Econ Impact: $2,532,646
FIRST Robotics I McLeod Center, UNI I March 22-26, 2022
Staff Recommendation: $5,000 1 Total Econ Impact: $2, 167,075
VGM Heartland Conference I W'loo Convention Center I June, 2022
Staff Recommendation: $10,000 1 Total Econ Impact: $1,465,797
Letter Carriers Union I W'loo Convention Center I April, 2022
Staff Recommendation: $3,000 Total Econ Impact: $286,571
Projected economic impact: $6,452,089
Request: $38,000
ROI (Economic impact based on requested funds): An $38,000 total award for these 4 events
would return $169.79 per dollar invested.
Source of Funds: Hotel-motel tax grant funding for FY22
Policy Issue: None
Alternative: Do not provide funding or provide alternate funding amount.
Background Information: The Experience Waterloo Board reviewed all applications and scored
based on the project's ability to meet the goals of the grant program:
1. Does the project have a significant economic impact / significantly enhance the visitor's
experience in Waterloo?
2. Does the project strengthen the perceptions of Waterloo?
3. How important are grant dollars toward ensuring the success of the project?
4. Is the application clear, complete and thought-out?
5. Is the project new, or are there significant changes from previous years?
Page 95 of 249
POOL & DART
Event Impact Summary
Destination: Experience Waterloo
Event Parameters Key Results
Event Name: Pool & Dart Business Sales (Direct): $1,630,197
Organization: IOMA Business Sales (Total): $2,532,646
Event Type: Convention Jobs Supported (Direct): 516
Start Date: 3/3/2022 Jobs Supported (Total): 635
End Date: 3/7/2022 Local Taxes (Total): $37,240
Overnight Attendees: 2500 Net Direct Tax ROI: $34,302
Day Attendees: 6000 Estimated Room Demand: 3,181
Direct Business Sales
Sales by Source Sales by Sector
$800.000
Trans.
$000.000 Space Rental
Retail
00.000 Recreation
Lodging
$200.000
Business Serrices
50
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Industry Attendees Organizer Exhibitor Total
Lodging $349,921 $31,496 $0 $381,418
Transportation $98,443 $10,499 $45,701 $154,643
Food & Beverage $218,011 $212,916 $96,124 $527,051
Retail $75,513 $0 $0 $75,513
Recreation $40,720 $0 $0 $40,720
Space Rental $0 $90,133 $26,506 $116,640
Business Services $0 $211,126 $123,087 $334,214
TOTAL $782,608 $556,171 $291,418 $1,630,197
Page 96 of 249
FIRST ROBOTICS
Event Impact Summary
Destination: Experience Waterloo
Event Parameters Key Results
Event Name: FIRST Robotics Business Sales (Direct): $1,397,278
Organization: FIRST Business Sales (Total): $2,167,075
Event Type: Convention Jobs Supported (Direct): 490
Start Date: 3/23/2022 Jobs Supported (Total): 597
End Date: 3/26/2022 Local Taxes (Total): $29,198
Overnight Attendees: 1050 Net Direct Tax ROI: $26,693
Day Attendees: 6050 Estimated Room Demand: 2,599
Direct Business Sales
Sales by Source Sales by Sector
$800.000
Trans.
$600.000 Space Rental
Retail
$400.000 Recreation
Lodging
$200.000
Business Services
$0
Att= Baas u 3snz3. Ex- oto•a 5v 5100.000 5244.044 5304.444 5444,444 5544,444
Industry Attendees Organizer Exhibitor Total
Lodging $259,902 $35,807 $0 $295,709
Transportation $87,179 $11,936 $25,847 $124,961
Food & Beverage $208,115 $200,696 $54,364 $463,175
Retail $88,884 $0 $0 $88,884
Recreation $38,192 $0 $0 $38,192
Space Rental $0 $84,960 $14,991 $99,951
Business Services $0 $216,792 $69,613 $286,405
TOTAL $682,272 $550,190 $164,815 $1,397,278
Page 97 of 249
VGM HEARTLAND CONF.
Event Impact Summary
Destination: Waterloo Convention & Visitors Bureau
Event Parameters Key Results
Event Name: Heartland Conference 2022 Business Sales (Direct): $942,798
Organization: VGM & Associates Business Sales (Total): $1,465,797
Event Type: Convention Jobs Supported 363
(Direct):
Start Date: 6/8/2022 Jobs Supported (Total): 446
End Date: 6/11/2022 Local Taxes (Total): $25,447
Overnight 900 Net Direct Tax ROI: $23,745
Attendees:
Day Attendees: 100 Estimated Room 2,228
Demand:
Direct Business Sales
Sales by Source Sales by Sector
$500:000
Trans.
$4400.000 Space Rental
Retail
$300:000 lRecreation
X200.000 Lodging
$100,000 Business Services
$0 3103= ,�aoo," 3 AB
�tt=_n-Aees Organa-R• _ . s.. __ a5]J 31:M=
Industry Attendees Organizer Exhibitor Total
Lodging $256,190 $4,838 $0 $261,028
Transportation $80,624 $1,613 $8,951 $91,187
Food & Beverage $89,232 $231,558 $18,826 $339,615
Retail $26,821 $0 $0 $26,821
Recreation $16,921 $0 $0 $16,921
Space Rental $0 $68,846 $5,191 $74,037
Business Services $0 $109,082 $24,107 $133,188
TOTAL $469,787 $415,937 $57,074 $942,798
Page 98 of 249
RURAL LETTER CARRIERS
Event Impact Summary
Destination: Experience Waterloo
Event Parameters Key Results
Event Name: B- 2022 Iowa Rural Letter Carriers Business Sales (Direct): $184,793
Association Conference
Organization: Iowa Rural Letter Carriers Association Business Sales (Total): $286,571
(IRLCA)
Event Type: Business Meeting Jobs Supported (Direct): 55
Start Date: 6/24/2022 Jobs Supported (Total): 63
End Date: 6/29/2022 Local Taxes (Total): $6,028
Overnight Attendees: 350 Net Direct Tax ROI: $5,698
Day Attendees: 200 Estimated Room Demand: 588
Direct Business Sales
Sales by Source Sales by Sector
$160.000-
$140.000- Trans.
$120.000 Space Rental
$100.000 Retail
$80.000 Recreation
$60.000 Lodging
$40.000-
$20.000 Business Services
$0
Att-2nd-2�s 3 gsnz=_• ExiotD s 5v 52u.vuu 54u.vuv S3u.vuu 58u.vuv
Industry Attendees Organizer Exhibitor Total
Lodging $58,846 $2,123 $0 $60,969
Transportation $19,665 $708 $0 $20,372
Food & Beverage $44,802 $18,594 $0 $63,396
Retail $15,017 $0 $0 $15,017
Recreation $7,697 $0 $0 $7,697
Space Rental $0 $7,987 $0 $7,987
Business Services $0 $9,356 $0 $9,356
TOTAL $146,026 $38,768 $0 $184,793
Page 99 of 249
CITY OF WATERLOO
Council Communication
Resolution approving a Grant Agreement with Black Hawk Gaming, in the amount of$400,000, for the Cedar
River Lighting Project, and authorizing the Mayor and City Clerk to execute said documents.
City Council Meeting: 1/3/2022
Prepared: 12/16/2021
ATTACHMENTS:
Description Type
❑ Cedar River Lighting Backup Material
Resolution approving a Grant Agreement with Black Hawk Gaming, in the
SUBJECT: amount of$400,000, for the Cedar River Lighting Project, and authorizing
the Mayor and City Clerk to execute said documents.
Submitted by: Submitted By:Noel Anderson, Commun4 Planing and Development
Director
Recommended Action: Approve grant agreement.
The City successfully applied for a$400,000 grant for the Cedar River
Lighting project. This is the next step in the grant process.
The project will include lighting on the 4th Street Pedestrian Bridge and
along the Cedar River dam area to create cascading lights on the waters of
the Cedar River. The project would have interior and exterior lighting on the
pedestrian bridge, as well as a re-painted interior structure of the pedestrian
bridge to maximize reflectivity. The exterior lighting would be designed to
specifically aim at, work with, and maximize the waterfall's movements,
cascading curtain, and whitewater reflectivity in harmony with the lighting
system.
The City will also be adding a light components in the amount of$395,000
(not included in total)to the newly constructed Park Avenue Bridge to
compliment this idea of River Lighting along Downtown Waterloo. This will
involve the providing of lighting along the bridge specific to traffic
movements, as well as additional lighting in a neon color and design specific
to the exterior appearance of the bridge from the waterway, shore, and along
the soon-to-be constructed pedestrian walkways. The added lighting to the
Park Avenue Bridge will fit in with the theme of a larger overall plan of bridge
lighting to enhance Downtown Waterloo for business development, tourism,
Summary Statement: and overalluse. The neon lighting on Park Avenue Bridge will have same
abilities to change colors with other lighting features.
Light tower plazas would be located on both sides of the riverfront, creating
the East and West Plazas of the riverfront, at the 4th Street Pedestrian
Bridge, to further reflect lighting throughout the river corridor. The towers
would also be lit, to match up with the color options on the bridge, and have
screening and aesthetics in the plaza design to enhance the riverfront
locations. The towers will complement the Expo Plaza towers in design and
Page 100 of 249
appearance.
When completed the lighting experience is designed to create an economic
development spark, a source of community pride to unite the two sides of
the Cedar River, a tool for visitor attraction, a destination for recreation, art,
and entertainment. Lighting will be programmed for holidays (red, white, and
blue for 4th of July), events (Green for Irish Fest and Deere festivals), and
other community celebrations. The bridge lighting project works to continue
the positive past projects and momentum(Amphitheatre space, EXPO
Plaza, dam improvements, Waterloo Boathouse)which have brought
thousands of visitors to the Cedar River area in general, and worked to
create the public gatherings spaces and venues that are key to revitalization
and investment by others (Art Bloc building now open, 6Comm mixed use
building planned) for continued redevelopment of the riverfront.
Neighborhood Impact: Positive impact upon continued riverfront development
Data/Analysis and Strategies: Riverfront Renaissance Plan
Project budget$1,653,544The Waterloo Development Corporation(WDC)
Expenditure Required/Source of will match funds in the amount of$826,772.
Funds: The City of Waterloo would match remaining funds with$426,772 in bond
and TIF funds.
$400,000 Gaming grant funds
Alternative: Not approve
Page 101 of 249
PHASE 4:LIGHTING FOR FUTURE
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} PHASE 1: LIGHTING FOR 4TH STREET BRIDGE
•RI r Pl Ie i Club AND INFRASTRUCTURE FOR FUTURE PHASES
PHASE 3: (2) LIGHT TOWERS TO MATCH EXPO PLAZA
CITY OF WATERLOO
Council Communication
Resolution approving a Temporary Construction Easement Agreement with Sandra L. Utsler,Angela C. Lund
and Danielle Utsler-Stone, in the amount of$394.94, in conjunction with reconstruction of the 11th Street
Bridge located at 181 West 11th Street, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 1/3/2022
Prepared: 12/14/2021
ATTACHMENTS:
Description Type
❑ Temporary Easement Agreement Backup Material
❑ Easement Plat Backup Material
Resolution approving a Temporary Construction Easement Agreement with
Sandra L. Utsler, Angela C. Lund and Danielle Utsler-Stone, in the amount
SUBJECT: of$394.94, in conjunction with reconstruction of the 11th Street Bridge
located at 181 West 11th Street, and authorizing the Mayor and City Clerk to
execute said document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Transmitted is a request to enter into a temporary construction easement
agreement with Sandra L. Utsler,Angela C. Lund and Danielle Utsler-Stone,
in the amount of$394.94, in conjunction with reconstruction of the 11th
Summary Statement: Street Bridge located at 181 West 11th Street. Attached is a map showing
the area of the temporary construction easement and its dimensions.
Replacement of the nearly 70 year old bridge will continue the ongoing
efforts to continue to enhance Downtown Waterloo adding to all the
other successes that have occurred over the years.
Replacement of the 11th Street Bridge will have a great impact on Downtown
Neighborhood Impact: Waterloo and raising the bridge will eliminate the need of flood closures
during times of high water.
Data/Analysis and Strategies:
Expenditure Required/Source of$394.94. Federal Bridge Grant, RISE, GO Bonds and Local Option
Funds:
Page 103 of 249
s
t
Prepared by Tim Andera,City of Waterloo,Waterloo, JA 50703. Phone(319}291-4366
i>
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
2021 by and between Sandra L. Utsler, Angela C. Lund and Danielle
Utsler-Stone ("Grantor"), and the City of Waterloo, Iowa("Grantee").
1. Grant of Temporary Easement. In consideration of the mutual promises
and covenants contained herein, and for other good and valuable consideration in the
amount of$394.94,the receipt and sufficiency of which is hereby acknowledged Grantor
does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary
easement for purposes relating to construction of the Improvements (the "Temporary
Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary
Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference
made a part hereof. The Temporary Easement shall expire upon conclusion of all
construction, cleanup, and demobilization activities upon the Premises and adjacent land,
or January 1, 2024, whichever occurs first. Q
2. Purpose. The Temporary Easement Premises is intended for use by
r
Grantee, its employees, contractors and agents, to reconstruct the 11th Street Bridge and
utility improvements (the "Improvements"). It is the intention of the parties that Grantee
shall assume all responsibility for the construction of the Improvements adjacent to the
Premises, and that Grantor shall have no liability relating to the Easement or the
Improvements except as may arise from the Grantor's own negligent acts or omissions or
willful misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Temporary Easement Premises to Grantee, "as is, where is", without any representation or
warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary
Easement Premises in any way for Grantee's use. Following transfer of possession of the
Temporary Easement Premises, Grantor shall have no further duty or obligation with
respect to same, except as set forth herein. Grantor may mow or care for grasses and
vegetation growing in the Temporary Easement Premises during the period of this
Agreement, but may not conduct other activities upon the Temporary Easement Premises
without the prior written consent of Grantee. Grantor agrees that any activities that
Grantor, its officers, employees, contractors or agents undertake on the Temporary
Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby
Page 104 of 249 F
4. Tenant Access to Building. Grantee shall maintain a pedestrian access during the
duration of construction, or when no longer necessary, from the alley to the walk-in door facing
towards West 11th Street for Grantor's tenants.
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
Sandra L.Utsler Quentin M. Hart,Mayor
0.n
Angel C. Lund
Attest:
On -Q�i7�77 Kelley Felchle, City Clerk
Danielle Utsler-Stone
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on 9 , 2021,by Sandra L. Utslter.
n 2 L�_
Not Pub
A40'"t0JON KOI.THOFF
STATE OF IOWA ) * I * My Cohlsalao.77 s
Was
BLACK HAWK COUNTY )
Acknowledged before me on1 (um�2(/'�I�4, 2021,by Angelq,C. Lund.
tart'Public
SPR"`s JODI SHANER
2: _ COMMISSION NO,803165
STATE OF IOWA ) * /OWN MY C M HSI 8 2EEX�I�RES
) ss.
BLACK HAWK COUNTY )
Page 105 of 249
-XjAcknowledged before me on v , 2021, by Danielle Utsler-Stone
Qak-a- a � `i�l�
Nota
DEBRA A.H.JAUOBS
COMMISSION NO.7085M
* MY MM SION PIR�S
STATE OF IOWA
) Ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2021, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
Notary Public
I
Page 106 of 249
INDEX LEGEND SURVEY LOCATED:
PART OF LOT 5 OF BLOCK 60 IN
SURVEYOR & RETURN TO: ANTHONY BAKER'S ADDITION
SETH A. WHITACRE, P.L.S.
MARTIN & WHITACRE PROPERTY OWNER:
SURVEYORS & ENGINEERS, INC. SANDRA L UTSLER &
1508 BIDWELL ROAD DANILLE UTSLER STONE
MUSCATINE, IOWA 52761 Exhibit "A"
PHONE: 563-263-7691 SITE ADDRESS:
181 W 11TH STREET
SERVICE PROVIDED FOR: WATERLOO, IOWA 50702
CITY OF WATERLOO DATE OF SURVEY
316 EAST 5TH STREET 4/07/2021
WATERLOO, IOWA 50703
BASIS OF BEARING:
SURVEY REQUESTED BY: IOWA STATE PLANE COORDINATE
CITY OF WATERLOO SYSTEM - NORTH ZONE (NAD83)
ACQUISITION PLAT
LEGEND OF TEMPORARY EASEMENT BEING CONVEYED ♦�..,
TO THE CITY OF WATERLOO, IOWA
• FOUND, AS NOTED 11TH STREET BRIDGE REPLACEMENT 0
® TEMPORARY EASEMENT
PROPERTY/ROW LINE
- — — — - ORIGINAL LOT LINE 40 O 40
(R) RECORD D I STANCE
0�
ISO,
FOUND Y2"
REBAR
40
FOUND Y2"
S 48045'40" E FOUND 2" PIPE PINCHED PIPE 13.00'
S 40054'2ci" W
N 40054'2G" E 6ci.69' (-70.001)
(9x.75 (70.00')
v0� FOUND Y2"
FOUND Y2" PINGHED PIPE
PIPE
0.02 TOTAL
AGRES
� yC
���N 4ci°02'00" W
v� 13.00'
/ / 6 0
/
0X\ / L 0 GP-
N
�' N H 0 N Y B A K E R
D i T i 0 N
A
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
I hereby certify that this land surveying document was INFO( MARTIN-WHITACRE.COM (563)263-7691
prepared and the related survey work was performed SURVEYOR: SETH A. WHITAGRE
by me or under my direct personal supervision and
that I am a duly licensed Professional Land Surveyor PROPRIETOR(S): SANDRA L UTSLER 8 DANILLE UTSLER STONE
under the laws of the State of Iowa. :. REQUESTOR: GITY OF NATERLOO
O
�'�••• SETH A.••••• � LOCATION: PART OF LOT 5 BLOGK 60 OF ANTHONY
Seth A. Whitacre
WHITACRE BAKER'S ADDITION OF WATERLOO, IOWA
o: :�-C
Date 4/07/21 Reg. No. 18379 p��':• 18379
•.• SURVEY TYPE: TEMPORARY EASEMENT
My license renewal date is December 31, 2022 •••''•• FILE I BOOK I SCALE DRN I CHK'D DATEJOB NO.
IOWN 8380 8380 1"=40' JMS SAW 4/07/21 85x0.20
Pages or sheets covered by this seal: 2 REV. SHEET I OF
O UTSLER.DWG 2
Page 107 of 249
Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
11TH STREET BRIDGE REPLACEMENT
DESCRIPTION - TEMPORARY EASEMENT
THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A PART OF LOT NUMBER FIVE IN BLOCK SIXTY IN ANTHONY BAKER'S ADDITION TO THE CITY OF
WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHWEST 13.00 FEET OF THE SOUTHWEST 70.00 FEET OF SAID LOT FIVE, CONTAINING 0.02
ACRES, MORE OR LESS.
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITAGRE
PROPRIETOR(S): SANDRA L UTSLER 8 DANILLE UTSLER STONE
REQUESTOR: CITY OF NATER-OO
LOCATION: PART OF LOT 5 BLOCK 60 OF ANTHONY
BAKER'S ADDITION OF WATERLOO, IOWA
SURVEY TYPE: TEMPORARY EASEMENT
FILE I BOOK I SCALE DRN I CHK'DDATE JOB NO.
8380 8380 1"=40' JM5 SAW 4/07/21 85x0.20
REV. O UT5LER.DWG SHEET 2 OF 2
Page 108 of 249
CITY OF WATERLOO
Council Communication
Resolution approving a Temporary Construction Easement Agreement with C and S Properties, LC, in the
amount of$198.63, in conjunction with reconstruction of the 11th Street Bridge located at 185-189 West 11th
Street, and authorizing the Mayor and City Clerk to execute said document.
City Council Meeting: 1/3/2022
Prepared: 12/14/2021
ATTACHMENTS:
Description Type
❑ Temporary Easement Agreement Backup Material
❑ Easement Plat Backup Material
Resolution approving a Temporary Construction Easement Agreement with
SUBJECT: C and S Properties, LC, in the amount of$198.63, in conjunction with
reconstruction of the 11th Street Bridge located at 185-189 West 11th Street,
and authorizing the Mayor and City Clerk to execute said document.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Transmitted is a request to enter into a temporary construction easement
agreement with C and S Properties, LC, in the amount of$198.63, in
conjunction with reconstruction of the 11th Street Bridge located at 185-189
Summary Statement: West 11th Street. Attached is a map showing the area of the temporary
construction easement and its dimensions. Replacement of the nearly 70
year old bridge will continue the ongoing efforts to continue to enhance
Downtown Waterloo adding to all the other successes that have occurred
over the years.
Replacement of the 11th Street Bridge will have a great impact on Downtown
Neighborhood Impact: Waterloo and raising the bridge will eliminate the need of flood closures
during times of high water.
Data/Analysis and Strategies:
Expenditure Required/Source of$198.63. Federal Bridge Grant, RISE, GO Bonds and Local Option
Funds:
Page 109 of 249
Prepared by Tim Andera,City of Waterloo,Waterloo,IA 50703. Phone(319)291-4366
TEMPORARY EASEMENT AGREEMENT
i
This Temporary Easement Agreement (the "Agreement") is entered into as of
2021 by and between C and S Properties, LC ("Grantor"), and the City
of Waterloo, Iowa("Grantee").
I. Grant of Temporary Easement. In consideration of the mutual promises
and covenants contained herein, and for other good and valuable consideration in the
amount of$198.63,the receipt and sufficiency of which is hereby acknowledged Grantor
does hereby grant and convey unto Grantee,and Grantee does hereby accept,a temporary
easement for purposes relating to construction of the Improvements (the "Temporary
Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary
Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference j
made a part hereof. The Temporary Easement shall expire upon conclusion of all
construction, cleanup, and demobilization activities upon the Premises and adjacent land,
or January 1, 2024, whichever occurs first.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct the 11th Street Bridge and
utility improvements (the"Improvements"). It is the intention of the parties that Grantee
shall assume all responsibility for the construction of the Improvements adjacent to the
Premises, and that Grantor shall have no liability relating to the Easement or the
Improvements except as may arise from the Grantor's own negligent acts or omissions or
willful misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Temporary Easement Premises to Grantee, "as is, where is", without any representation or
warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary
Easement Premises in any way for Grantee's use. Following transfer of possession of the
Temporary Easement Premises, Grantor shall have no further duty or obligation with
4
respect to same, except as set forth herein. Grantor may mow or care for grasses and
vegetation growing in the Temporary Easement Premises during the period of this
Agreement,but may not conduct other activities upon the Temporary Easement Premises
Y
without the prior written consent of Grantee. Grantor agrees that any activities that
Grantor, its officers, employees, contractors or agents undertake on the Temporary
Easement Premises during the terra hereof shall be at their sole risk, and Grantor hereby
Page 110 of 249
agrees to indemnify Grantee, its officials, officers, employees, contractors and agents,
with respect to any and all claims for injuries, death, property damage, property loss or
otherwise, arising from the acts or omissions of Grantor, its officers, employees,
contractors or agents, on or about the Temporary Easement Premises during the term of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
C AND S PROPS (ES, CITY OF WATERLOO, IOWA
By-,- By:
Quentin M. Hart,Mayor
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA )
) ss-
BLACK
ss.BLACK HAWK COUNTY )
Acknowledged before me on � �,�2} , 2021, by as
DW n(1r' of C and S Properties, LC
ApP%AL, CRYSTAL WISENBACH
z° COMMISSION NO.785374
* * MY COMMISSION EXPIRES
Sawa AUGUST 04,2023 rotW Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2021, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo, Iowa.
Notary Public
Page 111 of 249
INDEX LEGEND SURVEY LOCATED:
LOT 6 IN BLOCK NO. 60 IN ANTHONY
SURVEYOR & RETURN TO: BAKER'S ADDITION, WATERLOO IA
SETH A. WHITACRE, P.L.S.
MARTIN & WHITACRE PROPERTY OWNER:
SURVEYORS & ENGINEERS, INC. C & S PROPERTIES, L.C.
1508 BIDWELL ROAD
MUSCATINE, IOWA 52761 SITE ADDRESS:
PHONE: 563-263-7691 185 W. 11TH ST Exhibit "A"
SERVICE PROVIDED FOR: WATERLOO, IOWA 50702
CITY OF WATERLOO DATE OF SURVEY:
316 EAST 5TH STREET 04-08-21
WATERLOO, IOWA 50703
BASIS OF BEARING:
SURVEY REQUESTED BY: IOWA STATE PLANE COORDINATE
CITY OF WATERLOO SYSTEM - NORTH ZONE (NAD83)
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING
L
LEGEND CONVEYED TO THE CITY OF WATERLOO, IOWA Q
• FOUND, AS NOTED 11TH STREET BRIDGE REPLACEMENT
® TEMPORARY EASEMENT 30 O 30
PROPERTY/RON LINE �=
– — —— – ORIGINAL LOT LINE
FOUND
y2 PIPE
TRAGT B
0.01 AGRE5
41
� h
1<
ten• � �-
S 4a°o311a" E
4.25'
DK
(0 /
O G 6 p
N 4ci003'la" N A N T//H O N Y
�O 4.25' � B X K E S
A /6 D i i O
C /
FOUND p /
GUT "X" "�, /
•6
C'.
FOUND
42 REBAR
fifiT��<
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
I hereby certify that this land surveying document was INFO )MARTIN-WHITACRE.COM (563)263-7691
prepared and the related survey work was performed
by me or under my direct personal supervision and SURVEYOR: SETH A. NHITACRE
that I am a duly licensed Professional Land Surveyor PROPRIETOR(S): G $ S PROPERTIES, L.G.
under the laws of the State of Iowa. REQUESTOR: CITY OF NATERLOO
Seth A. Whitacre ;' SETH A. ;Led LOCATION: LOT 6 IN BLK 60 OF ANTHONY BAKER'S ADD.
o: WHITACRE
18379 IN WATERLOO, BLACKHANK COUNTY, IOWA
Date 4/08/21 Reg. No. 18379 pa.,
My license renewal date is December 31, 2022 •'••. . SURVEY TYPE: TEMPORARY EASEMENT
IOWA FILE I BOOK I SCALk
DRN CH DATE JOB NO.
Pages or sheets covered by this seal: 2 838o 8380 1"=3SAW GWW 4/8/21 85x0.20
REV. 0 ND 5 TRACT BDWG SHEET I OF 2
Page 112 of 249
Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
11TH STREET BRIDGE REPLACEMENT
DESCRIPTION - TEMPORARY EASEMENT
THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
TRACT "B" -
A PART OF LOT NUMBER 6 IN BLOCK 60 IN ANTHONY BAKER'S ADDITION TO THE CITY OF
WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHWEST 4.25 FEET OF THE NORTHEAST 97.37 FEET OF SAID LOT 6, CONTAINING 0.01
ACRES, MORE OR LESS.
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITAGRE
PROPRIETOR(S): G $ 5 PROPERTIES, L.G.
REQUESTOR: CITY OF NATERLOO
LOCATION: LOT 6 IN BLK 60 OF ANTHONY BAKER'S ADD.
IN WATERLOO, BLACKHAWK COUNTY, IOWA
SURVEY TYPE: TEMPORARY EASEMENT
FILE I BOOK I SCALE DRN CH DATE JOB NO.
8380 8380 1"=30' SAW GWW 4/8/21 85x0.20
REV. 0 C AND 5 TRACT BDWG SHEET 2 OF 2
Page 113 of 249
CITY OF WATERLOO
Council Communication
Resolution approving a Temporary Construction Easement Agreement with Howard Allen Investments, Inc., in
the amount of$1,808.61, in conjunction with reconstruction of the Park Avenue Bridge located at the northwest
corner the Park Avenue Bride and the Cedar River, and authorizing the Mayor and City Clerk to execute said
document.
City Council Meeting: 1/3/2022
Prepared: 12/20/2021
ATTACHMENTS:
Description Type
❑ Temporary Easement Agreement Backup Material
❑ Easement Plat Backup Material
Resolution approving a Temporary Construction Easement Agreement with
Howard Allen Investments, Inc., in the amount of$1,808.61, in conjunction
SUBJECT: with reconstruction of the Park Avenue Bridge located at the northwest
corner the Park Avenue Bride and the Cedar River, and authorizing the
Mayor and City Clerk to execute said document.
Submitted by: Submitted By:Noel Anderson. Community Planning and Development
Director
Recommended Action: Approval
Transmitted is a request to enter into a temporary construction easement
agreement with Howard Allen Investments, Inc., in the amount of$1,808.61,
in conjunction with reconstruction of the Park Avenue Bridge located at
Summary Statement: northwest corner the Park Avenue Bride and the Cedar River. Attached is a
map showing the area of the temporary construction easement and its
dimensions. Replacement of the over 80 year old bridge will continue the
ongoing efforts to continue to enhance Downtown Waterloo adding to all the
other successes that have occurred over the years.
Neighborhood Impact: Replacement of the Park Avenue Bridge will have a great impact on
Downtown Waterloo and the current bridge is in need of many repairs.
Data/Analysis and Strategies:
Expenditure Required/Source of$1,808.61. Federal Bridge Grant, RISE, GO Bonds and Local Option
Funds:
Page 114 of 249
I
f
t
i
Prepared by Tun Andera, City of Waterloo,Waterloo,lA 50703. Phone(319)291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
,2022 by and between Howard Allen Investments,Inc. ("Grantor"),and the City
of Waterloo, Iowa("Grantee").
1. Grant of Temporaa Easement. In consideration of the mutual promises and
covenants contained herein, and for other good and valuable consideration in the amount of E
$1,808.61, the receipt and sufficiency of which is hereby acknowledged Grantor does hereby
grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for
purposes relating to construction of the Improvements (the "Temporary Easement") in, to,
upon, over, across, and beneath the real estate (the "Temporary Premises") as set forth on
Exhibit"A" attached hereto and by this reference made a part hereof. The Temporary Easement
shall expire upon conclusion of all construction, cleanup, and demobilization activities upon the
Premises or adjoining the project or at the completion of the project. The Premises and the
Temporary Premises are collectively referred to as the "Easement Premises."
2. Purpose. The Premises is intended for use by Grantee, its employees, contractors
and agents, to reconstruct the Park Avenue Bridge and utility improvements (the
"Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for
the construction of the hnprovements adjacent to the Premises, and that Grantor shall have no
liability relating to the Easement or the Improvements except as may arise from the Grantor's own
negligent acts or omissions or willful misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the Easement
Premises to Grantee, "as is, where is", without any representation or warranty as to the condition
of same. Grantor shall have no duty to prepare the Easement Premises in any way for Grantee's
use. Following transfer of possession of the Easement Premises, Grantor shall have no further
duty or obligation with respect to the Easement Premises, except as set forth herein. Grantor may
mow grasses and vegetation growing in the Premises, but may not conduct other activities upon
the Premises without the prior written consent of Grantee.
j
Page 115 of 249
IN WITNESS WHEREOF,the parties have executed this Easement Agreement by their duly
authorized representatives as of the date first set forth above.
HOWARD ALLEN INVESTMENTS, INC. CITY OF WATERLOO, IOWA
By: By:
"' Quentin M.Hart, Mayor
Title: + -)� ro'mf
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA )
} ss.
BLACK HAWK COUNTY )
Acknowledged before me on IS�'h 2021, by
a as Uc�btf _ of Howard Allen
Investments, inc.
LETITIA S PINES
r COMMISSION NO 805311
z * MY COMMISSION EXPIRES Not Public
* JULY 13,2023
JOWN
I
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2021, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo,Iowa.
Notary Public
i
I
Page 116 of 249
INDEX LEGEND SURVEY LOCATED:
A PART OF LOT 10 OF BLOCK 5 AND PART OF
SURVEYOR & RETURN TO: VACATED WATER STREET BOTH IN THE
SETH A. WHITACRE, P.L.S. ORIGINAL PLAT ON THE EAST SIDE OF THE
MARTIN & WHITACRE CEDAR RIVER,IN THE CITY OF WATERLOO
SURVEYORS & ENGINEERS, INC. PROPERTY OWNER:
1508 BIDWELL ROAD HOWARD L.ALLEN
MUSCATINE, IOWA 52761 INVESTMENTS INC. Exhibit ••A••
PHONE: 563-263-7691
PARCEL ID:
SERVICE PROVIDED FOR: 8913-23-483-003
CITY OF WATERLOO WATERLOO, IOWA 50703
316 EAST 5TH STREET DATE OF SURVEY:
WATERLOO, IOWA 50703 04-22-21
SURVEY REQUESTED BY: BASIS OF BEARING:
CITY OF WATERLOO IOWA STATE PLANE COORDINATE
SYSTEM-NORTH ZONE(NAD83)
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
PARK AVENUE BRIDGE REPLACEMENT
LEGEND
• FOUND, AS NOTED ♦�..r
® TEMPORARY EASEMENT 50 O 50 L
PROPERTY/ROW LINE %-mp I O
- — — — ORIGINAL LOT LINE
FOUND GUT "X" IN
FOUND REBAR GONRETE SIDEWALK
W/ UNREADABLE EASTERNMOST
GAP CORNER OF BLOGK 5
•may. ..
BLQGK 5
/ /ORIGINAL. TOWN
EAST SIDt�,OF
GEDAR RIVERCO
X00
69 0
FOUND REBAR 69
KeUSTED 1C /
YELLOW GAP 14.E / 0'\
0
S 40035'4G" W - 110.01'
FOUND I" PIPE �Q8$91,6�' P.O.B.
W/NA I L
25.08' 0.06 AGRES
TOTAL AREA
14.x'
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
I hereby certify that this land surveying document was INFO@MARTIN-WHITACRE.COM (563)263-7691
prepared and the related survey work was performed SURVEYOR: SETH A. WHITAGRE
by me or under my direct personal supervision and
that I am a duly licensed Professional Land Surveyor PROPRIETOR(S): HOWARD L. ALLEN IN\/ESTMENTS LLG.
under the laws of the State of Iowa. 1 :• D REQUESTOR: CITY OF WATERLOO
O
'''••sem
Seth A. Whitacre •' SETH A. '•� LOCATION: A PART OF LOT 10 BLOCK 5 AND PART OF VACATE
o: WHITACRE :•C WATER STREET BOTH IN THE ORIGINAL PLAT ON THE EAST 51DE
18379 o OF THE CEDAR RIVER, IN THE CITY OF WATERLOO
Date 04/22/21 Reg. No. 18379 a•. •`�' SURVEY TYPE: TEMPORARY EASEMENT
M license renewal date is December 31, 2021 •''•••. .•
My IOWA'•• FILE BOOK SCALE DRN CHK'D DATE JOB NO.
Pages or sheets covered by this seal: 2 8380 1 8380 1"=50' M5 5AW 04/22/21 65ao.20
REV. I ALLEN EA5EMENT.Dk1* SHEET I OF 2
Page 117 of 249
Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
PARK AVENUE BRIDGE REPLACEMENT
TEMPORARY EASEMENT DESCRIPTION - THE EASEMENT GRANTED FOR
CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A PART OF LOT 10 OF BLOCK 5 AND PART OF VACATED WATER STREET BOTH IN THE ORIGINAL
PLAT ON THE EAST SIDE OF THE CEDAR RIVER, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT OF WAY OF PARK AVENUE AND
THE NORTHEASTELRY RIGHT OF WAY OF VACATED WATER STREET; THENCE SOUTH 40°35'49" WEST
34.79 FEET; THENCE NORTH 49°19'43" WEST 25.08 FEET; THENCE NORTH 40°52'12" EAST 110.01
FEET; THENCE SOUTH 4919'43" EAST 24.56 FEET; THENCE SOUTH 40°35'49" WEST 75.22 FEET TO
THE POINT OF BEGINNING; CONTAINING 0.06 ACRES, MORE OR LESS.
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITAGRE
PROPRIETOR(S): HOWARD L. ALLEN INVESTMENTS LLG.
REQUESTOR: CITY OF NATERLOO
LOCATION: PART OF LOT 10 BLOGK 5 OR16INAL TOWN 4
VAGATED WATER STREET EAST OF GEDAR RIVER
SURVEY TYPE: TEMPORARY EASEMENT
FILE I BOOK SCALE DRN CHK'D DATE JOB NO.
8380 8380 111=501 M5 SAW 04/22/21 85x0.20
REV. I ALLEN EASEMENT.DWCG SHEET 2 OF 2
Page 118 of 249
CITY OF WATERLOO
Council Communication
Resolution approving a Temporary Construction Easement Agreement with U.S. Bank National Association,
in the amount of$1,268.47, in conjunction with reconstruction of the Park Avenue Bridge located at the
northwest corner the Park Avenue Bridge and the Cedar River, and authorizing the Mayor and City Clerk to
execute said document.
City Council Meeting: 1/3/2022
Prepared: 12/20/2021
ATTACHMENTS:
Description Type
❑ Temporary Easement Agreement Backup Material
❑ Easement Plat Backup Material
Resolution approving a Temporary Construction Easement Agreement with
U.S. Bank National Association, in the amount of$1,268.47, in conjunction
SUBJECT: with reconstruction of the Park Avenue Bridge located at the northwest
corner the Park Avenue Bridge and the Cedar River, and authorizing the
Mayor and City Clerk to execute said document.
Submitted by: Submitted By:Noel Anderson. Community Planning and Development
Director
Recommended Action: Approval
Transmitted is a request to enter into a temporary construction easement
agreement with U.S. Bank National Association, in the amount of$1,268.47,
in conjunction with reconstruction of the Park Avenue Bridge located at
Summary Statement: northwest corner the Park Avenue Bride and the Cedar River. Attached is a
map showing the area of the temporary construction easement and its
dimensions. Replacement of the over 80 year old bridge will continue the
ongoing efforts to continue to enhance Downtown Waterloo adding to all the
other successes that have occurred over the years.
Neighborhood Impact: Replacement of the Park Avenue Bridge will have a great impact on
Downtown Waterloo and the current bridge is in need of many repairs.
Data/Analysis and Strategies:
Expenditure Required/Source of$1,268.47. Federal Bridge Grant, RISE, GO Bonds and Local Option
Funds:
Page 119 of 249
Prepared by Tim Andera,City of Waterloo,Waterloo,IA 50703. Phone(319)291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
' 2022 by and between U.S. Bank National Association, successor by
merger to Mercantile Bank of Northern Iowa ("Grantor"), and the City of Waterloo, Iowa
("Grantee").
1. Grant of Temporary Easement. In consideration of the mutual promises
and covenants contained herein, and for other good and valuable consideration in the
amount of $1,268.47 the receipt and sufficiency of which is hereby acknowledged
Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a
temporary easement for purposes relating to construction of the Improvements (the
"Temporary Easement") in, to, upon, over, across, and beneath the real estate (the
"Temporary Premises")as set forth on Exhibit"A"attached hereto and by this reference
made a part hereof. The Temporary Easement shall expire upon the earlier of. (i) two (2)
years after the date of this Agreement; or(ii) conclusion of all construction, cleanup, and
demobilization activities upon the Premises (the "Easement Term").
2. Purpose. The Temporary Premises is intended for use by Grantee, its
employees, contractors and agents, to reconstruct the Park Avenue Bridge and utility
improvements (the "Improvements"). It is the intention of the parties that Grantee shall
assume all responsibility for the construction of the Improvements adjacent to the
Temporary Premises, and that Grantor shall have no liability relating to the Temporary
Easement or the Improvements except as may arise from the Grantor's own grossly
negligent acts or omissions or willful misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Temporary Premises to Grantee, "as is, where is", without any representation or warranty
as to the condition of same. Grantor shall have no duty to prepare the Temporary Premises
in any way for Grantee's use. During the Easement Term, Grantor shall have no further
duty or obligation with respect to the Temporary Premises, except as set forth herein.
4. To the extent allowed by law, Grantee, its employees, agents and
contractors hereby indemnify and hold Grantor harmless from and against any injury,
expense, damage, liability or claim incurred by Grantor arising directly or indirectly from
the entry rights granted by Grantor to Grantee under this Agreement or any act or
Page 120 of 249
omission by Grantee, its agents, employees, servants, contractors, or any other person
entering upon the property under express or implied invitation or consent of Grantee.
Grantee further agrees to reimburse Grantor for any costs or expenses, including, but not
limited to, court costs and reasonable attorney's fees, incurred by Grantor with respect to
any such injury, expense, damage, liability or claim.
5. At all times, Grantee, or any vendor entering upon the Temporary
Premises, shall maintain at its own cost and expense, a policy of commercial general
liability insurance, including contractual liability covering its obligations under this
Agreement, with a minimum coverage of $1,000,000 per occurrence and not less than
$2,000,000 annual aggregate as to the Temporary Premises. Grantee shall also carry
automobile liability coverage, and all required worker's compensation insurance. All
liability policies shall also name Grantor as an additional insured. Such insurance shall
be purchased from an insurance company licensed to do business in the state where the
Temporary Premises is located, with an A.M. Best rating of not less than A-X, and shall
be placed with such company and upon such forms as Grantor shall approve.
6. Grantee shall not interfere with Grantor's use and enjoyment of its
property. In light of the fact that Grantor operates a retail facility on its property, Grantee
shall not (i) block or in any way restrict access to or from Grantor's property; (ii)
otherwise cause Grantor's operations on its property to be interfered with or interrupted;
or (iii) store material, equipment, or use the Temporary Premises for a staging area.
Grantee shall restore the Temporary Premises and return it to Grantor is the same or better
condition. All access to the property must be coordinated through the Facility Manager,
Mary Malloy, which contact information is on file with the Grantee.
[signature page follows]
Page 121 of 249
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives as of the date first set forth above.
U.S. BANK NATIONAL ASSOCIATION CITY OF WATERLOO, IOWA
By: By:
Quentin M. Hart,Mayor
Title:
Attest:
Kelley Felchle, City Clerk
STATE OF ) ss.
COUNTY )
Acknowledged before me on 2022, by
as of U.S. Bank National
Association.
Notary Public
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2022, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
Page 122 of 249
EXHIBIT A
[see following two (2)pages]
Page 123 of 249
INDEX LEGEND SURVEY LOCATED:
PART OF LOT 1 IN BLOCK 1 AND PART OF
SURVEYOR & RETURN TO: VACATED CEDAR STREET, ORIGINAL
SETH A. WHITACRE, P.L.S. PLAT, WEST SIDE OF THE CEDAR RIVER
MARTIN & WHITACRE IN THE CITY OF WATERLOO
SURVEYORS & ENGINEERS, INC. PROPERTY OWNER:
1508 BIDWELL ROAD MERCANTILE BANK
MUSCATINE, IOWA 52761
PHONE: 563-263-7691 SITE ADDRESS:
425 CEDAR STREET Exhibit "A"
SERVICE PROVIDED FOR: WATERLOO, IOWA 50703
CITY OF WATERLOO
316 EAST 5TH STREET DATE OF SURVEY:
WATERLOO, IOWA 50703 02-17-21
SURVEY REQUESTED BY: BASIS OF BEARING:
CITY OF WATERLOO IOWA STATE PLANE COORDINATE
SYSTEM- NORTH ZONE(NAD83)
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA L.
LEGEND PARK AVENUE BRIDGE REPLACEMENT O
• FOUND, AS NOTED
® TEMPORARY EASEMENT 40 0 40
PROPERTY/ROW LINE NORTHEAST R.O.W.
— — — — ORI C7 I NAL LOT LINE VACATED
GEDAR
STREET
S 84048'17" E \ S 4a°03'16" E 0'<� //X
ci.52 34.23 v / \
N 05011'43" E \ =RAGTIONAL/
20.00' P.O.B. -11.OGK I /
(TRAGT B)
N 8404817" W
37.30'
TRACT B ', X116,, 2�Q4ciO03'16" E
0.01 TOTAL -g� �', I
ACRES lx
/ \ N 41012'04 E P.O.C.
INTERSECTION OF
/ \\ N 4804756" W PARK AVE.
/ \ 10.50' AND VACATED
CEDAR ST.
N 00 20 51 E
BLOCK I \� B.S�i' 0 \ S 41004'05" W
15.00'
P.O.B.
(TRAGT A)
F ND GUT
11XII R.O.W.
Q INTERS TION
N 4804756" W TRACT A
6.37' 0.03 TOTAL
ACRES
DK
^7 \ S FOUND GUT "X" T
IN GONRETE
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
I hereby certify that this land surveying document was INFO@MARTIN-WHITACRE.COM (563)263-7691
prepared and the related survey work was performed SURVEYOR: SETH A. WHITAGRE
by me or under my direct personal supervision and
that I am a duly licensed Professional Land Surveyor i PROPRIETOR(S): MERCANTILE BANK
under the laws of the State of Iowa. REQUESTOR: CITY OF WATERLOO
Seth A. Whitacre SETH A. • � LOCATION: PART OF LOT I IN BLOCK I AND PART OF
o: WHITACRE VACATED CEDAR STREET, ORIGINAL PLAT, WEST SIDE
Date 04/15/21 Reg. No. 18379 per. 18379 OF THE CEDAR RIVER IN THE CITY OF WATERLOO
•., SURVEY TYPE: TEMPORARY EASEMENT
My license renewal date is December 31, 2022 ••• •••''•• FILE I BOOK I SCALE I DRN CHK'D DATE JOB NO.
IOWA 8380 8380 1"=40' M5 SAW 04/15/21 85x0.20
Pages or sheets covered by this seal: 2 REV. SHEET OF
I MERCANTILE BANK EA5EMENT.DWG I 2
Page 124 of 249
Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
PARK AVENUE BRIDGE REPLACEMENT
DESCRIPTION - TEMPORARY EASEMENT
THE EASEMENTS GRANTED FOR CONSTRUCTION PURPOSES ARE TO LAND DESCRIBED AS FOLLOWS:
TRACT "A" -
A PART OF LOT 1 IN BLOCK 1 AND PART OF VACATED CEDAR STREET, ALL IN THE ORIGINAL PLAT
ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE PRESENTLY ESTABLISHED NORTHWESTERLY RIGHT OF
WAY OF PARK AVENUE AND THE NORTHEASTERLY RIGHT OF WAY OF VACATED CEDAR STREET;
THENCE SOUTH 41004'05" WEST 15.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 41004'05" WEST 129.21 FEET; THENCE NORTH 48°47'56" WEST 6.37 FEET; THENCE
NORTH 41012'04" EAST 105.40 FEET; THENCE NORTH 00°20'51" EAST 8.89 FEET; THENCE NORTH
48047'56" WEST 10.50 FEET; THENCE NORTH 41012'04" EAST 16.98 FEET;
THENCE SOUTH 49003'16" EAST 22.39 FEET TO THE POINT OF BEGINNING; CONTAINING 0.03 ACRES,
MORE OR LESS.
TRACT "B" -
A PART OF VACATED CEDAR STREET, IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR
RIVER IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE PRESENTLY ESTABLISHED NORTHWESTERLY RIGHT OF
WAY OF PARK AVENUE AND THE NORTHEASTERLY RIGHT OF WAY OF VACATED CEDAR STREET;
THENCE SOUTH 41004'05" WEST 15.00 FEET; THENCE NORTH 49003'16" WEST 125.68 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 84048'17" WEST 37.30 FEET; THENCE NORTH 05011'43" EAST
20.00 FEET; THENCE SOUTH 84048'17" EAST 9.52 FEET;
THENCE SOUTH 49003'16" EAST 34.23 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 ACRES,
MORE OR LESS.
SURVEY COMPANY/ RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITACRE
PROPRIETOR(S): MERCANTILE BANK
REQUESTOR: CITY OF NATERLOO
LOCATION: PART OF LOT I IN BLOCK I AND PART OF
VACATED CEDAR STREET, OR16INAL PLAT, WEST 51DE
OF THE CEDAR RIVER IN THE CITY OF WATERLOO
SURVEY TYPE: TEMPORARY EASEMENT
FILE BOOK SCALE DRN CHK'D DATE JOB NO.
8380 8380 1"=40' M5 SAW 04/15/21 85x0.20
REV. I I MERCANTILE BANK EA5EMENT.DW6 SHEET 2 OF 2
Page 125 of 249
CITY OF WATERLOO
Council Communication
Resolution approving an Acquisition Contract with Burk A. Miehe and Julianne D. Miehe, to acquire 0.81
acres of right-of-way and approving a temporary easement agreement for 0.36 acres, in the amount of$11,178,
and up to $1,000 in closing costs, located north of 6216 Hammond Avenue, in conjunction with the Hammond
Avenue Sink Creek Bridge Construction Project, and authorizing the Mayor and City Clerk to execute said
documents.
City Council Meeting: 1/3/2022
Prepared: 12/21/2021
ATTACHMENTS:
Description Type
❑ Signed Purchase Agreement Project Parcel 3 - Miehe Backup Material
❑ Hammond Bridge Project Aerial Backup Material
Resolution approving an Acquisition Contract with Burk A. Miehe and
Julianne D. Miehe, to acquire 0.81 acres of right-of-way and approving a
temporary easement agreement for 0.36 acres, in the amount of$11.178. and
SUBJECT: un to $1,000 in closing costs, located north of 6216 Hammond Avenue, in
conjunction with the Hammond Avenue Sink Creek Bridge Construction
Project, and authorizing the Mayor and City Clerk to execute said
documents.
Submitted by: Submitted By:Aric Schroeder, City Planner
Recommended Action: Approval
The City of Waterloo is preparing to reconstruct the Hammond Avenue
bridge over Sink Creek, which involves the need for approximately
Summary Statement: 5 temporary easements, and 4 fee title acquisitions needed to complete the
project. This transmittal includes 1 fee title acquisition, and 1 temporary
easement. The easement areas will be returned to the state they were in prior
to construction.
Data/Analysis and Strategies: Acquisition for street/bridge reconstruction
Expenditure Required/Source of$11,178.00 and up to $1,000 in closing costs
Funds:
Page 126 of 249
ACQUISITION CONTRACT
Project Parcel No. 3
PROJECT Hammond Avenue Sink Creek Bridge Construction
THIS ACQUISITION CONTRACT(the "Contract") is made and entered into as of
Mo', I S , 2021 by and between Burk A. Miehe and Julianne D. Miehe
("Seller"), and City of Waterloo, Iowa, ("Buyer").
1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or
easement interests (the "Property"), described as: See plats and legal descriptions
attached as Exhibit "A", City of Waterloo, State of Iowa, which includes any buildings,
improvements and other fixtures thereon.
The Property also includes, if applicable, all estates, rights, title and interests, including all
easements,and all advertising devices and the right to erect such devices as are located
thereon.
2. Possession of the Property is the essence of this Contract, and Buyer may enter and
assume full use and enjoyment of the premises per the terms of this Contract. Seller
hereby grants Buyer the immediate right of access and entry to the Property for project
purposes,including but not limited to gathering survey and soil data. Seller may surrender
possession of the Property or any part thereof prior to the time at which it has hereinafter
agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do
so by calling Buyer at (319) 291-4366.
3. The Purchase Price shall be$11,178.00 . Of the Purchase Price,$100.00 is on deposit with
the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of
the Purchase Price shall be due and payable in full at closing,to be delivered to the Seller
upon performance of Seller's obligations and satisfaction of Buyer's contingencies,if any.
If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or
any other reason provided for in this Contract, then the earnest money shall be returned
to Buyer. Any other release of earnest money shall require the written consent of both
parties. In addition to the Purchase Price,if Seller is eligible for relocation expenses then it
shall also receive relocation housing costs.
4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on
or before , as the parties may hereafter agree, but in any event after
the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No
later than the closing date, Seller shall remove from the Property all of its personal
property, trash, and debris of any type that is not a structure or a fixture. Within said
time Seller shall also remove all hazardous materials and/or substances from the
Property on or above the ground surface, including but not limited to barrels, cans, or
bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller
shall be set off against moving costs and/or other expenses that Buyer agrees to
reimburse to Seller under this Contract.
5. Seller warrants that there are no tenants on the Property holding under a lease except:
Page 127 of 249
6. This Contract shall apply to and bind the legal successors in interest of the Seller,and Seller
agrees to pay all encumbrances, claims, liens and assessments against the Property,
including all taxes and special assessments payable until surrender of possession as
required by Section 427.2 of the Code of Iowa,and agrees to warrant merchantable title.
Names and addresses of lienholders are:
(a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract
continuation
7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as
payees on warrants as contract payment. Seller will furnish and deliver to Buyer an
abstract of title continued by Black Hawk County Abstract Company to a date within
thirty (30) days before the closing date, showing merchantable title to the Property in
Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar
Association. Buyer agrees to pay the cost of abstract continuation, or creation, as
necessary. Seller agrees to obtain court approval of this Contract, if requested by the
Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or
guardianship. Seller agrees to pay court approval costs and all other costs necessary to
transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty
deed, free and clear of all liens, restrictions, and encumbrances except as provided in
this Contract.
8. RESERVED
9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not
as tenants in common at the time of this Contract,Buyer will pay any remaining proceeds
to the survivor of that joint tenancy and will accept title solely from that survivor,provided
the joint tenancy has not been destroyed by operation of law or acts of the Seller.
10. Seller agrees to keep property hazard insurance coverage in force in a minimum
amount equal to the Purchase Price,payable to all parties as their interests may appear,
from the date of this Contract until delivery of the deed and possession. Buyershall notify
all insurance companies of this Contract. In case of loss or destruction of part or all of
the Property from causes covered by the insurance, Seller agrees to accept the lump
sum payment and to endorse the proceeds of any such insurance recovery to the Buyer.
Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and
Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract.
11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to
complete its duties of performance under this Contract, Buyer may exercise its power of
eminent domain to acquire the Property,provided that the Property is deemed essential
by the City Council to keep the project moving forward, or Buyer may exercise other
remedies available under applicable law. Buyer agrees to cooperate with Seller, at
Seller's request and at no additional cost to Buyer, to have this transaction qualify as an
involuntary conversion pursuant to§1033 of the Internal Revenue Code.
12. This Contract shall become effective only upon the occurrence of each of the following
two events: (a) acceptance and approval of the Contract by the City Council of the
City of Waterloo, and (b) the environmental clearance of the Property in accordance
with Phase I site assessment and recommended subsequent activities if the Buyer
chooses to perform a Phase I. In supplementation of the Phase I,Seller agrees, no later
than one week after the date of approval of the City Council, to disclose to Buyer all
Page 128 of 249
contamination of the Property by hazardous wastes and/or substances of which Seller
has knowledge.
13. This Contract, together with the exhibits and attachments attached hereto, constitutes
the entire agreement between Buyer and Seller, and there is no agreement to do or not
to do any act or deed except as specifically provided herein. This Contract may be
modified only in a writing signed by both parties. Time is of the essence of this Contract.
WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set
forth above.
Burk A. Miehe
lianne D.Miehe
SELLER'S ACKNOWLEDGMENT:
STATE OF
County: ss:
Acknowledged before me on Nav 1 Si '7-07-1 Burk A.Miehe and Julianne D.Miehe.
DENNIS M. HANSEN
¢ 4 COMMISSION NO.771456 Nota Public
MY Cp I MISSION EXPIRES Notary
APPROVAL RECOMMENDED BY:
City Planning Staff (Date)
APPROVED BY: ATTEST:
(Mayor) (City Clerk)
DATE APPROVED:
BUYER'S ACKNOWLEDGMENT:
STATE OF IOWA, BLACK HAWKCOUNTY, ss:
Acknowledged before me on by Quentin Hart and Kelley Felchle
as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
Notary Public
Page 129 of 249
Prepared by Aric Schroeder City of Waterloo 715 Mulberry Street Waterloo IA 50703—(319)291-4366
TEMPORARY EASEMENT AGREEMENT
For consideration received, the undersigned does hereby grant and convey unto the City of
Waterloo, Iowa, a temporary easement across the following described property in the City of
Waterloo,Black Hawk County, State of Iowa:
See attached Exhibit
in conjunction with improvements related to the Hammond Avenue Sink Creek Bridge
Constructio Project Parcel 3,together with a right of ingress and egress thereon.
Burk A. Miehe J ianne D. Miehe
State of fOL JC� )
-91c,r1t RcAwIC County ) ss.
Acknowledged before me on oO O S, ,aO'a Burk A. Miehe and Julianne D. Miehe.
[Seal] 46tary Public
DENNIS M. HANSEN
COMMISSION NO.771456
MYCOMMISSI NEXPIRn
,owe 1—
Page 130 of 249
N
INDEX LEGEND `0
d
General Description:Part of the NE 1/4 of Sec. 22—TBBN—R13W,Waterloo of
Surveyor. David L Schell ($16775)
Surveying Company:Wayne Claossen Engineering &Surveying, Inc.
2705 University Avenue (P.O. Box 898) a
Waterloo, Iowa 60704 U
(319)235-6294 0
Survey Requested By:Waterloo Water Works Ir_
Proprietor. Burk A. Miehe&Julianne D. Miehe
ACQUISITION PLAT
Hammond Avenue Right—of—Way Acquisition SHEET 1 OF 2
FL�EGALSCRIPTION
Hammond Avenue Right—of—Way Acquisition
That part of Tract A", Hawkeye Heights Subdivision, which is also part of the Northeast Quarter (NE 1/4) of Section
Twenty—two (22), Township Eighty—eight North (1`88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo,
Black Hawk County, Iowa, described as follows:
Commencing at the Northeast comer of aforesaid Northeast Quarter (NE 1/4); thence S00'09'37E Six Hundred Fourteen
and Twenty—elght Hundredths (614.28) feet along the East line of said Northeast Quarter (NE 1/4); thence S88'52'53"W
Thirty—three (33.00) feet to the Northeast corner of Parcel A", Document No. 2017-15794 in the Black Hawk County
Recorders Office and to the point of beginning; thence S00'08'50"E Five Hundred Nine and Fifty—nine Hundredths (509.59)
feet along said East line of said Parcel A", to the Southeast comer of aforesaid Tract A"; thence 58856'40"W
Twenty—seven and Forty—eight Hundredths (27.48) feet along the South line of said Tract A"; thence N17'16'08"W Two
Hundred Twenty—one and Four Hundredths (221.04) feet. thence N0513'52"E One Hundred Sixty—eight and Ninety—six
Hundredths (168.96) feet, thence N09'13'52"E One Hundred Thirty—one and Thirty—nine Hundredths (131.39) feet to North
line of aforesaid Parcel A"; thence N88'52'53E Fifty—five and Thirty—one Hundredths (55.31) feet along said North line to
the point of beginning containing 0.81 Acres.
LEGAL DESCRIPTION
Temporary Construction Easement
An Easement for temporary construction purposes over, under and across that part of Tract A", Hawkeye Heights
Subdivision, which is also part of the Northeast Quarter (NE 1/4) of Section Twenty—two (22), Township Eighty—eight North
(T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Northeast comer of aforesaid Northeast Quarter (NE 1/4); thence S00'09'37E Six Hundred Fourteen
and Twenty—eight Hundredths (614.28) feet along the East line of said Northeast Quarter (NE 1/4); thence SBB'52'53"W
Thirty—three (33.00) feet to the Northeast comer of Parcel A", Document No. 2017-15794 in the Black Hawk County n
Recorders Office; thence S00'08'50"E Five Hundred Nine and Fifty—nine Hundredths (509.59) feet along said East line of m
sold Parcel "A" to the Southeast comer of aforesaid Tract A"; thence S88'56'40"W Twenty—seven and Forty—eight m
Hundredths (27.48) feet along the South line of said Tract A" to the point of beginning; thence N17'16'08'W Two Hundred
Twenty—one and Four Hundredths (221.04) feet; thence N05'13'52"E One Hundred Sixty—eight and Ninety—six Hundredths m
(168.96) feet; thence N09'13'52"E One Hundred Thirty—one and Thirty—nine Hundredths (131.39) feet to North line of zz
aforesold Parcel A"; thence S88'52'53"W Thirty and Fifty Hundredths (30.50) feet along said North line; thence S09'13'52"W
One Hundred Twenty—six and and Ninety—six Hundredths (126.96) feet; thence S05'13'52W One Hundred Seventy—five and
Ninety—seven Hundredths (175.97) feet; thence S17'16'08"E Two Hundred Eighteen and Twenty,eight Hundredths (218.28)
feet to the South line of aforesaid Tract 'A7, thence NBB'56'40"E Thirty—one and Twenty—four Hundredths (31.24) feet along
said South line to the point of beginning containing 0.36 Acres. c
i
NOTES;
1. The basis of bearings for this Plat of Survey is the East
line of the NE 1/4 assigned a bearing of SOD'09'37"E as
per Iowa State Plane Coordinate System, North Zone, 2011
ad] stment.
CERTIFICATION
I hereby certify that this land surveying document was prepared and the related
C survey work was performed by me or under my direct personal supervision and
that I am a duly licensed Land Surveyor under the laws of the State of Iowa.
E Signature
David L Schell,P.L.S.
Date,— ,20 License No 16775
Pages or Sheets Covered by this Sea), 2
My license renewal date Is December 31,2020
FIELD BOOK 746-01
Page 131 of 249
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
ACQUISITION PLAT SHEET 2 OF 2
Part of the NE 1/4 of Sec. 22-T88N-R13W,
Waterloo, Black Hawk County, Iowa
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CITY OF WATERLOO
Council Communication
Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in an
amount not to exceed $20,000, in conjunction with engineering services for the Wastewater Treatment Plant and
Collection Systems Operations Project, and authorizing the Mayor to execute said document.
City Council Meeting: 1/3/2022
Prepared: 12/20/2021
ATTACHMENTS:
Description Type
❑ Memo to Mayor and Council Backup Material
❑ Strand Associates Professional Service Agreement Backup Material
Resolution approving a Professional Services Agreement with Strand
Associates of Madison, Wisconsin, in an amount not to exceed $20,000, in
SUBJECT: conjunction with engineering services for the Wastewater Treatment Plant
and Collection Systems Operations Project, and authorizing the Mayor
execute said document.
Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor
Recommended Action: Approve agreement
Expenditure Required/Source of$20,000.00 Sewer Funds
Funds:
Page 134 of 249
CITY OF WATERLOO, IOWA
WASTE MANAGEMENT SERVICES DEPARTMENT
3505 Easton Ave. •Waterloo, IA 50702 • (319) 291-4553
•
• • Brian Bowman, Operations Supervisor
December 20, 2021
Memo to Waterloo Mayor and City Council:
RE: Agreement for General Services 2022 Wastewater Treatment Plant and Collection System
Operations Consulting.
Background Discussion:
This agreement will provide general engineering support services relating to
Assistance/Operational issues and Wastewater collection infrastructure. Strand and Associates
will assist in interpreting Operational and related data and consult on wastewater strategy with
staff so that National Pollutant Discharge Elimination System, (NPDES), permit compliance can
be achieved.
Services will begin upon execution of the Agreement and are scheduled for completion on
December 31, 2022.
Recommended Action:
It is recommended that the City Council approve the agreement with Strand and Associates in
the amount of$20,000.
Page 135 of 249
,$jllSTRAND
a mV ASSOCIATES'
Strand Associates, Inc.'
910 West Wingra Drive
`�° Madison, WI 53715
EXCELLENCE PW ENGINEERING (P)608.251.4843
December 14, 2021
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Attention: Mr. Brian Bowman. Treatment Operations Supervisor
Re: Agreement for General Services
2022 Wastewater Treatment Plant and Collection System Operations Consulting
This is an Agreement between the City of Waterloo, Iowa. hereinafter referred to as OWNER.and Strand
Associates, Inc.', hereinafter referred to as ENGINEER, to provide engineering services (Services) for
the Wastewater Treatment Plant (WWTP) and Collection Systems Operations project. This Agreement
shall be in accordance with the following elements.
Scope of Services
ENGINEER will provide on-call general engineering support services to OWNER as directed and
authorized by OWNER's Representative in writing including responding to OWNER's questions,
reviewing OWNER-provided operational and related data, consulting with OWNER regarding WWTP
and collections system operations,and consulting with OWNER on related wastewater infrastructure and
operational issues. OWNER may request that ENGINEER establish a scope and fee for specific services
for review and approval prior to starting services or may direct ENGINEER in writing to proceed with
defined services without preset limits.
Authorization and Commitment
OWNER's Representative shall authorize services requested under Scope of Services. ENGINF.E*R
agrees to provide requested services upon receipt of authorization from OWNER via e-mail or letter prior
to starting the requested services.
Service Elements Not Included
The following services are not included in this Agreement. If such services are required, they will be
provided as noted.
1. Archaeological or Botanical Investigation : ENGINEER will assist OWNER in engaging the
services of all archaeologist or botanist. if required, to perform the field investigations necessan
for agency review through a separate agreement with OWNER.
2. Bidding- and Construction-Related Services: Bidding- and construction-related services for the
project will require a separate agreement with OWNER.
3. Drawin s and S eeifications: Final design services including drawings and specifications, if
provided by ENGINEER, will be provided through an amendment to this Agreement or through
a separate agreement with OWNER.
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Page 136 of 249
Strand Associates, Inc:
City of Waterloo
Page 2
December 14, 2021
4. Flood Studies: Anv services involved in performing flood and noodway studies, if required. %%ill be
provided through an amendment to this Agreement or through a separate agreement %N ith OWNER.
5. Geotechnical Engineering: Geotechnical engineering information will be required and provided
through OWNER and OWNER's geotechnical consultant. ENGINEER will assist OWNER with
defining initial scope of geotechnical information that is required to allow OWNER to procure
geotechnical engineering services.
6. Land and Easement Surveys/Procurement: Any services of this type including, but not limited
to, a record search, field work. preparation of legal descriptions, or assistance to OWNER for
securing land rights necessary for siting sanitary seNrer_ tanks, and appurtenances will be
provided through a separate agreement with OWNER.
7. Preparation for and/or Appearance in Litigation on Behalf of OWNER: This type of service by
ENGINEER will be provided through a separate agreement with OWNER.
8. Services Related to Buried Wastes and Contamination: Should buried solid, liquid,or potentially
hazardous wastes or subsurface or soil contamination be uncovered at the site, follow-up
investigations may be required to identify the nature and extent of such wastes or subsurface soil
or groundwater contamination and to determine appropriate methods for managing of such
wastes or contamination and for follow-up monitoring. Investigation, design, or
construction-related services related to buried solid, liquid. or potentially hazardous wastes or
soil or groundwater contamination will be provided through a separate agreement with OWNER.
Compensation
OWNER shall compensate ENGINEER for Services on an hourly rate basis plus expenses an estimated
fee of$20,000. ENGINEER will provide requested services up to the estimated fee. An amendment will
be required if the requested services exceed the estimated fee.
Expenses incurred such as those for travel. meals, printing, postage, copies, computer. electronic
communication, and long distance telephone calls will be billed at actual cost plus ten percent.
Onlv sales taxes or other taxes on Set-vices that are in effect at the time this Agreement is executed are
included in the Compensation. If'the tax la«s are subsequently changed by legislation during the life of
this Agreement, this Agreement will be adjusted to reflect the net change.
The estimated fee for the Services is based on wage scale/hourly billing rates,adjusted annually on July I,
that anticipates the Services will be completed as indicated. Should the completion time be extended, it
may be cause for an adjustment in the estimated fee that reflects any wage scale adjustments made.
The estimated fee will not be exceeded without prior notice to and agreement by OWNER but stay be
adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. Any
adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays.
extensions, amendments. or changes.
Schedule
Services will begin upon execution of this Agreement, which is anticipated the week of January 3, 2022.
Services are scheduled for completion on December 31, 2023.
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Page 137 of 249
Strand Associates. Inc.-
City
ncaCity of Waterloo
Page 3
December 14. 20;.1
Standard of Care
The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will
be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar
circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or
implied, under this Agreement or otherwise, in connection with ENGINEER's Services.
OWNER's Responsibilities
1. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
this project including previous reports, previous drawings and specifications, and any other data
relative to the scope of this project.
2. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this
Agreement, data prepared by or services of others obtained or prepared by OWNER relative to
the scope of this project. such as soil borings, probings and subsurface explorations, and
laboratory tests and inspections of samples, all of which ENGINEER [nay rely upon in
performing Services under this Agreement.
3. Provide access to the site as required for ENGINEER to perform Services under this Agreement.
4. Guarantee access to and make all provisions for ENGINEER to enter upon public and private
lands as required for ENGINEER to perform Services under this Agreement.
5. Examine all reports, sketches, estimates, special provisions, drawings, and other documents
presented by ENGINEER and render, in writing,decisions pertaining thereto within a reasonable
time so as not to delay the performance of ENGINEER.
6. Provide all legal services as may be required for the development of this project.
7. Pay all permit and plan review fees payable to regulatory agencies.
Opinion of Probable Cost
Any opinions of probable cost prepared by ENGINEER are supplied for general guidance of OWNER
only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee
the accuracy of such opinions as compared to contract bids or actual costs to OWNER.
Observation Services
In furnishing observation services, ENGINEER`s efforts will be directed toward determining for
OWNER that the completed project will, in general, conform to the Contract Documents; but
ENGINEER will not supervise, direct, or have control over the contractor's work and will not be
responsible for the contractor's construction means, methods, techniques. sequences, procedures, or
health and safety precautions or programs,or for the contractor's failure to perform the construction work
in accordance with the Contract Documents.
Payment Requests
ENGINEER's review of Payment Requests from contractor(s) will not impose responsibility to detennine
that title to any of the work has passed to OWNER free and clear of any liens,claims,or other encumbrances.
Any such service by ENGINEER will be provided through an amendment to this Agreement.
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Page 138 of 249
Strand Associates, Inc.-
City
nc.City of Waterloo
Page 4
December 14, 2021
Changes
I. OWNER may make changes within the general scope of this Agreement in the Services to be
performed. If such changes cause an increase or decrease in ENGINEER's cost or time required
for performance of any Services under this Agreement, an equitable adjustment will be made
and this Agreement will be modified in writing accordingly.
2. No services for which additional compensation will be charged by ENGINEER will be furnished
without the written authorization of OWNER. The fee established herein will not be exceeded
without agreement by OWNER but may be adjusted for time delays, time extensions,
amendments, or changes in the Scope of Services.
3. If there is a modification of Iowa Department of Natural Resources requirements relating to the
Services to be performed under this Agreement subsequent to the date of execution of this
Agreement, the increased or decreased cost of'performance of the Services provided for in this
Agreement will be reflected in an appropriate modification of this Agreement.
Extension of Services
This Agreement may be extended for additional Services upon OWNER's authorization. Extension of
Services will be provided for a lump sum or an hourly rate plus expenses.
Payment
OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month
based upon month]), invoices. Nonpayment 30 days after the date of receipt of invoice may, at
ENGINEER's option,result in assessment of a 1 percent per month carrying charge on the unpaid balance.
Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, result ill
suspension of Services upon five calendar days' notice to OWNER. ENGINEER will have no liability
to OWNER,and OWNER agrees to make no claim for any delay or damage as a result of such suspension
caused by any breach of this Agreement by OWNER. Upon receipt of payment in full of all outstanding
sums due from OWNER, or curing of such other breach which caused ENGINEER to suspend Services.
ENGINEER will resume Services and there will be an equitable adjustment to the remaining project
schedule and compensation as a result of the suspension.
Data Provided by Others
ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the
acquisition or development of any such data where such data is provided by or through OWNER.
contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data.
Such data includes, but is not limited to, soil borings, groundwater data,chemical analyses. geotechnical
testing, reports,calculations, designs, drawings, specifications, record drawings, contractor's marked-up
drawings,and topographical surveys.
Termination
This Agreement may be terminated with cause in whole or in part in writing by either party subject to a
two-week notice and the right of the party being terminated to meet and discuss the termination befbre
the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the
date of termination.
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Page 139 of 249
Strand Associates, Inc:
City of Waterloo
Page 5
December ]d. 2021
Third-Party Beneficiaries
Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor
of a third party against either OWNER or ENGINEER. ENGINEER's Services under this Agreement are
being performed solely for OWNER's benefit, and no other party or entity shall have any claim against
ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder.
OWNER and ENGINEER agree to require a similar provision in all contracts with contractors.
subcontractors, subconsultants, vendors,and other entities involved in this project to carry out the intent
of this provision.
Dispute Resolution
Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes. and other
matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the
breach thereof will be decided first by mediation, if the parties mutually agree. or with a bench trial in a
court of competent jurisdiction within the State of Iowa.
Terms and Conditions
The terms and conditions of this Agreement will apply to the Services defined in the Scope of Services.
OWNER-supplied purchase order is for processing payment only. terms and conditions on the purchase
order shall not apply to these Services.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement.
ENGINEER: OWNER:
STRAND ASSOCIATES. INC. ` CITY OF WATERLOO
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ate Secretary Mayor
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Page 140 of 249
CITY OF WATERLOO
Council Communication
Resolution approving a request by the City of Waterloo for the Final Plat of Borwig Addition, a 6-lot
residential subdivision located south of 203 Fairfield Street.
City Council Meeting: 1/3/2022
Prepared: 12/21/2021
ATTACHMENTS:
Description Type
❑ City Council Packet Backup Material
Resolution approving a request by the City of Waterloo for the Final Plat of
SUBJECT: Borwig Addition, a 6-lot residential subdivision located south of 203
Fairfield Street.
Submitted by: Submitted By:Noel Anderson, Community Planning and Development
Director
The Planning and Zoning Commission unanimously recommended approval
of the Final Plat request at their regular meeting on October 12, 2021.
Therefore, staff recommends that the final plat for the Borwig Addition be
Recommended Action: approved for the following reasons:
1. The plat should have a positive 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 additional infill development lots.
The applicant is requesting to subdivide for the development of 6 residential
lots,just south of 203 Fairfield Street.
The request for a final plat would not appear to have a negative impact upon
the surrounding area. It would appear that the proposed residential uses
would blend well with the surrounding neighborhood which consists of single
family homes.
The area in question is zoned"R-2" One and Two Family Residence
District and has been zoned as such since the adoption of Zoning Ordinance
No. 2479 in 1969. The development in question is comprised of two lots that
have numerous trees.
Surrounding land uses and their zoning designations are as follows:
North— Single Family Homes, zoned "R-2, One and Two Family
Residence District.
South— Single Family Homes and school ground, zoned "R-2, One and
Two Family Residence District and "A-1"Agricultural District.
East— Single Family Homes, zoned "R-2, One and Two Family Residence
Page 141 of 249
Summary Statement: District.
West— Single Family Homes and Cedar River Park Ground, zoned "R-2,
One and Two Family Residence District and "A-1"Agricultural District.
The final plat is consistent with the Future Land Use Map which designates
this area as Low Density Residential. The project also supports Land Use
Goal Number 4, in which the community should work to offer a variety of
housing opportunities to residents, and is a good infill housing project.
The applicant is requesting to develop six lots along a proposed cul-de-sac
south of where Fairfield Street currently dead-ends. The size of the lots
range in size from 11,192 SF to 19,651 SF, with an average lot size of 15,506
SF. Each property shows a 10' utility easement in the front yard.
The final plat contains legal description, property and building line
dimensions, date, adjoining subdivisions, easements, right-of-way widths,
and proper land sequence.
A deed of dedication, engineer's certificate of survey, contract, and petition
and waiver bonds have been submitted.The submitted final plat appears to
meet the guidelines as put forth by the Subdivision Ordinance.
The final plat request would not appear to have an impact on drainage in the
area. The final plat denotes approximately a 1,400 square feet drainage
easement and storm water management area along the southern boundary of
the proposed development. There is a storm water management area along the
north side of lot 6. There are also 10'utility and drainage easements along the
northern, eastern, western, and southern boundaries of the development. There
are also 5' drainage &utility easements along each lot property line.
Neighborhood Impact:
No portion of the property is located within a floodplain as indicated by the
Federal Insurance Administration's Flood Insurance Rate Map, Community
Number 190025 0188F, dated July 18, 2011. The property is Zone X
protected by levee.
There is also a 8" sanitary sewer main, 6"water main, and 18" storm sewer
underneath Fairfield Street that can be extended to the development.
Data/Analysis and Strategies: Subdivision Ordinance
Expenditure Required/Source of None
Funds:
Borwig Addition, being a replat of portions of Lots F and G, Cedar Dale,
City of Waterloo, Black Hawk County, State of Iowa, and being more
particularly described as follows:
Beginning at the northwest corner of Lot F, Cedar Dale;thence North
88°20'00" East 156.76 feet along the north line of said Lot F to the east line
of the west half of the west half of Lot F;thence South 00°22'21" East
330.08 feet along said east line to the south line of the north 330 feet of said
west half of the west half of Lot F;thence South 88°20'00"West 156.79 feet
Legal Descriptions: along the south line of the said north 330 feet of the west half of the west half
Page 142 of 249
of Lot F to the west line of said Lot F; thence North 85'14'30"West 178.72
feet to the west line of the east 178 feet of Lot G; thence North 00'24'15"
West 310.08 feet along the said west line of the east 178 feet of Lot G to the
north line of Lot G; thence North 88°20'00"East 178.25 feet along said
north line of Lot G to the point of beginning, containing 2.50 acres.
The parcel described being comprised of parcels previously described in file
numbers 2020-17233 and 2021-7218 in the records of the Black Hawk
County Recorder's Office.
Page 143 of 249
January 3,2022
REQUEST: Request by the City of Waterloo on behalf of Tom Borwig for the
final plat of Borwig Addition, a 6-lot residential subdivision located
south of 203 Fairfield Street.
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APPLICANT- City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703
GENERAL The applicant is requesting to subdivide for the development of 6
DESCRIPTION: residential lots, just south of 203 Fairfield Street.
Borwig Addition-Final PSDB 1 4t1 of 249
January 3,2022
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IMPACT ON The request for a final plat would not appear to have a negative
NEIGHBORHOOD & impact upon the surrounding area. It would appear that the
SURROUNDING proposed residential uses would blend well with the surrounding
LAND USE: neighborhood which consists of single family homes.
Borwig Addition-Final 2 Pdg@f 4V5 of 249
January 3,2022
i.
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Picture 1: Looking north from Fairfield Street.
VEHICULAR & The proposed final plat would not appear to have a negative
PEDESTRIAN impact upon on the surrounding traffic conditions in the area. The
TRAFFIC proposed development would be served by Cedar Bend Street,
CONDITIONS: Virginia Street, and Fairfield Street, which are classified as local
streets. There are no sidewalks in the immediate vicinity, but
sidewalks are being shown on the proposed lots.
RELATIONSHIP TO The Cedar Valley Lakes Trail runs along the south side of Cedar
RECREATIONAL Bend Street.
TRAIL PLAN:
ZONING HISTORY The area in question is zoned "R-2" One and Two Family
FOR SITE AND Residence District and has been zoned as such since the adoption
IMMEDIATE VICINITY: of Zoning Ordinance No. 2479 in 1969. The development in
question is comprised of two lots that have numerous trees.
Surrounding land uses and their zoning designations are as
follows:
North — Single Family Homes, zoned "R-2, One and Two Family
Residence District.
South — Single Family Homes and school ground, zoned "R-2,
One and Two Family Residence District and "A-1"Agricultural
District.
East — Single Family Homes, zoned "R-2, One and Two Family
Residence District.
West — Single Family Homes and Cedar River Park Ground, zoned
"R-2, One and Two Family Residence District and "A-1"Agricultural
Borwig Addition-Final 3 Pdcgif 14V of 249
January 3,2022
District.
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DEVELOPMENT The surrounding area consists predominately of single family
HISTORY: homes, with development occurring from the 1910s — 1950s.
Borwig Addition-Final 4 Pdcg@f 147 of 249
January 3,2022
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Picture 2: 203 Fairfield Street
BUFFERS/ No buffers would be required as a part of this plat request.
SCREENING
REQUIRED:
DRAINAGE: The final plat request would not appear to have an impact on
drainage in the area. The final plat denotes approximately a 1 ,400
square feet drainage easement and storm water management
area along the southern boundary of the proposed development.
There is a storm water management area along the north side of
lot 6. There are also 10' utility and drainage easements along the
northern, eastern, western, and southern boundaries of the
development. There are also 5' drainage & utility easements along
each lot property line.
FLOODPLAIN: No portion of the property is located within a floodplain as indicated
by the Federal Insurance Administration's Flood Insurance Rate
Map, Community Number 190025 0188F, dated July 18, 2011. The
property is Zone X protected by levee.
PUBLIC /OPEN Lincoln Elementary School is located approximately 450 feet to the
SPACES/ SCHOOLS: southeast, George Washington Carver Academy is located 1.25
miles to the east, and East High is approximately 2 miles to the
southeast of the final plat area. Cedar Bend Park is located 600
feet south of the final plat area.
UTILITIES: WATER, There is also an 8" sanitary sewer main, 6" water main, and 18"
SANITARY SEWER, storm sewer underneath Fairfield Street that can be extended to
STORM SEWER, ETC the development.
Borwig Addition-Final 5 Pdg@f IV81 of 249
January 3,2022
RELATIONSHIP TO The final plat is consistent with the Future Land Use Map which
COMPREHENSIVE designates this area as Low Density Residential. The project also
LAND USE PLAN: supports Land Use Goal Number 4, in which the community should
work to offer a variety of housing opportunities to residents, and is
a good infill housing project.
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STAFF ANALYSIS —
ZONING The applicant is requesting to develop six homes along a
ORDINANCE: proposed cul-de-sac south of where Fairfield Street currently
dead-ends. The size of the lots range in size from 11,192 SF to
19,651 SF, with an average lot size of 15,506 SF. Each property
shows a 10' utility easement in the front yard.
Borwig Addition-Final 6 Pdcg@f 141 of 249
January 3,2022
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Picture 3: Looking south from Fairfield Street
The final plat contains legal description, property and building line
dimensions, date, adjoining subdivisions, easements, right-of-way
widths, and proper land sequence.
The Planning and Zoning Commission unanimously approved the
final plat request at their regular meeting on October 12, 2021 .
STAFF ANALYSIS — The submitted final plat appears to meet the guidelines as put forth
SUBDIVISION by the subdivision ordinance. The deed of dedication, certificate of
ORDINANCE: survey, contact, and petition and waiver have been submitted.
Borwig Addition-Final 7 Pdg@f 15V of 249
January 3,2022
F
Picture 4: Looking southeast from Fairfield Street.
STAFF Therefore, staff recommends that the final plat for the Borwig
RECOMMENDATION: Addition be approved for the following reasons:
1. The plat should have a positive 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 additional infill development lots.
Borwig Addition-Final 8 Pdcglf 15f of 249
City of Waterloo City Council
January 3, 2022
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Page 152 of 249
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Page 153 of 249
(198.53') (283.8')
(198.53') (198.55')
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� ���� �� OPEN PIPE ���156.76'(156.75') - � \ N 88°18'14"E OPEN PIPE 60' (60.23')
coo N 00°34'50"W / �' �' �� \ 396.98'(397.26')
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198.27'(198.63') BAR _ 198.79'(198.63') - /i7 -_____- OPEN PIPE 59.83'(60') �� �i� N 88°20'00"5'
_ N 88°20'00"E 313.61'(313.5')
___ _ � 180.51' 156.85'(156.75')
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OPEN PIPE 302.55'(302.48') EASEMENT 1 -+- N 07°22'29 W N LOT F LOT F, 1.63 FT STRIP RESERVED °°
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CURVE DATA TABLE 13,485 SF / O N N
CURVE ARC CENTRAL CHORD CHORD DRAINAGE10' UTILITY& 0.31 AC \ d'Q I � N �/ r
NO. RADIUS LENTH ANGLE LENGTH BEARING EASEMENT / 'rso EAST LINE
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C1 60.00 56.00 36°31'24" 53.99 S 27°08'33" E ���� LOT 3 ��'0, J J
C2 60.00 50.15 47°53'35" 48.71 S 77°49'39" E I o Ln
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C3 60.00 50.15 47°53 36 48.70 N 54 17 03 E EAST 178WEST LINE FT OT G °0° 17 143 SF m 0.45 AC I Set 5/8" x 24" Rebar w/Blue w ^ r
C4 60.00 54.75 52 17 07 52.87 N 4 11 59 E `�
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C5 60.00 63.10 60°15'36" 60.24 N 52°04'23" W
C6 10.00 14.28 81°47'56" 13.09 N 41°18'13" W I ® Cut "X" in concrete, found or set V ...
S 85°14'30" 58.5' S 34°08'26"E I
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N 4s°35'36"E _ \ 123.45' Field Measurement
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FD 1"PINCHED PIPE 2.12'NORTH --- 180.25' POC Point of Commencement O
OF SET CORNER AND ON LINE. 45.5' �85°14'30"E 57.5' STORM WATER -
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N 85°14'30" W (178.72') -` LOT F,
S 88°20'00" W O
156.79' (156.75') CEDAR DALE 1 . The Bearings shown on this survey are derived from GPS
FD1"PIPE W/90°BEND AT TOP observations using the Iowa State Plane Coordinate System,
9.54'NORTH OF SET CORNER,
USED FOR ALIGNMENT. w North Zone, NAD 83 (2011 ). 0
EAST LINE
LOT G,CEDAR DALE WEST 1/2 OF THE 2. All dimensions are in US Survey feet and decimals thereof.
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WEST 1/2 U) 3. Tract "A" to be dedicated to the City of Waterloo, Iowa, for street. J a
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A Lq EAST 178 FT LOT F 4. See Deed of Dedication for convenants and restrictions. w/
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Q CEDAR DALE FENCE FOOTING. Owner: Developer: Engineer / Surveyor:
N60 190(60')E
.A City of Waterloo Todd Borwig William W. Castle, PLS, PE
C'F c/o Noel Anderson, Economic 511 Cutler Street City of Waterloo Engr. Dept.
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10I� Development Dir r Waterloo, Iowa 50703 715 Mulberry Street
0 20 40 80 'Ao I ecto
7.V, �;� 715 Mulberry Street, Phone: (319) 830-0308 Waterloo, Iowa 50703 030co
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N M Waterloo, Iowa 50703 Phone (319) 291-4312
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Scale: 1 inch = 40 feet '9 NE
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FINAL PLAT -co
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OPEN N N N N
I hereby certify that this surveying document was >=
PIPEz N
N 89°37'57"E z prepared and the related survey work was performed
N
177.87'(178') by me or under my direct personal supervision and
BORWIG ADDITION that I am a duly licensed Land Surveyor under the
ty ftj�LfjMINARY w
A REPLAT OF PORTIONS OF LOTS F & G, , )7b William W. Castle, PLS Date
CEDAR DALE, WATERLOO, IOWA s License Number 19715
My License Renewal Date is December 31, 2021. N
Borwig Addition, being a replat of portions of Lots F and G, Cedar Dale, City of Waterloo, Black Hawk Pages or sheets covered by this seal : w
County, State of Iowa, and being more particularly described as follows: N
Beginning at the northwest corner of Lot F, Cedar Dale; thence North 88°20'00" East 156.76 feet Q o
FD 1" FD 3/4"PIPE FD 1-1/2" �
along the north line Of said Lot F to the east line Of the west half of the west half Of Lot F; thence OPEN FD 1" FD 1" FD CORRODED S 89°45'30"W Q
o i n PIPE OPEN OPEN IN GRAVEL S 89°12'42"W 1/2"PIPE OPEN PIPE
South 00 22 21 East 330.08 feet along said east line to the south line Of the north 330 feet of said S 89°25'10"W PIPE S 89°2052 W PIPE S 89°2052 W DRIVEWAY 156.32'(156.75') 314.05'(313.50') 77.76'
west half of the west half of Lot F; thence South 88°20'00" West 156.79 feet along the south line of 49.94'
96.95'(96.75') 60.19'(60')
46
the said north 330 feet of the west half of the west half of Lot F to the west line of said Lot F; thence
North 85°14'30" West 178.72 feet to the west line of the east 178 feet of Lot G; thence North WALKER STREET
00°24'15" West 310.08 feet along the said west line of the east 178 feet of Lot G to the north line of
Lot G; thence North 88°20'00" East 178.25 feet along said north line of Lot G to the point of
beginning, containing 2.50 acres. 60'ROW w 4-
LU p
The parcel described being comprised of parcels previously described in file numbers 2020-17233
and 2021-7218 in the records of the Black Hawk County Recorder's Office.
Page 154 of 249 11
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8"Aft in Lan allow lays
PLEASE NOTE 325 Sycamore Street
THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED P o BOX 27
FOR THE ACCURACY OF THE DATA DELINEATED HEREIN,EITHER
EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATERLOO=;[1112WORKS Waterloo Iowa 50704
WATER WORKS OR THEIR EMPLOYEES.BLACK HAWK COUNTY AND THE - —
WATERLOO WATER WORKS MAKES NO WARRANTY,EXPRESSED OR - Ph 319-232-6280 Fax 319-232-1962
IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS 12
MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. r a e 155 of 249
--1k I "' �1r Imo? '+ '.,} L
715 Mulberry St. m Waterloo,iA 50703 a Prone(319)294-4312 Fax(319)291-4262
Email[:city.en-ineerwaterloo-ia.cu
JAIIA B KNUT'SOh[,PE d CiM,Engineer
December 14, 2021
Aric Schroeder, City Planner
Planning, Programming & Zoning Commission
Waterloo City Hall
Waterloo, IA 50703
RE: FINAL PLAT
BORWIG 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.
Since y,
Dennis . Gentz, P.E.
Assistant City Engineer
WE'RE WORKING FOR YOU!
An Equal Opportun13tylAfffmiative Action Employer
Page 156 of 249
Certificate of Survey
I, William W. Castle, a duly licensed Land Surveyor in the State of Iowa, do hereby certify that a survey
was made, under my supervision, of the property to be known as Borwig Addition, in Section 15,
Township 89 North, Range 13 West of the 51h PM, City of Waterloo, Black Hawk County, State of Iowa, as
shown on the attached plat, and further described as follows:
Borwig Addition, being a replat of portions of Lots F and G, Cedar Dale, City of Waterloo, Black Hawk
County,State of Iowa, and being more particularly described as follows:
Beginning at the northwest corner of Lot F, Cedar Dale; thence North 8820'00" East 156.76 feet along
the north line of said Lot F to the east line of the west half of the west half of Lot F;thence South
00°22'21" East 330.08 feet along said east line to the south line of the north 330 feet of said west half of
the west half of Lot F; thence South 8820'00" West 156.79 feet along the south line of the said north
330 feet of the west half of the west half of Lot F to the west line of said Lot F;thence North 85°14'30"
West 178.72 feet to the west line of the east 178 feet of Lot G;thence North 0024'15" West 310.08 feet
along the said west line of the east 1.78 feet of Lot G to the north line of Lot G; thence North 88°20'00"
East 178.25 feet along said north line of Lot G to the point of beginning, containing 2.50 acres.
The parcel described being comprised of parcels previously described in file numbers 2020-17233 and
2021-7218 in the records of the Black Hawk County Recorder's Office.
further certify that the plat as shown is a correct representation of the survey and that iron
monuments will be placed at all corners as indicated on the plat within one year from the filing of the
plat.
13kO Not/ -
A/
ZoZ Q o WILLIAM u
William W. Castle, PLS Date ° W. ° c
Iowa license Number 19715 Q CASTLEm
c� 19715 e r
My license renewal date is December 31, 2021. °neon°
IC)w�
14 Page 157 of 249
CONTRACT
This Agreement entered into this day of ,20 ,by the City of Waterloo,
Iowa,hereinafter referred to as First Party and
,hereinafter referred to as Second Party.
THAT WHEREAS,the Second Party has filed with the City Planning,Programming, and Zoning
Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo,
Iowa, and
WHEREAS, said addition is to be known as , and
WHEREAS, it is the desire of the City Council of the City of Waterloo,Iowa,that sanitary sewers, storm
sewers, curb and gutter, street paving and concrete sidewalks be installed throughout said addition and that the
streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all
work above referred to be done under the supervision and direction of a civil engineer registered in the state of
Iowa, and
WHEREAS, Second Party is unable to complete the installation of said above referred to improvements
and the grading of the streets in said addition at this time and desire, in lieu of completion of said improvements to
enter into this Agreement with the City of Waterloo, Iowa,providing for the completion of said improvements
within a fixed period of time.
NOW THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of
the City of Waterloo, Iowa, of the above-described final plat, Second Parry at its sole expense, agrees to bring the
streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City
Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers,
curb and gutter, street paving and concrete sidewalks, all in accordance with the preliminary plat,heretofore filed
with the City Planning,Programming, and Zoning Commission and with the City Clerk of Waterloo,Iowa, and it is
further agreed that the actual construction of said improvements shall be done in the manner provided by law and in
accordance with City Ordinances pertaining thereto and under the supervision of a civil engineer registered in the
state of Iowa.
IT IS FURTHER AGREED,that concurrently with the execution of this Contract Second Party has
executed and caused to be filed with the City of Waterloo,Iowa,his request for sanitary sewer, storm sewer,curb
and gutter, street paving and sidewalk construction Petition and Waiver of Notice,Hearing and Assessments
thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements
and assess the costs thereof against the benefited property of the addition in the event that the Second Party fails to
comply with the provisions of this Contract.
IT IS FURTHER AGREED,that said improvements shall be completed no later than the day of
,20 , and the City of Waterloo is hereby specifically authorized to proceed to have any
improvement covered by this Agreement completed any time after said date.
WITNESS our signatures hereto this day of ,20
CITY OF WATERLOO,IOWA
By: By:
Mayor
ATTEST:
By: By:
City Clerk
SECOND PARTY FIRST PARTY
15 Page 158 of 249
OWNER'S STATEMENT AND DEED OF DEDICATION
for
BORWIG ADDITION
TO THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA
KNOW ALL MEN BY THESE PRESENTS:
That the City of Waterloo, Iowa("Owner"), being desirous of setting and platting into
lots and streets the land described in the attached Certificate of Survey by William W. Castle, a
Licensed Land Surveyor, dated , 2021, does by these presents designate and set
apart the aforesaid premises (the "Development") as a subdivision of the City of Waterloo, Iowa,
the same to be known as
BORWIG ADDITION,
City of Waterloo, Black Hawk County, Iowa, all of which is with the free consent and the desire
of the undersigned, and the undersigned does hereby designate and set apart for public use the
streets, avenues and easements as shown upon the attached plat. The undersigned hereby
covenants and agrees for itself, its successors and assigns, that said subdivision shall be and the
same is hereby made subject to the following restrictions and covenants as fully and effectively
for all intents and purposes as if the same were contained and set forth in each deed, conveyance
and mortgage that this grantor or its successors in interest may hereafter make and that such
restrictions and covenants shall run with the land in the particulars hereinafter stated, to wit:
DEDICATION OF EASEMENTS
Owner hereby dedicates and conveys to the City of Waterloo, Iowa, its successors and
assigns, for street and right-of-way purposes, the area designated on the plat as Tract "A."
Owner does hereby further grant and convey, or may in the future 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,
surface drainage, gas, electricity, communication service or cable television, perpetual easements
for the erection, laying, building, operation, repair and maintenance of said services over, across,
on and/or under the Development as shown on the attached plat or as set forth in later
instruments, including but not limited to drainage and storm water management easements.
There shall be no buildings or other unreasonable obstructions upon or under any lot covered by
said easements, so that access is available for any equipment and/or persons reasonably
necessary for the construction, reconstruction, repair or maintenance of said utilities and/or
drainage ways.
RESTRICTIONS AND COVENANTS
Be it also known that the Owner does hereby covenant and agree for itself and its
successors, assigns and transferees, that each and all of the residential lots in the Development
be, and the same hereby are, made subject to the following restrictions and covenants upon their
use and occupancy as fully and effectively to all intents and purposes as if the same were
16 Page 159 of 249
contained and set forth in each deed of conveyance or mortgage that the Owner or its successors
in interest may hereinafter make for any of said lots and that such restrictions and covenants shall
run with the land and with each individual lot thereof for the length of time and in all particulars
hereinafter stated, to-wit:
1. Development of the Development shall be in accordance with the standards and
requirements of the R-2 One and Two Family Residence District pursuant to the City of
Waterloo Zoning Ordinance.
2. No building, including any attached deck, porch or sunroom, shall be erected on
any lot nearer than the building line indicated on the attached plat. No lot may be split to
increase the number of lots or the size of buildable lots in the subdivision. Only one single-
family dwelling shall be permitted on any lot, except that a garage may be constructed on Lot 1
in lieu of a single-family dwelling.
3. Any and all drainage and storm water management easements will be required to
follow the "Stormwater Management Plan" and no building, fence structures, landscaping
structures, private gardens or any other possible obstruction can be built in and over said
drainage or storm water management easements, except that at the owner's risk a chain link
fence may be erected over and upon said areas subject to removal for any repair, maintenance or
reconstruction work deemed necessary for drainage or storm water management purposes. All lot
owners and/or contractors working on said lots will be responsible to maintain said easements to
be free and clear of any physical obstruction(s), thus allowing the passage of surface storm water
runoff as intended per the "Stormwater Management Plan" on record with the City of Waterloo
Engineer's Office. The Stormwater Management Plan shall be developed and approved prior to
or concurrent with the first dwelling constructed in the Development.
4. In no event shall any building or structure be constructed or maintained for
manufacturing, industrial, commercial or business purposes, except for an in-home office as
permitted by the City of Waterloo zoning ordinance. Permanent business signs of any kind will
no be allowed in the Development.
5. No trailer, basement, tent, shack, garage, barn, or other out building erected in the
subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any
residence of a temporary character be permitted on any lot in the subdivision, and no kennel, dog
run or similar external animal shelter shall be maintained on any lot in the subdivision.
6. No dwelling shall be constructed, permitted, or occupied on any lot herein having
square footage floor space, designed, intended, and constructed for living quarters (which space
shall not include cellars, attics, garages, breezeways, porches, stoops, and other such non-living
areas) of less than 1,300 square feet for the main base of single-family houses. All dwellings
shall have an attached double garage with a minimum of 800 square feet. No detached garages
are allowed, except that a stand-alone garage may be constructed on Lot 1 in lieu of a dwelling.
2
17 Page 160 of 249
7. Storage sheds and outbuildings other than garages are permitted, but only in
compliance with the zoning ordinance and only if the design and materials are similar to the
main structure.
8. The owner of each lot, vacant or improved, shall keep the lot or lots free of weeds
and debris.
9. No trade or activity shall be carried on upon any lot nor shall anything be done
thereon which may be or become an annoyance or nuisance to the neighborhood.
10. No dwelling on any lot in the subdivision shall be occupied until the exterior is
completed and finished, the interior substantially completed and finished, and a certificate of
occupancy issued by the City of Waterloo. All construction and landscaping shall be completed
within twelve (12) months of issuance of a building permit by the City of Waterloo.
11. No old or used building shall be moved upon any of the lots in the subdivision for
any purpose, and all buildings on any lot in the subdivision shall be kept in a reasonable state of
repair and upkeep.
12. No concrete block, hollow tile construction, modular or pre-built home, or
geodesic dome building may be erected on any lot in the subdivision; however, "panelized"
home construction that utilizes only prefabricated floor panels, wall panels, and roof trusses is
permitted.
13. An improved lot shall be sodded, seeded, landscaped or a combination of the
foregoing on the entire lot. Silt fence or runoff deterrent must be installed until soil is stabilized
by sod, established seed growth or landscaping. All downstream intakes shall be protected from
eroding soils entering them. No shrubs or trees shall be planted so as to infringe upon adjoining
property lines based on maximum expected growth and shall be maintained so as not to infringe.
14. All fencing must be of chain link material, brick or wood. No snow fencing, or
fencing comprised of barbed wire or woven wire of any kind, are permitted.
15. No stables or other quarters shall be constructed, maintain or used on any lot for
stabling or accommodating any horses, cattle, swine, goats, sheep, other livestock, fowl or bees.
No animals, livestock, or poultry of any kind shall be kept on any lots, except that dogs, cats or
other household pets may be kept, not exceeding two in number, provided they are not kept for
commercial purposes. No pets of any kind will be allowed in any fenced-in areas of the
Development green space not owned by individual lot owners. Such animals shall be kept under
control so as not to constitute a public nuisance and must be kept in compliance with applicable
zoning laws and regulations of the City of Waterloo.
16. All electrical transmission lines and service entrances, all telephone lines and
services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of
whatever kind or nature, shall be installed underground on all lots in the subdivision.
3
18 Page 161 of 249
17. No radio station or short-wave operators of any kind shall operate from any lot
which shall cause interference with audio or visual reception upon any other lot. No exterior
radio antenna shall be erected or maintained in or on the property. All TV, radio and other
antennas, towers and dishes must be installed and enclosed in an attic or garage, except that
satellite dishes no larger than 24 inches in diameter are allowed if not visible from the street.
18. No recreational vehicle, motor home or trailer of any kind, whether camping,
boat, house, utility, or otherwise, shall be parked on any lot or street in the subdivision, except
that one such vehicle in operable condition may be parked in the driveway of Lot 1 or on the
north side of any garage constructed on said lot.
19. No bus, semi-tractor, trailer, or truck of any kind except what is commonly
described as a "pickup truck" shall be kept or parked on any lot or street in the subdivision for a
period exceeding 48 hours. After said time, such vehicles must be removed from the
Development or completely stored within the garage of the dwelling.
20. Any footing drain tiles or sump pump systems installed in conjunction with the
construction of a residence shall be connected to sub-drain tile and shall not be expelled into any
sanitary sewer system, onto the street, or onto the surface of the property.
21. The owner and/or occupant of each lot shall jointly and severally be responsible
to keep in good order or to maintain the area between the curb line and the property line abutting
their property, including keeping said area free of holes, pitfalls, stumps of trees, fences, brick,
stone, cement, stakes, posts or rods to which a metal, plastic or similar receptacle designed to
hold newspapers are affixed, private irrigation or sprinkler systems, retaining walls, landscaping
brick, block, stone, timber or other similar material, or any other similar obstructions.
22. All of the provisions hereof shall be enforceable by appropriate legal proceedings
by any present or future owner of the legal or equitable title to any lot in the subdivision, and if
successful the person seeking enforcement shall be entitled to recover reasonable attorneys' fees
and expenses incurred in such action. Invalidation of any one or more of the within covenants,
restrictions or stipulations by judgment or decree of court shall not be regarded as affecting the
validity of any of the other provisions hereof, nor shall any judicial determination with respect to
any of the covenants, restrictions or stipulations hereof be regarded as affecting the validity or
sufficiency of this instrument as a deed of dedication of said plat.
23. The undersigned and all persons and companies hereafter acquiring any right,
title, or interest in any of the lots in the Development shall be taken and held to have agreed and
covenanted with the owners of all other lots in the Development and with the respective
successors and assigns of all of the rest of such other lots, for a period of twenty-one (21) years
from the date of filing of the subdivision plat and this deed of dedication, to conform to and
observe all of the foregoing covenants, restrictions and stipulations as to construction, use,
maintenance and other activities and duties, unless by vote of a majority of the then-owners of
the lots it is agreed to change any of said covenants, restrictions or stipulations in whole or in
4
19 Page 162 of 249
part. These covenants, restrictions and stipulations may be extended for one or more additional
periods of effectiveness upon compliance with the Code of Iowa, provided that if not so extended
said covenants, restrictions and stipulations shall terminate at the end of the existing period of 21
years.
24. Invalidation of any of these restrictions or covenants by judgment, decree or court
order shall in no way affect any of the other provisions of this dedication, and such other
provisions shall remain in full force and effect.
25. It is agreed that:
A. All construction shall be in accordance with the building, plumbing and
electrical codes of the City of Waterloo.
B. The streets shown on the attached plat will be brought to city grade and that
the streets will be 31 feet, as measured from back of curb to back of curb, with
approved hard surface pavement, as required by the City of Waterloo.
C. The following infrastructure shall be provided as required by the City of
Waterloo or other applicable law: utilities, fire hydrants, storm sewer,
sanitary sewer (together with the necessary manholes and sewer service lines
to all lots in the subdivision), and water service lines (to all lots in the
subdivision).
D. A 4-foot wide concrete sidewalk four (4) inches thick, and a concrete surface
driveway and driveway approach, will be installed during or immediately after
the construction of the residence on any particular lot. The sidewalk shall
extend across the full width of the lot and on corner lots also across the
parking and full length of the lot. The sidewalk shall be constructed to match
at each end with existing sidewalks on adjoining lots. Any lots remaining
vacant for five (5) years after the date of final approval of the plat, or after
75% of the lots in the subdivision have been developed, whichever occurs
first, shall also be improved with sidewalks as soon as the next construction
season permits.
E. The work and improvements called for in paragraphs B and C of this Section
shall be in accordance with the specifications of the City of Waterloo, Iowa,
and performed under the supervision of a qualified engineer licensed in the
State of Iowa. In the event that the developer, its grantees and assigns, fails to
complete said work and improvements within one (1) year from the date of
the acceptance of said final plat by the City of Waterloo, or with respect to
sidewalk and other improvements required by paragraph D of this Section are
not completed within the period require by said paragraph, then the City may
make the improvements and assess the costs of the same to the respective lots.
The undersigned agrees that said assessments so levied shall be a lien on the
5
20 Page 163 of 249
respective lots with the same force and effect as though all legal provisions
pertaining to the levy of such special assessments have been observed, and
further authorizes the City Clerk to certify such assessments to the County
Auditor as assessments to be paid in installments as provided by law. The
Owner, for itself, its successors, assigns and transferees, waives all statutory
requirements of notice of time and place of hearing and waives statutory
protections and limitations as to costs and assessments and agrees that the City
may install said improvements and assess the total costs thereof against the
lots.
F. All required public improvements within the subdivision plat shall be
constructed and installed, to conform with approved construction plans which
meet the specifications of the City of Waterloo, Iowa. Such required public
improvements shall meet the following requirements:
i. Shall be constructed and installed in a good and workmanlike manner;
ii. Shall be free of defects in workmanship or materials;
iii. Shall be free of any conditions that could result in structural or other
failure of said improvements;
iv. Shall be constructed and installed in accordance with the design standards
and technical standards established for such public improvements by the
City and by utilities serving Waterloo; and
v. Shall be constructed and installed in strict compliance with the minimum
acceptable specifications for the construction of public improvements set
forth in the Waterloo Code of Ordinances, including without limitation,
Title 11, Subdivision Regulations, and as such specifications shall be
recommended for approval by the City Engineer from time to time, and
approved by the city council.
WITNESS my hand at Waterloo, Iowa, this day of December, 2021.
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
6
21 Page 164 of 249
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on December , 2021 by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
7
22 Page 165 of 249
PETITION AND WAIVER
THIS AGREEMENT made and entered into by and between the City of Waterloo,Iowa,hereinafter called
the City,and the undersigned property owners in said City,hereinafter called the Property Owners,WITNESSETH:
WHEREAS,each of the Property Owners is respectively the owner of the tracts of real estate set opposite
their names;and,
WHEREAS,the City proposes to construct improvements in said
City;and
WHEREAS,the undersigned Property Owners desire that the improvements be constructed to benefit their
respective properties hereinafter described opposite their names,the general description and location of said
improvements being as follows:
(INSERT DESCRIPTION)
The properties to be assessed are described as follows:
(INSERT PROPERTIES TO BE ASSESSED)
NOW,THEREFORE,BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS:
As soon as practicable the City shall have the right to cause said above described improvements to be
constructed in accordance with in all respects,with such plans and specifications for the above described
improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of
a civil engineer registered in the state of Iowa.
For the purpose hereinbefore set out,the City may elect to enter into contract for the construction of said
improvements as a part of any contract for a public improvement project made pursuant to advertisement for bids
done prior to the receipt of this instrument by the Council,if authorized by Section 384.41(2)of the City Code of
Iowa.
In consideration of the construction of the said improvement,the undersigned Property Owners hereby
waive the Resolution of Necessity and publication of Notice thereof,the Resolution ordering the work,the
advertisement for bids,and the publication of Notice thereof,and all other legal formalities of whatsoever kind or
character required by the laws of Iowa to be observed by cities in the construction of said improvements where the
expense of such improvements is to be assessed against the abutting or adjacent property. The undersigned Property
Owners each and all hereby expressly waive each and every question of jurisdiction,the intention of the Property
Owners being to authorize and direct said City to construct the said improvement without any of the formalities or
legal proceedings required of cities by the statutes of Iowa in constructing like improvements. The express intention
of each of the undersigned Property Owners being that said above described improvements shall be constructed as
aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed.
It is further agreed that said City may make a contract for construction of the above described
improvements,as herein provided and that when said improvements have been constructed in accordance with the
plans and specifications for the said improvements,to be adopted by the council,that said city by and through its
Council may make assessments against the properties of the undersigned Property Owners for the entire cost of the
construction of said improvements,including the cost of engineering, supervision,and preparation of assessment
schedule,and that said assessments so made shall be a lien upon the properties hereinafter described of the
undersigned Property Owners,and each of the undersigned Property Owners hereby agrees to pay the amount which
is thus assessed against his property,and said assessment shall have the same legal force and effect as if all the legal
formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the
undersigned Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be
paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special
assessments for such improvements.
Petition and Waiver Page 1 of 2
23 Page 166 of 249
The amount and proportion of the cost of said improvements,to be paid by the several Property Owners,
shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make
such changes or alterations in said assessment as should be made and when said assessments are finally passed by
the Council and by it levied,they shall constitute the assessments against the said properties in all respects and with
all the effect that they would have pertaining to public improvements to be paid for by special assessments,had been
fully observed. Said assessments shall be paid by the undersigned Property Owners within the time provided by law
for the payment of special assessments for such improvements,and improvement bonds may be issued by the City
payable out of said assessments. Said Property Owners hereby authorize the Council of the City of Waterloo,Iowa,
to pass any Resolution requisite or necessary to order and secure said improvements,to provide for the construction
of the same and to make the assessments herein provided for,without further notice to said Property Owners,or any
of them,and any such Resolution may contain recitals that said improvements are ordered or made by the Council
without petition of property owners,without in any way qualifying this petition or releasing the Property Owners
from their obligation to pay the assessments levied against their property for the cost of said improvements.
Each Property Owner warrants that his real estate described below is free and clear of all liens and
encumbrances other than for ordinary taxes,except for such liens as are held by lienholders hereinafter listed and
designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any
part of his said property to the terms of this Petition and Waiver,and,upon failure to do so,to pay the full amount of
the assessment on demand. Each lienholder designated below,by execution of this Petition and Waiver,agrees and
consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto.
Property Owners agree that this Petition and Waiver shall be effective and binding from and after the
approval hereof by resolution of the City Council.
IN WITNESS WHEREOF,we have hereunto affixed our signature this_ day of
20
(SIGNATURE OF PROPERTY OWNER)
Name
By:
(SIGNATURE OF LIENHOLDER)
Name
STATE OF IOWA )
SS
BLACK HAWK COUNTY)
On this day of 20 ,before me,
a Notary Public,in and for the County of Black Hawk, State of Iowa,
personally appeared
To me known to be the person(s)named in and who executed the foregoing instrument and acknowledged that he
(they)executed the same as his(their)voluntary act and deed.
NOTARY PUBLIC IN AND FOR BLACK HAWK
COUNTY,IOWA.
Petition and Waiver Page 2 of 2
24 Page 167 of 249
CITY OF WATERLOO PLANNING AND ZONING COMMISSION
REQUEST FOR PLATTING (FINAL)
1, APPLICATION INFORMATION:
a. Applicant's Name (please print): Gt`11 Je L�lj j lr� y
Address: t jYj l�lr �+�) C-1 Phone: 3 0- 9 I-V 3�(„
City: State: ) n Zip: 'to-7 c3 1
Email: Nlai'1,.. A Nn,-1S iA wr rdi14X -".oto
b. Status of Applicant: (a)Owner
,<(b) Other (CHECK ONE): If other explain:
c, Property Owner's Name if different than above (please print): _
Address: Phone:
City: State: Zip:
2. PREPARER INFORMATION:
a. Preparer's Business Name (please print):
Primary Preparer's Name:
Phone: E-mail:
3. PROPERTY INFORMATION:
a. Name of Plat: OoCvi ' L, P D r,�
b. General Location of Property:
c. Area of Proposed Plat:
d. Area of Proposed Plat to be dedicate&conveyed to the City:
e. Value of area to be dedicated/conveyed to the City:
f. Zoning District(s):
4. OTHER DOCUMENTATION:
a. Date of Preliminary Plat Approval: P&Z City Council
b. Six(b) copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord.
(also submit a digital copy of the plat in PDF format)
c. Three(3) copies of Deed of Dedication(must be original signatures)
d. Three(3)copies of all Contract, Petition and Waiver forms (must be original signatures)
e. Three(3) copies of Certificate of Survey(must be original signatures)
5. PUBLIC IMPROVEMENTS
a. Costs for any public improvements: Estimate_Actual
Total Cost
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 penalty of perjury that all information on this request and submitted along with . . true and correct. All
information will be used by the a oo Planning, Programming, and Zoning Commission and e W erloo City Council in
making their decision.The unde igne u orize City Zoning Officials to enter the property in qu tion i • g ds to the request.
Signature of Applicant Date 25 Signature of Owner Date
Page 168 of 249
CITY OF WATERLOO
Council Communication
Resolution approving construction plans for the Schoitz Addition Private Sanitary Sewer Extension Project, as
submitted by Crawford Engineering& Surveying, Inc., of Independence, Iowa, and a Sewage Treatment
Agreement, DNR Form 29 (Nov 00)with the Department of Natural Resources, and final acceptance of
construction plans, subject to the review and acceptance by the Department of Natural Resources, and
authorizing the Mayor to execute said documents.
City Council Meeting: 1/3/2022
Prepared: 12/21/2021
ATTACHMENTS:
Description Type
❑ Schoitz Addition San Sew Ext IDNR Sanitary Permit Backup Material
❑ Schoitz Addition San Sew Ext Plans Backup Material
Resolution approving construction plans for the Schoitz Addition Private
Sanitary Sewer Extension Project, as submitted by Crawford Engineering&
Surveying, Inc., of Independence, Iowa, and a Sewage Treatment
SUBJECT: Agreement, DNR Form 29 (Nov 00)with the Department of Natural
Resources, and final acceptance of construction plans, subject to the review
and acceptance by the Department of Natural Resources, and authorizing the
Mayor to execute said documents.
Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer
These construction plans have been reviewed by the Engineering
Department. They appear to meet current design standards and
Summary Statement: specifications, therefore they are recommended for approval by the City
Council. This is ann 'vate sanitary sewer.
Neighborhood Impact:
Page 169 of 249
Exhibit 11A
Iowa Department of Natural Resources
❑ Wastewater Section
Construction Permit Application
SCHEDULE A, Construction Permit Application
APPLICANT ENGINEER
Owner: C10 Investments LLC Firm; Crawford Engineering&Surveying, Inc.
118 Third Avenue NE, PO Box 793,
Address: 3759 Ranchero Road,Cedar Falls,IA 50613 Address: Independence, Iowa 50644
Representative: Jeff Stickfort Project Officer: Lawrence G.Crawford
Phone Number: 319-290-4357 Phone Number: 319-334-7077
Email: jeffstickfort@gmail.com Email: cesil@indytel.com
Project Identification; Schoitz Addition Sanitary Sewer Main
Estimated Start Date*: March 2022 Estimated Completion Date; May 2022
PLEASE RESPOND TO ALL QUESTIONS Yes No
1.Has an engineering report,facilities plan or other information previously been submitted for this project? ❑
If Yes: Project Identity: Date Submitted:
2.Does the project and construction permit application,as submitted, follow the recommendations,design loadings, ® El
schedule,permit limits,and conclusions of the approved engineering report or facilities plan?
If No: Provide the design basis and technical information justifying all changes.
3.Are there three complete sets of plans and specifications accompanying this application? ® ❑
For a minor gravity sewer extension within the meaning of 455B.183.3 Code of Iowa and Design Standard 11.1,two complete
sets will be adequate for expeditious approval.For more complex projects,three sets of plans and specifications may be
requested.
4.Are approved standard specifications a part of this application? ® ❑
If Yes: Approved Standard Specifications of
(municipality of firm): Iowa SUDAS Date Approved: March 2010
5.Does each set of plans and specifications or engineering report accompanying this application contain a ® ❑
"professional engineering seal"executed in conformance with 5428.16,Code of Iowa?
If No: Processing will be delayed pending receipt of applicable design schedules and certified plans, specifications or
engineering report.
6.Is this a joint wastewater and water supply project? ❑
If Yes: A construction permit application for the water supply project should be submitted separately to the Water Supply
Section,A Water Supply permit fee may be required.
7.Is the applicant to provide treatment of effluent resulting from this construction? ❑
If No: A Sewage Treatment Agreement executed by the authority providing treatment must accompany this form.
8. Is a new or amended operation permit necessary to use the facilities described in this application? ❑
If Yes: A new or amended permit to operate may be requested prior to the receipt of a construction permit.
9. Is any waterline located within 10 feet;or any private or public well,lake, or public recreation area located within
400 feet of the proposed construction? ❑
If Yes: Identify and locate the facility(ies)relative to the proposed construction.
10. Will construction inspection be conducted by a licensed engineer employed by the applicant? ® [_
If No: Name of Engineering Firm Conducting Inspection: Crawford Engineering& Surveying, Inc.
11. Will this project utilize CWSRF loan funds? ❑
CERTIFICATION
APPLICANT ENGINEER
I certify that I am the authorized representative of the owner I certify that all aspects of the design included in this application
and state that the project identified above is approved by the conform to applicable standards contained in Chapter 567 IAC
owner. 64,or that an explanation and justification for any proposed
variations from such standards is attached. I am familiar with the
information contained in this application and, to the best of my
knowledge,su h information.is,com I and accurate.
I/ISignature Date �2 t Z Signature ` , .. Date } J
"Estimated CAdsfruction Start Date:Complete applications must be submitted'at least 120 rays in 48va ce of the date for starting
construction in accordance with Rules 567 IAC 60.4 and 64.2
0412416 cmc DNR F n 542 3 11
gage X70 of 249
Please complete the Schedule Checklist on the following page of this form.
DOCUMENT CHECKLIST
Identify all categories included in this project. Also,identify schedules attached to this application.
Schedule Title Attached Included in Project Submittal Date
B Collection System
C Lateral Sewer Extension ® ❑
D Trunk&Interceptor Sewer ❑ ❑
E Wastewater Pump Station ❑ ❑
F Treatment Project Site Selection ❑ ❑
G Treatment Project Design Data ❑ ❑
H1 Schematic Flow Diagram ❑ ❑
H2 Treatment Process Loading and Removal Efficiency ❑ ❑
1-13 Mechanical Plant Reliability ❑ ❑
I Screening,Grit Removal and Flow Measurement ❑ ❑
J Septic Tank System ❑ ❑
K1 Controlled Discharge Pond ❑ ❑
K2 Aerated Pond [] ❑
K3 Anaerobic Lagoon ❑ ❑
L Setting Tanks ❑ ❑
M Fixed Film Reactor-Stationary Media ❑ ❑
N Rotating Biological Contactor ❑
Q Aeration-ranks or Basins ❑ ❑
P Gas Chlorination ❑ ❑
Q Sludge Digestion and Holding ❑ ❑
R1 Sludge Dewatering and Disposal ❑ ❑
R2(A&B) Low Rate Land Application of Sludge ❑ ❑
R3 Land Application of Sewage Sludge(To be developed) ❑ ❑
S Land Application of Wastewater(To be developed) ❑ ❑
Sewage Treatment Agreement ® []
Identify any categories included in this project which are not provided in the above list of schedules.
04/2016 a„c DN mage 31 1 z) 249
IOWA DEPARTMENT OF NATURAL RESOURCES CASHIERS USE ONLY
0945-542-N P DE-CP-0570
Wastewater Disposal System Construction Permit 32-3202
Application Fee Form owner
Owner Name: C 10 Investments LLC
Address: 3759 Ranchero Road
City, State, Zip: Cedar Falls, Iowa 50613
Project Identification: Schoitz Addition Sanitary Sewer Mairr
0 $100 Fee enclosed
Please sign and return this form with a check or money order payable to "Iowa Department of Natural Resources".
Place it and the check or money order on top of other Construction Permit Application documents.
Effective beginning July 1, 2006, Applications for Construction Permits for wastewater disposal systems required by
Iowa Code 45513.173 and rules in Iowa Administrative Code 567 IAC 64, must be accompanied by the fee required by
Iowa Code 4558.197 and Iowa Administrative Code 567 IAC 64.16(3)"c".
The fee is $100 for each application, regardless of project size and project type including sanitary sewers, pump
stations, treatment units or a combination thereof.The fee shall be submitted with the certified engineering documents
necessary to apply for a construction permit (plans, specifications and related application schedules A, F, and G as well
as the appropriate schedules indentified on page 2 of Schedule A). The construction permitting process is initiated as
planning for construction begins. Planning coordination and submittal of preliminary engineering reports or facility plans
precedes submittal of technical documents necessary to constitute a construction permit application. The application
fee is not necessary when submitting a planning document but must accompany construction permit application
documents.A fee should accompany each permit application received on or after July 1, 2006,
Failure to submit a fee with the application may delay the processing of a construction permit. If you have any questions
regarding the application fee, please contact Donna Gomm at 515-725-8427 or Donna.Gomm@dnr.iowa.gov
Signature of Owner or Representative: C 10 5,AKS+0e," WL
Printed Name: G r�
Telephone or email contact: 31 ot 2 010 4357 pr �ejTs+Zc Vv✓ - .C
Mail to:
Iowa Department of Natural Resources
Wastewater Fngineering Section
502 East 9`h Street
Des Moines, IA 50319-0034
11/2014 cmc DNR Form S42-1245
Page 172 of 249
Iowa Department of Natural Resources DNR USE ONLY
Wastewater Section Project No.
Construction Permit Application Permit No.
SCHEDULE B, Collection System
Date Prepared Project Identity
12-10-2021 Schoitz Addition Sanitary Sewer Main
Date Revised
1. Identify proposed construction which is subject to Flooding and explain what is proposed to prevent water from entering the
system, If no portion is subject to flooding,state none.
Segment Flooding Protection
"2. Indicate hydraulic capacity of: 1)the nearest downstream main or interceptor;2)the nearest downstream lift station;and 3)all
downstream segments where flow restriction may occur. Indicate the source and accuracy of numerical data.
Segment Segment Segment
Acadia/Van
Location Syoc
Design Capacity, MGD 0.82
Peak Hourly Dry weather Flow MGD(actual) 0.0075
Peak Hourly Wet weather Flow MGD(actual) 0.030
*3. Identify treatment facility,the design loadings and present raw waste loadings. Indicate source and accuracy of numerical data.
Facility Name and Number Waterloo Water Pollution Control Plant, IA079001, FED 0042650
Facility Loading MGD #BODS/day
Design 34.8 88,000
Average Wet Weather(actual) 24.53 31,500 Avg.
Peak Hourly Wet Weather(actual) 60+ 48,000 Avg.
Provide projected design loading increase,which will be added to this facility as a result of this project.
Design Loading Initial Design Year (2041)
Residential Service Area 1.88 Acres 1.88 Acres
Population 28 Persons 56 Persons
Flow(100 GPCD) 2800 GPD 5600 GPD
BODS(0.17/#/d/cap) 476 #/day 952 #/day
Industrial Service Area Acres Acres
Rated Flow GPD GPD
BODS it/day ft/day
Other Commercial 6 Acres 6 Acres
Rated Flow 3D,000 GPD 30,000 GPD
BOD, 51 #/day 51 11/day
Total 8005 S27 4/day 1003 4/day
Total Flow 32,800 GPD 35,600 GPD
Peak Hourly Flow 5470 GPD 6000 GPD
*Include a written explanation of items 2 and 3 if the sewer system and/or treatment facility are overloaded.
11/2015 cmc DNR Form 542-3045;28B
Page 173 of 249
Iowa Department of Natural Resources DNR USE ONLY
Wastewater Section Project No.
Construction Permit Application Permit No.
SCHEDULE C, Lateral Sewer Extension
Date Prepared Project Identity
12-10-2021 Scheitz Addition Sanitary Sewer Main
Date Revised
1.Design Basis Initial Design Year {2041)
Residential Service Area 1.88 Acres 1.88 Acres
Population 28 Persons 56 Persons
Flow(100 GPCD) 2800 GPD 5600 GPD
BOD5(0.17/#/d/cap) 476 H/day 952 p/day
Industrial Service Area Acres Acres
Rated Flow GPD GPD
BOD, ti/day 4/day
Other Commercial 6 Acres 6 Acres
Rated Flow 30,000 GPD 30,000 GPD
BODS 51 #/day 51 #/day
Total BODS 527 #/day 1003 4/day
Total Flow 32,800 GPD 35,600 GPD
Peak Hourly Flow 5470 GPD 6000 GPD
2.Pipe Diameter 8 Inch 10 Inch 12 Inch
Material PVC
Joint Gasketed
Minimum Slope 2.16 % % 30
Maximum Manhole Space 329 ft. ft. ft.
Total Sewer Length 734 ft. ft. ft.
Maximum Cover 12 ft, ft. ft.
Minimum Cover 8 ft, ft. ft.
3.Construction specifications(indicate ASTM Number or other standard included in the specifications).A brief description is
required in each part.
A. Bedding class SUDAS Class F-3
B. Pipe laying SUDAS Section 4010
C.Compaction 95%Std.Proctor Density
D. Manhole SUDAS 6010 SW 301
E.Specified maximum infiltration/exflltration rate 200 GPDPMPI
F. Infiltration/exfiltration test procedures low pressure air test
G.Alignment&grade test procedures
(1)During construction Stake&batterboard Laser X
(2)After construction Lamping X Other Internal TV Inspection
H. Deflection test procedures 9-fin mandrel, 30 days after installation
4.Are detailed manhole drawings included:®Yes ❑ No Typical frame and cover assembly SUDAS 6010.601-A
Are manhole covers nonvented: ®Yes ❑ No Manhole diameter 48 in.
Manhole opening diameter 27 In Material Precast Conc.ASTM C-478
5.Minimum sewer&water main separation: Horizontal 10 ft. Vertical 18 in.
Are specifications included SUDAS Standard Spec.
6.Stream, road, or railroad crossing protection
Are specifications included SUDAS Standard Spec.
11/2015 cmc DNR Form 542-3096;28C
Page 174 of 249
Iowa Department of Natural Resources
® Wastewater Section
Construction Permit Application
Sewage Treatment Agreement
INSTRUCTIONS
This agreement must be executed for all projects where construction and sewage treatment will be provided by different parties;
i.e.,a private subdivision connecting to a municipal systern,This agreement must be executed by the parties who are owners at the
time the permit is issued, regardless of whether title to the proposed construction project will be transferred after completion of the
project.
This agreement is not necessary when a contract for sewage treatment already exists;i.e.,service contracts between municipalities.
However,the Department of Natural Resources must be informed in writing that the contractual agreement does exist.
APPLICANT ENGINEER
Owner: C 10 Investments LLC Firm: Crawford Engineering&Surveying, Inc.
118 Third Avenue NE,PO Box 793
Address: 3759 Ranchero Road,Cedar Falls, IA 50613 Address: Independence, Iowa 50644
Representative: Jeff Stickfort Project Officer: Lawrence G.Crawford
Phone Number: 319-290-4357 Phone Number: 319-334-7077
Project Identification: Schoitz Addition Sanitary Sewer Main
Owner and System Receiving Wastes: City of Waterloo
CERTIFICATION
I am the authorized representative of the owner identified above and state that the proposed sanitary sewage facilities shall be
constructed in accordance with the plans and specifications and all wastes contributed by this project shall be discharged to the
treatment system identified above.
Signature Title: Date
AGREEMENT TO PROVIDE SEWAGE TREATMENT
I am the authorized representative of the owner of the system identified above and state that the connection of the proposed
sanitary sewage facilities identified above is approved by the owner,and that the owner accepts responsibility for providing
adequate treatment of all wastes contributed by this project,in accordance with the provisions of Chapter 4558,Code of Iowa, and
the rules of the Department of Natural Resources.This agreement shall not be construed in any way to affect any local ordinances,
sewer service agreements,or fee systems entered into between the parties.
Name: Quentin Hart Title: Mayor
Signature Date Phone: 319-291-4301
9/2018 cmc DNR Form 542-3219;29
Page 175 of 249
SCHUTZ &DDOMOON PREUMN& RV pLQ7
W&TERLOO, oOW&
I
LEGAL DESCRIPTION:
\S\ON SCHOITZ ADDITION BEING PART OF THE SW Y4 OF THE SW Y4 OF SECTION 35, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M.
S3NSV1 N\`�S P00 O� I AT THEDING PART SW CORNER SUNSET OF LOT 37LLS OF SUNSETALL HILLSIN THE ADDI ADDITIONCITY
IN OFOTHE SW Y4 OWATERLOO,
F THE SW Y4HAWK
F SECTION ON TY 1035,TOWNSHIP 89 NORDESCRIBED TH,E
NCING
H, RANGE
13 WEST OF THE 5TH P.M., IN THE CITY OF WATERLOO, BLACK HAWK COUNTY IOWA; THENCE S89°50'46"E, 386.00 FEET TO THE SW
— — � I CORNER OF LOT 43 OF SUNSET HILLS ADDITION AND THE POINT OF BEGINNING; THENCE N00'59'43"W, 100.09 FEET TO THE SOUTH LINE
Q cn OF ACADIA STREET; THENCE ALONG SAID SOUTH LINE S89'50'46"E, 254.74 FEET TO THE NE CORNER OF LOT 46 OF SUNSET HILLS
W A C A D I A S T W W > ADDITION; THENCE S00°59'43"E, 338.23 FEET; THENCE S89°51'24"E, 5.00 FEET; THENCE S00°59'43"E, 90.00 FEET; THENCE S89°51'24"E,
30' setback 20.00 FEET; THENCE S00'59'43"E, 255.00 FEET TO THE NORTH LINE OF EAST RIDGEWAY AVENUE; THENCE ALONG SAID NORTH LINE
_ _ S 8254. 4' E N89'51'24"W, 648.68 FEET; THENCE N45'59'43"W, 19.87 FEET TO THE EAST LINE OF KIMBALL AVENUE; THENCE ALONG SAID EAST LINE
°or I 'T 7 I z 254,74' N00°59'43"W, 224.13 FEET; THENCE S89°00'17"W, 3.00 FEET; THENCE N00°59'43"W, 151.55 FEET; THENCE S89°51'24"E, 190.62 FEET;
SW CORNER — 4— — THENCE N00°59'43"W, 13.00 FEET; THENCE S89°51'24"E, 124.24 FEET; THENCE N00'59'43"W 111.04 FEET; THENCE N45'0914"E, 98.64
LOT 37 I 0 FEET TO THE POINT OF BEGINNING. DESCRIBED LAND CONTAINS 7.88 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
SUNSET HILLS 37 38 39 40 I 41 # 42 o I I z o
FD Y�" REBARCn
Point 0 �° W 43 44 45 0 RECORD.
Point of Beginnin LQ Notes:
commencement I — — S 89°50'46" E — P — � — —I N41
386,00' ST c; 1. Proposed Zoning for Lots 1,2,3 is S-1. Proposed Zoning for Lot 4
N 00°59143" W L I F E S T Y L E L A N E (:j �N Lot 4 m is R-3.
69.83' °��,� 1.88 Acres I 10' setback 2. Setbacks are as follows
10' setback I roo NORTH 2.1. R-3-Front 30',Side 10',Rear 30'
Z z ¢ 0 2.2. S-1 =C-2-Front 20',Side 10',Rear 35'
C) CDW o 50 100
au
ru u, I 30' setback I I 3. Detailed Site Development Plans are required submittals for the
wI W 20' Sanitary wer Easement proposed improvements shown on Lot 1,Lot 2 and Lot 3.
`e N 00°59'43" W — — GRAPHIC SCALE
13.00' — S 89°51 24" E 325.88' —I co")w
1 INCH = 100 FEET PREPARED BY: OWNER/DEVELOPER:
fl
00 Crawford Engineering&Surveying Inc. C10 Investments L.L.0
S89°51'24"E — J — °51'24'E205 2nd Avenue NE 3759 Ranchero Road
190.62' S 89°51244E S89°51'245.00' Independence,Iowa 50644 Cedar Falls,Ia 50613
o I47.80' 35' Contact:Brian M.Crawford Contact:Jeff Stickfort
O I z Ph:(319)334-7077 Ph:(319)290-4357
D Ln oHOSPIT
CCA W Lot 2 OS89°00'17"W 1.31 AcresWTO BE REM VED9°51'24" E ,o^�20.00' 1 HEREBY CERTIFY THAT THIS LAND SURVEYNG DOCUMENT WAS PREPAREDQ3.00' al AND RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECTSEE SHE TPERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL � �GD LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. CRAWFORDm< cn O' Sanitary Sewer Easemjnt LICENSE RENEWAL DATE: 12-31-2022 LICENSE NO. 17344 3 17344
zo � 35' setback . cres \3 oa SC OOHS
C N 89°51'24" W I �O�IA
M —264,39'— BRIAN M. CRAWFORD, P.L.S. DATE
�NP�N��EO W 0p y I o
ro 10' PUE n cn Legend
�—
p� o W A —USPLSS CORNER FOUND AS NOTED
�_10' set ack ♦ —1/2" REBAR
fV
ryC) 25' Sto m Sewer Eas ment ■ —FD 3/4" PINCHED PIPE
ru C)Lot 1 � \ —FD 1/2" REBAR W/ CAP 16775
20' setback cn
w I I I1..�088 Acres `OI 10' PUE I ® —SET 1/2" REBAR W/ CAP 17344 SHEET 1 OF 2
— W PSA PROPOSED SANITARY SEWER
N 45°59'43" W —N 89°51'24" W— r', SA EXISTING SANITARY SEWER PRELIMINARY PLA T
19 87 2so,00' 39 T 4 .68' EXISTING WATER MAIN S CH 01 TZ A D D I TI O N
21.45' R N 89*51'24'W W 20' setba k ST W ST ST EXISTING STORM SEWER WATERLOO, IOWA
A PROPERTY LINE / LOT LINE DRAWN BMC
Gj� I E A S T RI D G E W A Y 50,0' ———————— EASEMENT CHECKED DTC CRA UUp�p FORD ENGINEERNG
SW CORNER AVENUE — — BUILDING SETBACK PROJ NO 21302 { SURVEYNG NC.
SEC 35-89-13 Z�EO SUBDIVISION BOUNDARY SHEET
FD MAGNETIC READING UNPIN PP-01 205 2nd Ave NE Independence, Iowa 50644
Construction shall be in accordance with
Statewide Urban Design and Specifications. ra
(SUDAS) Sta 1+82.4 Install SMH-1 0
Rim Elev = 936.8 H
FL out (N) = 928.37 —
Sta 0+02 Begin Construction FL in (W) = 928.57 O
Install 8" PVC SDR26 sanitary sewer r0-I
Connect to existing manhole C-
41 41
— 3
20' sanitary sewer easement
10" Sa — — —
0 i
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Install service wye
00 Z Q
Proposed 8" PVC SDR26 sanitary sewer I N
Z I O
V
SCALES: I / `n
1 - 30' HOR
1" = 5' VER
Proposed finished surface
935 935 •°
U
Sta 1+82.4 Install SMH-1
Rim Elev = 936.87. 4-J�FL out (N) = 928.37 2.18
l FL in (W) = 928.57 V
930 Sta 0+02 Begin Construction 930
Connect to existing manhole.
Install 8" to 10" Offset Fernco couplingg
w/ shear ring and stainless steel bands. T7— This certification covers all sheets
II I 2.21 I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS L
PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION�I lANAL II AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER �yyE N G FNGt 3
925 IIyII II UNDER THE LAWS OF THE STATE OF IOWA. P� F 925 N
LICENSE RENEWAL DATE: 12-31-2022 a IOWA A A
L- IOWA LICENSE No: 11572 11572 o L
C O (u
Proposed 8" PVC SDR26 sanitary sewer 12-09-2021 mss Pq W F 0�yJ�
Lawrence G.Crawford PE&PLS DATE Nqt LNo In
920 920
DO ro O Ln Ln O O r-- N
r7 Cn O Ln N C3) O Ln O c0 r` r-I
Ln O O r` oO od <n O O N N
N N N N N N N N N N rn rn rn rn rn a i
915 M 915 a
0+00 0+25 0+50 0+75 1 +00 Pagg f-74,%f 249 +50 1 +75 2+00 2+25 2+50 2+75 3+00 3+25 3+50 3+75 0
Construction shall be in accordance with
Statewide Urban Design and Specifications.
(SUDAS) 3
\ I H
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V
cfl I O
9
�
90 ���' I O
ro
QO 3
Install service wye 20' sanitary sewer easement 0000
SMH-1 — — — — — — — -
O
H
Proposed 8" PVC SDR26 sanitary sewer — H
Sta 5+11.0 Install SMH-2
9Rim Elev 935 94 Q
36,
FL out (E) = 935.64
N I FL in (S) = 935.84 N
H
O
9�\ I N
SCALES: I \ I
1" = 30' HOR
1" = 5' VER
940 Proposed finished surface 940 .O
4-1V
2.16% L
N
O
U
935 935
ra
SMH 1 2.18% Sta 5+11.0 Install SMH-2
see sheet 1 Rim Elev = 947.4 L
FL out (E) = 935.64 3
930 FL in (S) = 935.84 930
N
L
2.21 o cB
Proposed 8" PVC SDR26 sanitary sewer •rl
fu
N
925 925
O u7 u7 O r7 Ncfl Ln O O -:1- 00 N
I� N0 LO O I� N r7 r` CV
I� 00 o0 G� O O N N r7 r7 4 u7 (0 QO
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1 +50 1 +75 2+00 2+25 2+50 2+75 3+00 3+25Page3*AQ)f 2493+75 4+00 4+25 4+50 4+75 5+00 5+25 5+50 5+75 6+00 0
Construction shall be in accordance with
Statewide Urban Design and Specifications.
(SUDAS) o
H
O
O
944--- ri
L
Proposed 8" PVC SDR26 sanitary sewer Sta 7+34.0 Install SMH-3 N
Rim Elev = 948.6 ro
946 FL out (N) = 940.57 3
— sanitary sewer easement
J —948 J
SM-2
o n
CD
Install service wye O
Install service wye End Construction
H
a
N
O
2
SCALES: U
Ln
1" = 30' HOR
1" = 5' VER
Proposed finished surface
945 945 •0
Sta 7+34.0 Install SMH-3
V
Rim Elev = 948.6
A FL out (N) = 940.57 4-J
N
�—SMH-2 O
see sheet 1 U
940 940
16% r6
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ai3
935 '2-1 B%
935 N
Proposed 8" PVC SDR26 sanitary sewer J fu
4-1
fu
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930 930
u7 O O 00 N CO O 00 N
O r` N oo r7 00 -4- M
u7 (0 O r` r` Oj of 0i O
f roro r7 r7 ro ;I- 4-J
925' M M M M 0) 0) 0 0) 0) M 925
4+50 4+75 5+00 5+25 5+50 5+75 6+00 6+25Pag&*-5(�f 2493+75 7+00 7+25 N
CITY OF WATERLOO
Council Communication
Resolution approving Amendment No. 6 to the Development Agreement with Central Property Holdings,
LLC, originally executed August 17, 2017, to raise the minimum assessed value from$2.5 million to $4.0
million, and eliminate the mortgage on the property, for the All-In Grocers Project, and authorizing the Mayor
and City Clerk to execute said documents.
City Council Meeting: 1/3/2022
Prepared: 12/21/2021
ATTACHMENTS:
Description Type
❑ Central Prop DA amendment no 6correctcd.doc Backup Material
Resolution approving Amendment No. 6 to the Development Agreement
with Central Property Holdings. LLC, originally executed August 17, 2017,
SUBJECT: to raise the minimum assessed value from$2.5 million to $4.0 million, and
eliminate the mortgage on the property, for the All-In Grocers Project, and
authorizing the Mayor and City Clerk to execute said documents.
Submitted by: Submitted By:Noel Anderson, Community Planing and Development
Director
Recommended Action: Approve resolution
The City of Waterloo is taking steps to help finalize the financing steps for
construction to continue on the full All-In Grocers project. The change in
Summary Statement: MAV reflects the additional costs of materials, added size and scope of
project(including additional business space) and the release of Mortgage has
been requested, and with the reversionary language still in place, the City
believes our position remains strong for reversionary actions.
Neighborhood Impact: Positive impact on the Walnut Neighborhood and Franklin Corridor
redevelopment.
Data/Analysis and Strategies: Economic Development and Infill Policies
Community Engagement This project has been through numerous pubic hearings for the project.
Methods:
Expenditure Required/Source of NA
Funds:
Page 180 of 249
Preparer
Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234.5701
Name Address City Phone
SPACE ABOVE THIS LINE
FOR RECORDER
AMENDMENT NO. 6 TO DEVELOPMENT AGREEMENT
and MINIMUM ASSESSMENT AGREEMENT
This Amendment No. 6 to Development Agreement and Minimum Assessment
Agreement (the "Amendment") is entered into as of , by and
between Central Property Holdings, LLC (the "Company") and the City of Waterloo,
Iowa (the "City").
RECITALS
A. Company and City are parties to that certain Development Agreement
dated August 7, 2017, as later amended (collectively, the "DA"),
concerning the development of land (the "Property") described on Exhibit
"A" to the DA. The DA has been filed in the land records of Black Hawk
County, Iowa, as Doc. No. 2018-7765, Doc. No. 2019-2747, Doc. No.
2019-13537, Doc. No. 2019-13538 and Doc. No. 2021-12976. In
connection with the DA, the parties also executed a certain Minimum
Assessment Agreement dated August 7, 2017 (the "MAX).
B. The parties desire to amend the DA to modify the terms thereof as set
forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows-
1.
ollows:1. Sections 4 and 6 of the DA and Section 1 of the MAA are amended to
strike "$2,500,000.00" therefrom and to substitute "$4,000,000.00" in its place.
2. Section 4 of the DA is amended to remove the obligation of Company to
provide a mortgage as security. City will release the mortgage dated August 23, 2017,
which was recorded as Doc. No. 2018-3785. City retains the right to require that
Company post payment and performance bonds as set forth in Section 4.
Page 181 of 249
Page 2
3. Except as modified herein, the DA and MAA shall continue unmodified in
full force and effect. Terms in this Amendment that are capitalized but not defined will
have the same meanings herein that are ascribed to them in the DA or MAA, as
applicable. The DA, the MAA and this Amendment shall inure to the benefit of and be
binding upon the parties and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 6 to
Development Agreement and Amendment to Minimum Assessment Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA CENTRAL PROPERTY HOLDINGS,
LLC
By: By:
Quentin Hart, Mayor Rodney A. Anderson
Managing Member
Attest:
Kelley Felchle, City Clerk
Page 182 of 249
CITY OF WATERLOO
Council Communication
Resolution appointing UMB Bank. N.A. of Kansas City, Missouri, to serve as Paying Agent, Bond Registrar,
and Transfer Agent and approving the Paying Agent, Bond Registrar and Transfer Agent Agreement in
conjunction with the $14,075,000 Taxable General Obligation Bonds, Series 2022A, and authorizing the Mayor
and City Clerk to execute said documents.
City Council Meeting: 1/3/2022
Prepared: 12/28/2021
ATTACHMENTS:
Description Type
❑ UMB Registrar Agreement Backup Material
❑ Authorizing Resolution Backup Material
Resolution appointing UMB Bank. N.A. of Kansas City, Misso tura o serve
as Paying Agent, Bond Registrar, and Transfer Agent and approving the
SUBJECT: Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction
with the 514,075,000 Taxable General Obligation Bonds, Series 2022A, and
authorizing the Mayor and City Clerk to execute said documents.
Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer
Summary Statement: UMB Bank, N.A. will disburse the semi-annual interest and annual principal
payments to the bondholders over the term of the bonds.
Implementation,Accountability, Fees are paid using the debt service levy.
and Communication:
Expenditure Required/Source of A one-time acceptance fee is charged. Annual paying agent fees will be
Funds: required each year the bonds are outstanding.
Page 183 of 249
PAYING AGENT; BOND REGISTRAR AND TRANSFER AGENT AGREEMENT
THIS AGREEMENT is made and entered into on January 4, 2022 by and between the
City of Waterloo hereinafter called "ISSUER", and UMB Bank,N.A., a national banking
association with its principal payment office in Kansas City, Missouri, in its capacity as paying
agent and registrar, hereinafter called the "AGENT".
WHEREAS, the ISSUER has issued, or is currently in the process of issuing,pursuant to
an ordinance, resolution, order, final terms certificate, notice of sale or other authorizing
instrument of the governing body of the ISSUER, hereinafter collectively called the 'Bond
Document" certain bonds, certificates, notes and/or other debt instruments, more particularly
described as $14,075,000 Taxable General Obligation Urban Renewal Bonds, Series 2022A,
dated January 4, 2022 hereinafter called the 'Bonds"; and
WHEREAS,pursuant to the Bond Document, the ISSUER has designated and appointed
the AGENT as agent to perform registrar, transfer and paying agent services, to wit: establishing
and maintaining a record of the owners of the Bonds, effecting the transfer of ownership of the
Bonds in an orderly and efficient manner, making payments of principal and interest when due
pursuant to the terms and conditions of the Bonds, and for other related purposes; and
WHEREAS, the AGENT has represented that it possesses the necessary qualifications
and maintains the necessary facilities to properly perform the required services as such registrar,
transfer and paying agent and is willing to serve in such capacities for the ISSUER;
NOW THEREFORE, in consideration of mutual promises and covenants herein
contained the parties agree as follows:
1. The ISSUER has designated and appointed the AGENT as registrar, transfer and
paying agent of the Bonds pursuant to the Bond Document, and the AGENT has accepted such
appointment and agrees to provide the services set forth therein and herein.
2. The ISSUER agrees to deliver or cause to be delivered to the AGENT a transcript
of the proceedings related to the Bonds to contain the following documents:
(a) A copy of the Bond Document, and the consent or approval of any other
governmental or regulatory authority, required by law to approve or authorize the
issuance of the Bonds;
(b) A written opinion by an attorney or by a firm of attorneys with a nationally
recognized standing in the field of municipal bond financing, and any supporting or
supplemental opinions, to the effect that the Bonds and the Bond Document have been
duly authorized and issued by, are legally binding upon and are enforceable against the
ISSUER;
(c) A closing certificate of the ISSUER, a closing certificate and/or receipt of the
purchaser(s) of the Bonds, and such other documents related to the issuance of the Bonds
as the Agent reasonably deems necessary or appropriate; and
- 1 -
Page 184 of 249
(d) Unless Paragraph 20 hereof is applicable and if requested in writing by AGENT,
in addition to the transcript of proceedings a reasonable supply of blank Bond certificates
bearing the manual or facsimile signatures of officials of the ISSUER authorized to sign
certificates and, if required by the Bond Document, impressed with the ISSUER's seal or
facsimile thereof, to enable the AGENT to provide Bond Certificates to the holders of the
Bonds upon original issuance or the transfer thereof.
The foregoing documents may be subject to the review and approval of legal counsel for the
AGENT. Furthermore, the ISSUER shall provide to the AGENT prompt written notification of
any future amendment or change in respect of any of the foregoing, together with such
documentation as the AGENT reasonably deems necessary or appropriate.
3. Unless Paragraph 20 hereof is applicable, Bond certificates provided by the
ISSUER shall be printed in a manner to minimize the possibility of counterfeiting. This
requirement shall be deemed satisfied by use of a certificate format meeting the standard
developed by the American National Standards Committee or in such other format as the
AGENT may accept by its authentication thereof. The AGENT shall have no responsibility for
the form or contents of any such certificates. The ISSUER shall, while any of the Bonds are
outstanding,provide a reasonable supply of additional blank certificates at any time upon request
of the AGENT. All such certificates shall satisfy the requirements set forth in Paragraphs 2(d)
and 3.
4. The AGENT shall initially register and authenticate,pursuant to instructions from
the ISSUER and/or the initial purchaser(s) of the Bonds, one or more Bonds and shall enter into
a Bond registry record the certificate number of the Bond and the name and address of the
owner. The AGENT shall maintain such registry of owners of the Bonds until all the Bonds
have been fully paid and surrendered. The initial owner of each Bond as reflected in the registry
of owners shall not be changed except upon transfers of ownership and in accordance with
procedures set forth in the Bond Document or this Agreement.
5. Transfers of ownership of the Bonds shall be made by the AGENT as set forth in
the Bond Document. Absent specific guidelines in the Bond Document, transfers of ownership
of the Bonds shall be made by the AGENT only upon delivery to the AGENT of a properly
endorsed Bond or of a Bond accompanied by a properly endorsed transfer instrument,
accompanied by such documents as the AGENT may deem necessary to evidence the authority
of the person making the transfer, and satisfactory evidence of compliance with all applicable
laws relating to the collection of taxes. The AGENT reserves the right to refuse to transfer any
Bond until it is satisfied that each necessary endorsement is genuine and effective, and for that
purpose it may require guarantees of signatures in accordance with applicable rules of the
Securities and Exchange Commission and the standards and procedures of the AGENT, together
with such other assurances as the AGENT shall deem necessary or appropriate. The AGENT
shall incur no liability for delays in registering transfers as a result of inquiries into adverse
claims or for the refusal in good faith to make transfers which it, in its judgment, deems
improper or unauthorized. Upon presentation and surrender of any duly registered Bond and
satisfaction of the transferability requirements, the AGENT shall (a) cancel the surrendered
Bond; (b)register a new Bond(s) as directed in the same aggregate principal amount and
- 2 -
Page 185 of 249
maturity; (c) authenticate the new Bond(s); and (d) enter the transferee's name and address,
together with the certificate number of the new Bond(s), in its registry of owners.
6. The AGENT may deliver Bonds by first class, certified, or registered mail, or by
courier.
7. Ownership of,payment of the principal amount of, redemption premium, if any,
and interest due on the Bonds, delivery of notices, and for all other purposes shall be subject to
the provisions of the Bond Document. The AGENT shall have no responsibility to determine the
beneficial owners of any Bonds and shall owe no duties to any such beneficial owners. Upon
written request and reasonable notice from the ISSUER, the AGENT will mail, at the ISSUER's
expense, notices or other communications from the ISSUER to the holders of the Bonds as
recorded in the registry maintained by the AGENT.
8. Unless the Bond Document provides otherwise, the ISSUER shall, without notice
from or demand of the AGENT, provide to the AGENT funds that are immediately available at
least one business day prior to the relevant interest and/or principal payment date, sufficient to
pay on each interest payment date and each principal payment date, all interest and principal then
payable under the terms and provisions of the Bond Document and the Bonds. The AGENT
shall have no responsibility to make any such payments to the extent ISSUER has not provided
sufficient immediately available funds to AGENT on the relevant payment date. In the event
that an interest and/or principal payment date shall be a date that is not a business day,payment
may be made on the next succeeding business day and no interest shall accrue. The term
"business day" shall include all days except Saturdays, Sundays and legal holidays recognized by
the Federal Reserve Bank of Kansas City, Missouri.
9. Unless otherwise provided in the Bond Document and subject to the provisions of
Paragraph 12 hereof, to the extent that the ISSUER has made sufficient funds available to it, the
AGENT will pay to the record owners of the Bonds as of any record date (as specified in the
Bond certificate or Bond Document) the interest due thereon as of the related interest payment
date or any redemption date and, will pay upon presentation and surrender of such Bond at
maturity or earlier date of redemption to the owner of any Bond, the principal or redemption
amount of such Bond.
10. The AGENT may make a charge against any Bond owner sufficient for the
reimbursement of any governmental tax or other charge legally required to be withheld for any
reason, including,but not limited to, failure of such owner to provide a correct taxpayer
identification number to the AGENT. Such charge may be deducted from an interest or principal
payment due to such owner.
11. Unless payment of interest, principal, and redemption premium, if any, is made by
electronic transfer all payments will be made by check or draft and mailed to the address of the
owner as reflected on the registry of owners, or to such other address as directed in writing by
the owner.
12. Subject to the provisions of the Bond Document, the AGENT may pay at maturity
or redemption or issue new certificates to replace certificates represented to the AGENT to have
- 3 -
Page 186 of 249
been lost, destroyed, stolen or otherwise wrongfully taken, but may first may require the Bond
owner to pay a replacement fee, to furnish an affidavit of loss, and/or furnish either an indemnity
bond or other indemnification satisfactory to the AGENT indemnifying the ISSUER and the
AGENT.
13. The AGENT shall comply with the provisions, if any, of the Bond Document and
the rules of the Securities and Exchange Commission pertaining to the cancellation and retention
of Bond certificates and the periodic certification to the ISSUER of the cancellation of such
Bond certificates. In the event that the ISSUER requests in writing that the AGENT forward to
the ISSUER the cancelled Bond certificates, the ISSUER agrees to comply with the foregoing
described rules. The AGENT shall have no duty to retain any documents or records pertaining to
this Agreement, the Bond Document or the Bonds any longer than eleven years after final
maturity of the Bonds,unless otherwise required by the rules of the Securities and Exchange
Commission or other applicable law.
14. The records maintained by AGENT in connection with the Bonds shall remain
confidential records entitled to protection and confidentiality pursuant to Section 22.7(17), Code
of Iowa. AGENT agrees that its use of the records will be limited to the purposes of this
Agreement and that AGENT will make no private use or permit any private access thereto
without the prior written consent of the ISSUER, which shall not be unreasonably withheld.
15. The AGENT is authorized to act on the order, directions or instructions of such
officials as the governing body of ISSUER as the ISSUER by resolution or other proper action
shall designate. The AGENT shall be protected in acting upon any paper or document believed
by it to be genuine and to have been signed by the proper official(s), and the ISSUER shall
promptly notify AGENT in writing of any change in the identity or authority of officials
authorized to sign Bond certificates, written instructions or requests. If not so provided in the
Bond Document, if any official whose manual or facsimile signature appears on blank Bond
certificates shall die, resign or be removed from office or authority before the authentication of
such certificates by the Agent, the AGENT may nevertheless issue such certificates until
specifically directed to the contrary in writing by the ISSUER.
16. The AGENT shall provide notice(s)to the owners of the Bonds and such
depositories, banks,brokers, rating agencies, information services, repositories, or publications
as required by the terms of the Bond Document and to any other entities that request such
notice(s) and, if so directed in such other manner and to such other parties as the ISSUER shall
so direct in writing and at the expense of the ISSUER.
17. The ISSUER shall compensate the AGENT for the AGENT's ordinary services as
paying agent and registrar, and shall reimburse the AGENT for all ordinary out-of-pocket
expenses, charges, advances, counsel fees and other costs incurred in connection with the Bonds,
the Bond Document and this Agreement as set forth in the Exhibit A or as otherwise agreed to by
the ISSUER and AGENT in writing. In addition, should it become necessary for the AGENT to
perform extraordinary services, the AGENT shall be entitled to extra compensation therefor and
reimbursement for any out-of-pocket extraordinary costs and expenses, including,but not limited
to, attorneys' fees. AGENT shall use commercially reasonable efforts to provide notice to the
Issuer prior to performing extraordinary services or incurring such costs and expenses; provided,
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however, that AGENT's right to compensation hereunder shall not be affected by any failure to
provide such prior notice.
18. The AGENT may resign, or be removed by the ISSUER upon a date which,
unless otherwise waived by the other party, is (a) at least thirty days after the receipt of written
notice to the other and (b) in the case such notice is given by the AGENT, at least fifteen days
prior to the next succeeding principal or interest payment date. Upon the effective date of
resignation or removal, all obligations of the AGENT hereunder shall cease and terminate,but
AGENT shall not be discharged from any liability for actions taken as AGENT under this
Agreement prior to such resignation or removal. In the event of resignation or removal, the
AGENT shall deliver the registry of owners and all related books and records in accordance with
the written instructions of the ISSUER or any successor agent designated in writing by the
ISSUER within a reasonable period following the effective date of its removal or resignation.
19. Whenever in the performance of its duties as Agent hereunder, the Bond
Document or under the Bonds the AGENT shall deem it desirable that a matter be proved or
established prior to taking, suffering or omitting any action hereunder,under the Bond Document
or under the Bonds, the AGENT may consult with nationally recognized legal counsel in
accordance with its internal policies and procedures, including,but not limited to, legal counsel
for the ISSUER, with respect to any matter in connection with this Agreement and it shall not be
liable for any action taken or omitted by it in good faith in reliance upon the advice or opinion of
such counsel.
20. In the event that the Bond Document provides that the initial registered owner of
all of the Bond certificates is or may be the Depository Trust Company, or any other securities
depository or registered clearing agency qualified under the Securities and Exchange Act of
1934, as amended(a "Securities Depository"), none of the beneficial owners will receive
certificates representing their respective interest in the Bonds. Except to the extent provided
otherwise in the Bond Document, the following provisions shall apply:
(a) The registry of owners maintained by the AGENT will reflect as owner of the
Bonds only the Securities Depository or its nominee, until and unless the ISSUER
authorizes the delivery of Bond certificates to the beneficial owners as described in
subsection(d) below.
(b) It is anticipated that during the term of the Bonds, the Securities Depository will
make book-entry transfers among its participants and receive and transmit payments of
principal and interest on the Bonds to the participants, unless and until the ISSUER
authorizes the delivery of Bonds to the beneficial owners as described in subsection(d)
below.
(c) The ISSUER may at any time, in accordance with the Bond Document, select and
appoint a successor Securities Depository and shall notify the Agent of such selection and
appointment in writing.
(d) If the ISSUER determines that the holding of the Bonds by the Securities
Depository is no longer in the best interests of the beneficial owners of the Bonds, then
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the AGENT, at the written instruction and expense of the ISSUER, shall notify the
beneficial owners of the Bonds by first class mail of such determination and of the
availability of certificates to owners requesting the same. The AGENT shall register in
the names of and authenticate and deliver certificates representing their respective
interests in the Bonds to the beneficial owners or their nominees, in principal amounts
and maturities representing the interest of each, making such adjustments as it may find
necessary or appropriate as to accrued interest and previous calls for redemption. In such
event, all references to the Securities Depository herein shall relate to the period of time
when at least one Bond is registered in the name of the Securities Depository or its
nominee. For the purposes of this paragraph, the AGENT may conclusively rely on
information provided by the Securities Depository and its participants as to principal
amounts held by and the names and mailing addresses of the beneficial owners of the
Bonds, and shall not be responsible for any investigation to determine the beneficial
owners. The cost of printing certificates for the Bonds and expenses of the AGENT shall
be paid by the ISSUER.
21. The AGENT shall not be liable for any error in judgment in fulfilling its
obligations under this Agreement or the Bond Document that is made in good faith by an officer
or employee of the AGENT unless it shall be determined by a court of competent jurisdiction
that the AGENT was negligent in ascertaining the pertinent facts or acted intentionally in bad
faith. The AGENT shall not be under any obligation to prosecute or defend any action or suit in
connection with its duties under the Bond Document or this Agreement or in respect of the
Bonds, which, in its opinion, may involve it in expense or liability, unless satisfactory security
and indemnity is furnished to the Agent(except as may result from the AGENT's own
negligence or willful misconduct). The AGENT shall only be responsible for performing such
duties as are set forth herein, required by the Bond Document, or otherwise agreed to in writing
by the AGENT.
22. It is mutually understood and agreed that,unless otherwise provided in the Bonds
or Bond Document, this Agreement shall be governed by the laws of the State of Iowa, both as to
interpretation and performance.
23. The Bond Document and the terms thereof are hereby incorporated by reference
and the provisions of this Agreement are to be construed to be consistent with the Bond
Document. In the event of inconsistent language between the Bond Document and this
Agreement, the terms of the Bond Document shall prevail.
24. AGENT shall comply at all times with such rules, regulations, and requirements
as may govern the registration, transfer and payment of registered bonds including without
limitation Chapters 76 384, 403, and Section 554.8101 et seq. Code of Iowa and standards issued
from time to time by the Municipal Securities Rulemaking Board of the United States and any
other securities industry standard and the requirements of the Internal Revenue Code of 1986.
25. In the event any payment check representing payment of interest or principal on
the Bonds is returned to the AGENT or is not presented for payment, or if any Bond is not
presented for payment of principal or premium, if any, at the maturity or redemption date, if
funds sufficient to pay such interest on Bonds shall have been made available to the AGENT for
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the benefit of the owner thereof, all liability of the ISSUER to the owner thereof for such interest
or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and
thereupon it shall be the duty of the AGENT to hold such funds,without liability for interest
thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively
to such funds for any claim of whatever nature on his part under this Agreement or on, or with
respect to, such interest or Bonds. The AGENT'S obligation to hold such funds shall continue
for a period equal to two years and six months following the date on which such interest or
principal became due, whether at maturity, or at the date fixed for redemption thereof, or
otherwise, at which time the AGENT, shall surrender any remaining funds so held to the
ISSUER, whereupon any claim under this Agreement by the Bond owners of such interest or
Bonds of whatever nature shall be made upon the ISSUER.
26. It is understood and agreed by the parties that if any part, term, or provision of
this Agreement is held by the courts to be illegal or in conflict with any applicable law,
regulation or rule, the validity of the remaining portions or provisions shall not be affected, and
the rights and obligations of the parties shall be construed and enforced as if the Agreement did
not contain the particular part, term, or provision held to be invalid.
27. This Agreement shall be binding upon the respective parties hereto and their
heirs, executors, successors or assigns. If AGENT consolidates, merges or converts into, or
transfers all or substantially all of its corporate trust business (including this Agreement)to
another corporation which is a transfer agent properly registered with and in compliance with the
rules of the Securities and Exchange Commission, AGENT shall provide written notice to
ISSUER of such event at least sixty(60) days prior to its becoming effective, and the successor
corporation without any further act shall be the successor AGENT. Except as provided in this
section this Agreement may not be assigned by any party without the written consent of the other
party.
28. All notices, demands, and requests required or permitted to be given to the
ISSUER or AGENT under the provisions hereof must be in writing and shall be deemed to have
been sufficiently given, upon receipt if(i)personally delivered, (ii) sent by telecopy and
confirmed by phone or(iii) mailed by registered or certified mail, with return receipt requested,
delivered as follows:
If to AGENT: UMB Bank,N.A.
Attn: Corporate Trust& Escrow Services
7155 Lake Drive, Suite 120
West Des Moines, Iowa 50266
If to ISSUER: City of Waterloo
City Clerk
715 Mulberry
Waterloo, Iowa 50703
29. The parties hereto agree that the transactions described herein may be conducted
and related documents may be sent, received or stored by electronic means. Copies, telecopies,
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facsimiles, electronic files and other reproductions of original executed documents shall be
deemed to be authentic and valid counterparts of such original documents for all purposes,
including the filing of any claim, action or suit in the appropriate court of law.
30. In order to comply with provisions of the USA PATRIOT Act of 2001, as
amended from time to time, and the Bank Secrecy Act, as amended from time to time, the
AGENT may request certain information and/or documentation to verify confirm and record
identification of persons or entities who are parties to this Agreement.
31. If the Bonds are eligible for receipt of any U.S. Treasury Interest Subsidy and if
so directed by the Bond Document or, as agreed to in writing between the ISSUER and the
AGENT, the AGENT shall comply with the provisions, if any, relating to it as described in the
Bond Document or as otherwise agreed upon in writing between the ISSUER and the AGENT.
The AGENT shall not be responsible for completion of or the actual filing of Form 8038-CP (or
any successor form)with the IRS or any payment from the United States Treasury in accordance
with §§ 54AA and 6431 of the Code.
IN WITNESS WHEREOF,the parties hereto have, by their duly authorized
signatories, set their respective hands and seals as of this day of
2021.
CITY OF WATERLOO,
STATE OF IOWA, ISSUER
By:
Quentin Hart, Mayor
ATTEST:
By:
Kelley Felchle, City Clerk
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UMB BANK N.A., as PAYING
AGENT/REGISTRAR
By:
ATTEST:
By: (Title)
(Title)
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EXHIBIT A
Paying Agent/Registrar's Fee
01974226-1\11310-144
Page 193 of 249
ITEMS TO INCLUDE ON AGENDA
CITY OF WATERLOO, IOWA
$14,075,000 Taxable General Obligation Urban Renewal Bonds, Series 2022A
Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving
the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing
the Execution of the Agreement.
Resolution authorizing and providing for the issuance, and levying a tax to pay the
Bonds; Approval of the Continuing Disclosure Certificate.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
Page 194 of 249
December 20, 2021
The City Council of the City of Waterloo, State of Iowa, met in
session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at
.M., on the above date. There were present Mayor Quentin Hart, in the chair,
and the following named Council Members:
Absent:
Vacant:
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Council Member introduced the following resolution entitled
"RESOLUTION APPOINTING UMB BANK, N.A. OF WEST DES MOINES, IOWA, TO
SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANSFER AGENT,
APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT
AGREEMENT AND AUTHORIZING THE EXECUTION OF THE AGREEMENT", and
moved that the resolution be adopted. Council Member seconded the
motion to adopt. The roll was called and the vote was,
AYES:
NAYS:
Whereupon, the Mayor declared said Resolution duly adopted as follows:
RESOLUTION APPOINTING UMB BANK,N.A. OF WEST
DES MOINES, IOWA, TO SERVE AS PAYING AGENT, BOND
REGISTRAR, AND TRANSFER AGENT, APPROVING THE
PAYING AGENT AND BOND REGISTRAR AND TRANSFER
AGENT AGREEMENT AND AUTHORIZING THE
EXECUTION OF THE AGREEMENT
WHEREAS, $14,075,000 Taxable General Obligation Urban Renewal Bonds, Series
2022A, dated January 4, 2022, have been sold and action should now be taken to provide for the
maintenance of records, registration of certificates and payment of principal and interest in
connection with the issuance of the Bonds; and
WHEREAS, this Council has deemed that the services offered by UMB Bank,N.A. of
West Des Moines, Iowa, are necessary for compliance with rules, regulations, and requirements
governing the registration, transfer and payment of registered bonds; and
WHEREAS, a Paying Agent, Bond Registrar and Transfer Agent Agreement(hereafter
"Agreement")has been prepared to be entered into between the City and UMB Bank,N.A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WATERLOO, STATE OF IOWA:
1. That UMB Bank,N.A. of West Des Moines, Iowa, is hereby appointed to serve as
Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of
$14,075,000 Taxable General Obligation Urban Renewal Bonds, Series 2022A, dated January 4,
2022.
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2. That the Agreement with UMB Bank,N.A. of West Des Moines, Iowa, is hereby
approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the
City.
PASSED AND APPROVED this 20th day of December, 2021.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
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Council Member introduced the following Resolution entitled
"RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $14,075,000
TAXABLE GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2022A, AND
LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE CONTINUING
DISCLOSURE CERTIFICATE" and moved that it be adopted. Council Member
seconded the motion to adopt, and the roll being called thereon, the
vote was as follows:
AYES:
NAYS:
Whereupon, the Mayor declared said Resolution duly adopted as follows:
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $14,075,000 TAXABLE GENERAL
OBLIGATION URBAN RENEWAL BONDS, SERIES 2022A,
AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL
OF THE CONTINUING DISCLOSURE CERTIFICATE
WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of
the laws and Constitution of the State of Iowa; and
WHEREAS, the Issuer is in need of funds to pay costs of aiding in the planning,
undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and
the Urban Renewal Plan for the San Marnan Urban Renewal and Redevelopment Plan Area, as
amended from time to time, including those costs associated with the acquisition of properties
and financing one or more Economic Development Grants to private developers to fund the
acquisition, construction, and equipping of a recreational theme park, essential corporate urban
renewal purpose project(s), and it is deemed necessary and advisable that the City issue Taxable
General Obligation Urban Renewal Bonds, for such purpose(s) to the amount of Not to Exceed
$14,500,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and
WHEREAS,pursuant to notice published as required by Sections 384.24(3)(q), 384.25
and 403.12 of the Code of Iowa this Council has held a public meeting and hearing upon the
proposal to institute proceedings for the issuance of said Bonds, and all objections, if any, to
such Council action made by any resident or property owner of the City were received and
considered by the Council; and no petition having been filed, it is the decision of the Council that
additional action be taken for the issuance of said Bonds for such purpose(s), and that such
action is considered to be in the best interests of the City and the residents thereof; and
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WHEREAS,pursuant to the provisions of Chapter 75 of the Code of Iowa, the above
mentioned Bonds were heretofore sold at public sale and action should now be taken to issue
said Bonds conforming to the terms and conditions of the best bid received at the advertised
public sale.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WATERLOO, STATE OF IOWA:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by necessary implication requires otherwise:
• "Authorized Denominations" shall mean $5,000 or any integral multiple
thereof.
• "Beneficial Owner" shall mean, whenever used with respect to a Bond, the
person in whose name such Bond is recorded as the beneficial owner of such Bond by a
Participant on the records of such Participant or such person's subrogee.
• "Blanket Issuer Letter of Representations" shall mean the Representation
Letter from the Issuer to DTC, with respect to the Bonds.
• "Bond Fund" shall mean the fund created in Section 3 of this Resolution.
• "Bonds" shall mean $14,075,000 Taxable General Obligation Urban
Renewal Bonds, Series 2022A, authorized to be issued by this Resolution.
• "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any
successor nominee of DTC with respect to the Bonds.
• "Continuing Disclosure Certificate" shall mean that certain Continuing
Disclosure Certificate approved under the terms of this Resolution and to be executed by
the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed
and as it may be amended from time to time in accordance with the terms thereof.
• "Depository Bonds " shall mean the Bonds as issued in the form of one
global certificate for each maturity, registered in the Registration Books maintained by
the Registrar in the name of DTC or its nominee.
• "DTC" shall mean The Depository Trust Company,New York,
New York, which will act as security depository for the Bond pursuant to the
Representation Letter.
• "Issuer" and "City" shall mean the City of Waterloo, State of Iowa.
• "Participants" shall mean those broker-dealers,banks and other financial
institutions for which DTC holds Bonds as securities depository.
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• "Paying Agent" shall mean UMB Bank,N.A., or such successor as may be
approved by Issuer as provided herein and who shall carry out the duties prescribed
herein as Issuer's agent to provide for the payment of principal of and interest on the
Bonds as the same shall become due.
• "Project" shall mean the costs of aiding in the planning, undertaking and
carrying out of urban renewal projects under the authority of Chapter 403 and the Urban
Renewal Plan for the San Marnan Redevelopment Area, as amended from time to time,
including those costs associated with acquisition of properties and financing one or more
Economic Development Grants to private developers to fund the acquisition,
construction, and equipping of a recreational theme park.
• "Project Fund" shall mean the fund required to be established by this
Resolution for the deposit of the proceeds of the Bonds.
• "Registrar" shall mean UMB Bank,N.A. of West Des Moines, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall carry out
the duties prescribed herein with respect to maintaining a register of the owners of the
Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the
Bonds.
• "Resolution" shall mean this resolution authorizing the Bonds.
• "Treasurer" shall mean the Chief Financial Officer or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording and
payment of the Bonds issued hereunder.
Section 2. Levy and Certification of Annual Tax; Other Funds to be Used.
a) Levy of Annual Tax. That for the purpose of providing funds to pay the
principal and interest of the Bonds hereinafter authorized to be issued, there is hereby
levied for each future year the following direct annual tax on all of the taxable property in
the City of Waterloo, State of Iowa, to-wit:
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FISCAL YEAR(JULY I TO JUNE 30)
AMOUNT YEAR OF COLLECTION
$1,152,763.23 2022/2023
$1,327,887.50 2023/2024
$1,317,187.50 2024/2025
$1,511,287.50 2025/2026
$401,087.50 2026/2027
$427,587.50 2027/2028
$518,487.50 2028/2029
$677,487.50 2029/2030
$823,187.50 2030/2031
$995,787.50 2031/2032
$989,687.50 2032/2033
$993,387.50 2033/2034
$985,852.50 2034/2035
$907,262.50 2035/2036
$904,207.50 2036/2037
$900,007.50 2037/2038
$900,040.00 2038/2039
$894,165.00 2039/2040
$887,490.00 2040/2041
(NOTE: For example the levy to be made and certified against the taxable valuations of
January 1, 2022 will be collected during the fiscal year commencing July 1, 2023.)
b) Resolution to be Filed With County Auditor. A certified copy of this
Resolution shall be filed with the Auditor of Black Hawk County, Iowa and the Auditor
is hereby instructed in and for each of the years as provided, to levy and assess the tax
hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied
and assessed, and such taxes so levied in and for each of the years aforesaid be collected
in like manner as other taxes of the City are collected, and when collected be used for the
purpose of paying principal and interest on said Bonds issued in anticipation of the tax,
and for no other purpose whatsoever.
c) Additional City Funds Available. Principal and interest coming due at any
time when the proceeds of said tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City available for that purpose and
reimbursement shall be made from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be assessed and collected each year at the same
time and in the same manner as, and in addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within the Debt Service Fund to be known
as the "2022 GENERAL OBLIGATION BOND FUND NO. 1" (the 'Bond Fund"), which is
hereby pledged for and shall be used only for the payment of the principal of and interest on the
Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its
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proportion of taxes received by the City from property that is centrally assessed by the State of
Iowa.
Section 4. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued
interest except as may be provided below, shall be credited to the Project Fund and expended
therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be
available for the payment of the principal of or interest on the Bonds at any time that other funds
shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund
at the earliest opportunity. Any balance on hand in the Project Fund and not immediately
required for its purposes may be invested not inconsistent with limitations provided by law or
this Resolution.
Section 5. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund,
provided for by Section 3 of this Resolution shall be invested in investments permitted by
Chapter 12B, Code of Iowa, 2021, as amended, or deposited in financial institutions which are
members of the Federal Deposit Insurance Corporation and the deposits in which are insured
thereby and all such deposits exceeding the maximum amount insured from time to time by
FDIC or its equivalent successor in any one financial institution shall be continuously secured in
compliance with Chapter 12C of the Code of Iowa, 2021, as amended, or otherwise by a valid
pledge of direct obligations of the United States Government having an equivalent market value.
All such interim investments shall mature before the date on which the moneys are required for
payment of principal of or interest on the Bonds as herein provided.
Section 6. Bond Details, Execution and Redemption.
a) Bond Details. Taxable General Obligation Urban Renewal Bonds of the City
in the amount of$14,075,000, shall be issued pursuant to the provisions of Sections
384.25 and 403.12 of the Code of Iowa for the aforesaid purposes. The Bonds shall be
designated "TAXABLE GENERAL OBLIGATION URBAN RENEWAL BOND,
SERIES 2022A", be dated January 4, 2022, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said interest payable on December 1,
2022, and semiannually thereafter on the 1 st day of June and December in each year until
maturity at the rates hereinafter provided.
The Bonds shall be executed by the manual or facsimile signature of the Mayor
and attested by the manual or facsimile signature of the Clerk, and impressed or printed
with the seal of the City and shall be fully registered as to both principal and interest as
provided in this Resolution; principal, interest and premium, if any, shall be payable at
the office of the Paying Agent by mailing of a check to the registered owner of the Bond.
The Bonds shall be in the denomination of$5,000 or multiples thereof. The Bonds shall
mature and bear interest as follows:
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Principal Interest Maturity
Amount Rate June I st
$720,000 2.000% 2023
$1,035,000 2.000% 2024
$1,045,000 2.000% 2025
$1,260,000 2.000% 2026
$175,000 2.000% 2027
$205,000 2.000% 2028
$300,000 2.000% 2029
$465,000 2.000% 2030
$620,000 2.000% 2031
$805,000 2.000% 2032
$815,000 2.000% 2033
$835,000 2.100% 2034
$845,000 2.200% 2035
$785,000 2.300% 2036
$800,000 2.400% 2037
$815,000 2.450% 2038
$835,000 2.500% 2039
$850,000 2.550% 2040
$865,000 2.600% 2041
b) Redemption.
i. Optional Redemption. Bonds maturing after June 1, 2030, may be
called for optional redemption by the Issuer on that date or any date thereafter,
from any funds regardless of source, in whole or from time to time in part, in any
order of maturity and within an annual maturity by lot. The terms of redemption
shall be par, plus accrued interest to date of call.
Thirty days'written notice of redemption shall be given to the registered
owner of the Bond. Failure to give written notice to any registered owner of the
Bonds or any defect therein shall not affect the validity of any proceedings for the
redemption of the Bonds. All Bonds or portions thereof called for redemption
will cease to bear interest after the specified redemption date, provided funds for
their redemption are on deposit at the place of payment. Written notice will be
deemed completed upon transmission to the owner of record.
If selection by lot within a maturity is required, the Registrar shall
designate the Bonds to be redeemed by random selection of the names of the
registered owners of the entire annual maturity until the total amount of Bonds to
be called has been reached.
If less than all of a maturity is called for redemption, the Issuer will notify
DTC of the particular amount of such maturity to be redeemed prior to maturity.
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DTC will determine by lot the amount of each Participant's interest in such
maturity to be redeemed and each Participant will then select by lot the beneficial
ownership interests in such maturity to be redeemed. All prepayments shall be at
a price of par plus accrued interest.
c) Urban Renewal Purposes.
The Bonds are hereby declared to be issued for essential public and governmental
purposes for qualified urban renewal projects.
The Bonds shall recite in substance that they have been issued by the City in
connection with an urban renewal project as defined by Chapter 403 of the Code of Iowa,
and in any suit, action or proceeding involving the validity or enforceability of any bond
issued hereunder or the security therefor, such Bond shall be conclusively deemed to
have been issued for such purpose and such project shall be conclusively deemed to have
been planned, located and carried out in accordance with the provisions of Chapter 403 of
the Code of Iowa.
Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds.
a)Notwithstanding the other provisions of this Resolution regarding registration,
ownership, transfer, payment and exchange of the Bonds,unless the Issuer determines to
permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the
Bonds shall be issued as Depository Bonds in denominations of the entire principal
amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid,
said principal amount less the prepaid amount). The Bonds must be registered in the
name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any
Bonds registered in the name of Cede & Co. will be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the interest
payment date for the Bonds at the address indicated or in the Representation Letter.
b) The Bonds will be initially issued in the form of separate single authenticated
fully registered bonds in the amount of each stated maturity of the Bonds. Upon initial
issuance, the ownership of the Bonds will be registered in the registry books of the UMB
Bank,N.A. kept by the Paying Agent and Registrar in the name of Cede & Co., as
nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its
nominee) as the sole and exclusive owner of the Bonds registered in its name for the
purposes of payment of the principal or redemption price of or interest on the Bonds,
selecting the Bonds or portions to be redeemed, giving any notice permitted or required
to be given to registered owners of Bonds under the Resolution of the Issuer, registering
the transfer of Bonds, obtaining any consent or other action to be taken by registered
owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer
have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds
under or through DTC with respect to the accuracy of records maintained by DTC or any
Participant; with respect to the payment by DTC or Participant of an amount of principal
or redemption price of or interest on the Bonds; with respect to any notice given to
owners of Bonds under the Resolution; with respect to the Participant(s) selected to
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receive payment in the event of a partial redemption of the Bonds, or a consent given or
other action taken by DTC as registered owner of the Bonds. The Paying Agent and
Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to
Cede & Co. in accordance with the Representation Letter, and all payments are valid and
effective to fully satisfy and discharge the Issuer's obligations with respect to the
principal of and premium, if any, and interest on the Bonds to the extent of the sum paid.
DTC must receive an authenticated Bond for each separate stated maturity evidencing the
obligation of the Issuer to make payments of principal of and premium, if any, and
interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice that
DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will
be transferable to the new nominee in accordance with this Section.
c) In the event the Issuer determines that it is in the best interest of the Beneficial
Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the
Paying Agent and Registrar, whereupon DTC will notify the Participants, of the
availability through DTC of Bonds certificates. The Bonds will be transferable in
accordance with this Section. DTC may determine to discontinue providing its services
with respect to the Bonds at any time by giving notice to the Issuer and the Paying Agent
and Registrar and discharging its responsibilities under applicable law. In this event, the
Bonds will be transferable in accordance with this Section.
d)Notwithstanding any other provision of the Resolution to the contrary, so long
as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments
with respect to the principal of and premium, if any, and interest on the Bond and all
notices must be made and given, respectively to DTC as provided in the Representation
letter.
e) In connection with any notice or other communication to be provided to
Bondholders by the Issuer or the Paying Agent and Registrar with respect to a consent or
other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as
the case may be, shall establish a record date for the consent or other action and give
DTC notice of the record date not less than 15 calendar days in advance of the record
date to the extent possible. Notice to DTC must be given only when DTC is the sole
Bondholder.
f) The Representation Letter is on file with DTC and sets forth certain matters
with respect to, among other things, notices, consents and approvals by Bondholders and
payments on the Bonds. The execution and delivery of the Representation Letter to DTC
by the Issuer is ratified and confirmed.
g) In the event that a transfer or exchange of the Bonds is permitted under this
Section, the transfer or exchange may be accomplished upon receipt by the Registrar
from the registered owners of the Bonds to be transferred or exchanged and appropriate
instruments of transfer. In the event Bond certificates are issued to holders other than
Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other
securities depository as holder of all the Bonds, the provisions of the Resolution apply to,
among other things, the printing of certificates and the method or payment of principal of
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and interest on the certificates. Any substitute depository shall be designated in writing
by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and
registered "clearing agency" as provided in Section 17A of the Securities Exchange Act
of 1934, as amended. The substitute depository shall provide for(i) immobilization of
the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by
book entries made on records of the depository or its nominee and(iii)payment of
principal of, premium, if any, and interest on the Bonds in accordance with and as such
interests may appear with respect to such book entries.
h) The officers of the Issuer are authorized and directed to prepare and furnish to
the purchaser, and to the attorneys approving the legality of Bonds, certified copies of
proceedings, ordinances, resolutions and records and all certificates and affidavits and
other instruments as may be required to evidence the legality and marketability of the
Bonds, and all certified copies, certificates, affidavits and other instruments constitute
representations of the Issuer as to the correctness of all stated or recited facts.
Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership;
Delivery; and Cancellation.
a) Registration. The ownership of Bonds may be transferred only by the making
of an entry upon the books kept for the registration and transfer of ownership of the
Bonds, and in no other way. UMB Bank, N.A. is hereby appointed as Bond Registrar
under the terms of this Resolution and under the provisions of a separate agreement with
the Issuer filed herewith which is made a part hereof by this reference. Registrar shall
maintain the books of the Issuer for the registration of ownership of the Bonds for the
payment of principal of and interest on the Bonds as provided in this Resolution. All
Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and
Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer
contained in the Bonds and in this Resolution.
b) Transfer. The ownership of any Bond may be transferred only upon the
Registration Books kept for the registration and transfer of Bonds and only upon
surrender thereof at the office of the Registrar together with an assignment duly executed
by the holder or his duly authorized attorney in fact in such form as shall be satisfactory
to the Registrar, along with the address and social security number or federal employer
identification number of such transferee (or, if registration is to be made in the name of
multiple individuals, of all such transferees). In the event that the address of the
registered owner of a Bond(other than a registered owner which is the nominee of the
broker or dealer in question) is that of a broker or dealer, there must be disclosed on the
Registration Books the information pertaining to the registered owner required above.
Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or
denominations permitted by this Resolution in aggregate principal amount equal to the
unmatured and unredeemed principal amount of such transferred fully registered Bond,
and bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
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c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the
Registrar shall register, at the earliest practicable time, on the Registration Books, the
Bonds, in accordance with the provisions of this Resolution.
d) Ownership. As to any Bond, the person in whose name the ownership of the
same shall be registered on the Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes, and payment of or on account of
the principal of any such Bonds and the premium, if any, and interest thereon shall be
made only to or upon the order of the registered owner thereof or his legal representative.
All such payments shall be valid and effectual to satisfy and discharge the liability upon
such Bond, including the interest thereon, to the extent of the sum or sums so paid.
e) Cancellation. All Bonds which have been redeemed shall not be reissued but
shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall
be destroyed and a certificate of the destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled
Bonds to the Issuer.
f) Non-Presentment of Bonds. In the event any payment check, wire, or
electronic transfer of funds representing payment of principal of or interest on the Bonds
is returned to the Paying Agent or if any bond is not presented for payment of principal at
the maturity or redemption date, if funds sufficient to pay such principal of or interest on
Bonds shall have been made available to the Paying Agent for the benefit of the owner
thereof, all liability of the Issuer to the owner thereof for such interest or payment of such
Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it
shall be the duty of the Paying Agent to hold such funds, without liability for interest
thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted
exclusively to such funds for any claim of whatever nature on his part under this
Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's
obligation to hold such funds shall continue for a period equal to two years and six
months following the date on which such interest or principal became due, whether at
maturity, or at the date fixed for redemption thereof, or otherwise, at which time the
Paying Agent shall surrender any remaining funds so held to the Issuer, whereupon any
claim under this Resolution by the Owners of such interest or Bonds of whatever nature
shall be made upon the Issuer.
g) Registration and Transfer Fees. The Registrar may furnish to each owner, at
the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish
additional Bonds in lesser denominations (but not less than the minimum denomination)
to an owner who so requests.
Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any
outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the
request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so
mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to
Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and
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Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and
upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such
other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as
the Issuer may incur in connection therewith.
Section 10. Record Date. Payments of principal and interest, otherwise than upon full
redemption, made in respect of any Bond, shall be made to the registered holder thereof or to
their designated agent as the same appear on the books of the Registrar on the 15th day of the
month preceding the payment date. All such payments shall fully discharge the obligations of
the Issuer in respect of such Bonds to the extent of the payments so made. Upon receipt of the
final payment of principal, the holder of the Bond shall surrender the Bond to the Paying Agent.
Section 11. Execution, Authentication and Delivery of the Bonds. Upon the adoption of
this Resolution, the Mayor and Clerk shall execute the Bonds by their manual or authorized
signature and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the
same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or
shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and
execute on such Bond a Certificate of Authentication substantially in the form of the Certificate
herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be
conclusive evidence that the Bond so authenticated has been duly issued under this Resolution
and that the holder thereof is entitled to the benefits of this Resolution.
No Bonds shall be authenticated and delivered by the Registrar unless and until there
shall have been provided the following:
1. A certified copy of the Resolution of Issuer authorizing the issuance of the Bonds;
2. A written order of Issuer signed by the Treasurer of the Issuer directing the
authentication and delivery of the Bonds to or upon the order of the Purchaser
upon payment of the purchase price as set forth therein;
3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, concerning the
validity and legality of all the Bonds proposed to be issued.
Section 12. Right to Name Substitute Pa. iyg Agent or Re isg tray. Issuer reserves the right
to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to
each registered bondholder.
Section 13. Form of Bond. Bonds shall be printed substantially in the form as follows:
"STATE OF IOWA"
"COUNTY OF BLACK HAWK"
"CITY OF WATERLOO"
"TAXABLE GENERAL OBLIGATION URBAN RENEWAL BOND"
"SERIES 2022A"
ESSENTIAL CORPORATE URBAN RENEWAL PURPOSE
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Page 208 of 249
Rate:
Maturity:
Bond Date: January 4, 2022
CUSIP No.:
"Registered"
Certificate No.
Principal Amount: $
The City of Waterloo, State of Iowa, a municipal corporation organized and existing
under and by virtue of the Constitution and laws of the State of Iowa(the "Issuer"), for value
received,promises to pay from the source and as hereinafter provided, on the maturity date
indicated above, to
(Registration panel to be completed by Registrar or Printer with name of Registered
Owner).
or registered assigns, the principal sum of(enter principal amount in long form) THOUSAND
DOLLARS in lawful money of the United States of America, on the maturity date shown above,
only upon presentation and surrender hereof at the office of UMB Bank,N.A., Paying Agent of
this issue, or its successor, with interest on the sum from the date hereof until paid at the rate per
annum specified above, payable on December 1, 2022, and semiannually thereafter on the 1st
day of June and December in each year.
Interest and principal shall be paid to the registered holder of the Bond as shown on the
records of ownership maintained by the Registrar as of the 15th day of the month preceding such
interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-
day months.
THE HOLDERS OF THE BONDS SHOULD TREAT THE INTEREST AS
SUBJECT TO FEDERAL INCOME TAXATION.
This Bond is issued pursuant to the provisions of Sections 384.24(3)(q), 384.25 and
403.12 of the Code of Iowa, for the purpose of paying costs of aiding in the planning,
undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and
the Urban Renewal Plan for the San Martian Redevelopment Area, as amended from time to
time, including those costs associated with acquisition of properties and financing one or more
Economic Development Grants to private developers to fund the acquisition, construction, and
equipping of a recreational theme park, in conformity to a Resolution of the Council of said City
duly passed and approved.
Unless this certificate is presented by an authorized representative of The Depository
Trust Company, a limited purpose trust company("DTC"), to the Issuer or its agent for
registration of transfer, exchange or payment, and any certificate issued is registered in the name
of Cede & Co. or such other name as requested by an authorized representative of DTC (and any
payment is made to Cede & Co. or to such other Issuer as is requested by an authorized
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Page 209 of 249
representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE
OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered
owner hereof, Cede & Co., has an interest herein.
Bonds maturing after June 1, 2030, may be called for optional redemption by the Issuer
and paid before maturity on said date or any date thereafter, from any funds regardless of source,
in whole or from time to time in part, in any order of maturity and within an annual maturity by
lot. The terms of redemption shall be par, plus accrued interest to date of call.
Thirty days'written notice of redemption shall be given to the registered owner of the
Bond. Failure to give written notice to any registered owner of the Bonds or any defect therein
shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or
portions thereof called for redemption will cease to bear interest after the specified redemption
date, provided funds for their redemption are on deposit at the place of payment. Written notice
will be deemed completed upon transmission to the owner of record.
If selection by lot within a maturity is required, the Registrar shall designate the Bonds to
be redeemed by random selection of the names of the registered owners of the entire annual
maturity until the total amount of Bonds to be called has been reached.
If less than all of a maturity is called for redemption, the Issuer will notify DTC of the
particular amount of such maturity to be redeemed prior to maturity. DTC will determine by lot
the amount of each Participant's interest in such maturity to be redeemed and each Participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed. All
prepayments shall be at a price of par plus accrued interest.
Ownership of this Bond may be transferred only by transfer upon the books kept for such
purpose by UMB Bank,N.A., the Registrar. Such transfer on the books shall occur only upon
presentation and surrender of this Bond at the office of the Registrar as designated below,
together with an assignment duly executed by the owner hereof or his duly authorized attorney in
the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the
Registrar and Paying Agent but shall, however,promptly give notice to registered Bondholders
of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform
Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for
registration and transfer contained in the Bond Resolution.
This Bond and the series of which it forms has been issued by the City in connection with
an urban renewal project as defined in Chapter 403 of the Code of Iowa, and in any suit, action
or proceeding involving the validity or enforceability of any bond issued hereunder or the
security therefor, such Bond shall be conclusively deemed to have been issued for such purpose
and such project shall be conclusively deemed to have been planned, located and carried out in
accordance with the provisions of Chapter 403 of the Code of Iowa.
And it is hereby represented and certified that all acts, conditions and things requisite,
according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to
be performed precedent to the lawful issue of this Bond,have been existent, had, done and
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Page 210 of 249
performed as required by law; that provision has been made for the levy of a sufficient
continuing annual tax on all the taxable property within the territory of the Issuer for the payment
of the principal and interest of this Bond as the same will respectively become due; that such
taxes have been irrevocably pledged for the prompt payment hereof, both principal and interest;
and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or
statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be
signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile
signature of its City Clerk, with the seal of the City printed or impressed hereon, and to be
authenticated by the manual signature of an authorized representative of the Registrar, UMB
Bank,N.A., West Des Moines, Iowa.
Date of authentication:
This is one of the Bonds described in the within mentioned
Resolution, as registered by UMB Bank,N.A.
UMB BANK,N.A., Registrar
By:
Authorized Signature
Registrar and Transfer Agent: UMB Bank,N.A.
Paying Agent: UMB Bank,N.A.
SEE REVERSE FOR CERTAIN DEFINITIONS
(Seal)
(Signature Block)
CITY OF WATERLOO, STATE OF IOWA
By: (manual or facsimile signature)
Mayor
ATTEST:
By: manual or facsimile signature)
City Clerk
(Information Required for Registration)
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Page 211 of 249
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No. ) the
within Bond and does hereby irrevocably constitute and appoint
attorney in fact to transfer the said Bond on the books kept for registration of the within Bond,
with full power of substitution in the premises.
Dated:
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s)to this Power must correspond with the name(s) as written upon the face
of the certificate(s) or bond(s) in every particular without alteration or enlargement or any
change whatever. Signature guarantee must be provided in accordance with the
prevailing standards and procedures of the Registrar and Transfer Agent. Such standards
and procedures may require signature to be guaranteed by certain eligible guarantor
institutions that participate in a recognized signature guarantee program.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax Identification
Number of Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust
*If the Bond is to be registered in the names of multiple individual owners, the names of all such
owners and one address and social security number must be provided.
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN- as joint tenants with rights of survivorship and not as tenants in common
- 18 -
Page 212 of 249
IA UNIF TRANS MIN ACT - .......... Custodian ..........
(Cust) (Minor)
Under Iowa Uniform Transfers to Minors Act...................
(State)
ADDITIONAL ABBREVIATIONS MAY
ALSO BE USED THOUGH NOT IN THE ABOVE LIST
(End of form of Bond)
Section 14. Closing Documents. The Mayor and City Clerk are authorized and directed
to execute, attest, seal and deliver for and on behalf of the City any other additional certificates,
documents, or other papers and perform all other acts, including without limitation the execution
of all closing documents, as they may deem necessary or appropriate in order to implement and
carry out the intent and purposes of this Resolution.
Section 15. Contract Between Issuer and Purchaser. This Resolution constitutes a
contract between said City and the purchaser of the Bonds.
Section 16. Continuing Disclosure. The Issuer hereby covenants and agrees that it will
comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the
provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part
of this Resolution and made a part hereof. Notwithstanding any other provision of this
Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not
be considered an event of default under this Resolution; however, any holder of the Bonds or
Beneficial Owner may take such actions as may be necessary and appropriate, including seeking
specific performance by court order, to cause the Issuer to comply with its obligations under the
Continuing Disclosure Certificate. For purposes of this section, 'Beneficial Owner" means any
person which (a)has the power, directly or indirectly, to vote or consent with respect to, or to
dispose of ownership of, any Bond (including persons holding Bonds through nominees,
depositories or other intermediaries), or(b) is treated as the owner of any Bonds for federal
income tax purposes.
Section 17. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed.
Section 18. Severability Clause. If any section, paragraph, clause or provision of this
Resolution be held invalid, such invalidity shall not affect any of the remaining provisions
hereof, and this Resolution shall become effective immediately upon its passage and approval.
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Page 213 of 249
PASSED AND APPROVED this 201h day of December, 2021.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
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Page 214 of 249
CERTIFICATE
STATE OF IOWA )
) SS
COUNTY OF BLACK HAWK )
I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the records of the City showing
proceedings of the Council, and the same is a true and complete copy of the action taken by the
Council with respect to the matter at the meeting held on the date indicated in the attachment,
which proceedings remain in full force and effect, and have not been amended or rescinded in
any way; that meeting and all action thereat was duly and publicly held in accordance with a
notice of meeting and tentative agenda, a copy of which was timely served on each member of
the Council and posted on a bulletin board or other prominent place easily accessible to the
public and clearly designated for that purpose at the principal office of the Council pursuant to
the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable
advance notice to the public and media at least twenty-four hours prior to the commencement of
the meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending,prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this day of
2021.
Kelley Felchle, City Clerk, City of Waterloo,
State of Iowa
(SEAL)
01973351-1\11310-144
Page 215 of 249
CITY OF WATERLOO
Council Communication
Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds and Approval of the
Continuing Disclosure Certificate, in conjunction with the $14,075,000 General Obligation Bonds, Taxable
Series 2022A, and authorizing the Mayor and City Clerk to execute said documents.
City Council Meeting: 1/3/2022
Prepared: 12/28/2021
ATTACHMENTS:
Description Type
❑ Letter of Instruction Backup Material
❑ Continuing Disclosure Certificate Backup Material
Resolution authorizing and providing for the issuance and levying a tax to
nay ay the Bonds and Approval of the Continuing Disclosure Certificate, in
conjunction with the $14,075,000 General Obligation Bonds, Taxable Series
2022A, and authorizing the Mayor and City Clerk to execute said documents.
Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer
These resolutions are necessary to complete the issuance of the bonds that
were sold December 1, 2021.
Summary Statement: The Continuing Disclosure Certificate requires the City to provide annual
financial information to the Municipal Securities Rulemaking Board's
Electronic Municipal Market Access System(EMMA) if certain events
occur.
Page 216 of 249
Ahlers&Cooney, P.C.
(QIiiiiiii AHLERS COONEY Attorneys at Law
100 Court Avenue, Suite 600
A T T D R N E Y S Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.com
Kristin B.Cooper
515.246.0330
kcooper@ahlerslaw.com
December 7, 2021
VIA E-MAIL
Kelley Felchle
City Clerk
715 Mulberry
Waterloo, Iowa 50703
Re: Waterloo, Iowa- $14,075,000 Taxable General Obligation Urban Renewal
Bonds, Series 2022A
Dear Kelley:
Included with this letter are documents to complete Council action in connection with the
authorization for the issuance of the above Bonds.
1. The Council procedure consists of the following
(a) Resolution Appointing Registrar and Paying Agent. This resolution
appoints UMB Bank,N.A. to serve as Registrar and Paying Agent.
(b) Resolution authorizing the issuance of the Bonds. The resolution must be
adopted by an affirmative vote equal to a majority of the full Council membership.
2. Closing Certificates and Documents: Please return one executed copy of each of
the following:
(a) Continuing Disclosure Certificate. The form of Continuing Disclosure
Certificate, which is described in detail below, is included for approval by the Council
under the Resolution authorizing issuance. This Certificate should be signed by the
Mayor and the Clerk but not dated.
(b) Delivery Certificate. This certificate should be signed BUT NOT
DATED. Please complete and confirm the financial data on page 2.
(c) Transcript Certificate. This certificate is to be executed and sealed in the
manner indicated on the second page and may be dated at the time of completion. A_
notary attestation for all official signatures is required.
(d) Authentication Order
WISHARD&BAILY-1$$8;GUERNSEY&BAILY-1893;BAILY&STIPP-1901;STIPP,PERRY,BANNISTER&STARZINGER-1914;BANNISTER,CARPENTER,
AHLERS&COONEY-1950;AHLERS,COONEY,DORWEILER,ALLBEE,HAYNIE&SMITH-1974;AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE,P.C.-1990
Page 217 of 249
December 7, 2021
Page 2
(e) County Auditor's Certificate. A true copy of the authorizing resolution as
adopted is to be certified and filed with the Auditor of Black Hawk County. The Auditor
is asked to certify to such filing on the certificate
(f) Pang Agent; Note Registrar and Transfer Agent Agreement.
Continuing Disclosure Certificate
Securities and Exchange Commission Rule 15c2-12,prohibits underwriting and
recommendation to the public of the purchase of municipal securities for which adequate
secondary market information is not available. The rules apply generally to any municipal
offering over$1,000,000. The City therefore has an obligation to provide continuing disclosure
to the marketplace while the Bonds are outstanding. The applicable covenants and duties of the
City are outlined in the Continuing Disclosure Certificate.
The Continuing Disclosure Certificate requires the City to provide annual financial
information and operating data and other operating data described in the Continuing Disclosure
Certificate to the Municipal Securities Rulemaking Board's Electronic Municipal Market Access
system ("EMMA") so long as the Bonds are outstanding, and also to provide notice to EMMA if
certain events occur. This information and data must be sent in "searchable PDF" form. You
should ensure that your audit and operating data will be available in that format so you may
comply. The events which must be reported are detailed in the certificate, but other events which
would be of concern to the rating agencies or Bond holders also should be considered for
disclosure under the anti-fraud provisions of the federal securities laws.
These disclosure requirements are ongoing and it will be important to designate an
appropriate contact person who will have a primary responsibility for preparing and coordinating
the filing of the annual financial information, operating data and any event notices.
The penalties for violation of the rule fall ultimately on the issuer of the Bonds, because
underwriters may be precluded from agreeing to underwrite or bid on Bonds of issuers who have
not complied with their disclosure obligations. Failure to comply therefore may result in fewer
bids and ultimately no bids or the inability to secure an underwriter for an issue.
Closing Matters.
As you know, closing of this issue is scheduled to occur on or about January 4, 2022. At
the time of closing, copies of the above items will be delivered to the Purchaser of the Bonds in
exchange for the agreed purchase price. Our legal opinion also will be delivered to the Purchaser
at that time.
Should you have any questions, or if we can be of any assistance in completing the
enclosed items, please don't hesitate to contact me.
Page 218 of 249
December 7, 2021
Page 3
Very truly yours,
Ahlers & Cooney, P.C.
Kristin Billingsley Cooper
FOR THE FIRM
KBC:seb
Enclosures
cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/encl.)
Michelle Weidner, Chief Financial Officer, City of Waterloo (via email w/encl.)
Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.)
Maggie Burger/Charlotte Nielsen, Speer Financial (via email w/encl.)
Diana Van Vleet, UMB Bank(via email w/encl.)
01973187-1\11310-144
Page 219 of 249
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and
delivered by the City of Waterloo, State of Iowa (the "Issuer"), in connection with the issuance
of$14,075,000 Taxable General Obligation Urban Renewal Bonds, Series 2022A(the 'Bonds")
dated January 4, 2022. The Bonds are being issued pursuant to a Resolution of the Issuer
approved on December 20, 2021 (the 'Resolution"). The Issuer covenants and agrees as follows:
Section 1. Purpose of the Disclosure Certificate; Interpretation. This Disclosure
Certificate is being executed and delivered by the Issuer for the benefit of the Holders and
Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in
complying with S.E.C. Rule 15c2-12(b)(5). This Disclosure Certificate shall be governed by,
construed and interpreted in accordance with the Rule, and, to the extent not in conflict with the
Rule, the laws of the State. Nothing herein shall be interpreted to require more than required by
the Rule.
Section 2. Definitions. In addition to the definitions set forth in the Resolution, which
apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this
Section, the following capitalized terms shall have the following meanings:
"Annual Financial Information" shall mean financial information or operating data of the
type included in the final Official Statement,provided at least annually by the Issuer pursuant to,
and as described in, Sections 3 and 4 of this Disclosure Certificate.
"Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly,
to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons
holding Bonds through nominees, depositories or other intermediaries), or(b) is treated as the
owner of any Bonds for federal income tax purposes.
"Business Day" shall mean a day other than a Saturday or a Sunday or a day on which
banks in Iowa are authorized or required by law to close.
"Dissemination Agent" shall mean the Issuer or any Dissemination Agent designated in
writing by the Issuer and which has filed with the Issuer a written acceptance of such
designation.
"Financial Obligation" shall mean a(i) debt obligation; (ii) derivative instrument entered
into in connection with, or pledged as security or a source of payment for, an existing or planned
debt obligation; or(iii) guarantee of(i) or(ii). The term Financial Obligation shall not include
municipal securities as to which a final official statement has been provided to the MSRB
consistent with S.E.C. Rule 15c2-12.
"Holders" shall mean the registered holders of the Bonds, as recorded in the registration
books of the Registrar.
"Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure
Certificate.
Page 220 of 249
"Municipal Securities Rulemaking Board" or "MSRB" shall mean the Municipal
Securities Rulemaking Board, 1300 I Street NW, Suite 1000, Washington, DC 20005.
"National Repository" shall mean the MSRB's Electronic Municipal Market Access
website, a/k/a "EMMA" (emma.msrb.org).
"Official Statement" shall mean the Issuer's Official Statement for the Bonds, dated
December 1, 2021.
"Participating Underwriter" shall mean any of the original underwriters of the Bonds
required to comply with the Rule in connection with offering of the Bonds.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
(S.E.C.)under the Securities Exchange Act of 1934, and any guidance and procedures
thereunder published by the S.E.C., as the same may be amended from time to time.
"State" shall mean the State of Iowa.
Section 3. Provision of Annual Financial Information.
a) The Issuer shall, or shall cause the Dissemination Agent to, not later than two
hundred seventy(270) days after the end of the Issuer's fiscal year(presently June 30th),
commencing with information for the 2020/2021 fiscal year, provide to the National
Repository an Annual Financial Information filing consistent with the requirements of
Section 4 of this Disclosure Certificate. The Annual Financial Information filing must be
submitted in such format as is required by the MSRB (currently in "searchable PDF"
format). The Annual Financial Information filing may be submitted as a single document
or as separate documents comprising a package. The Annual Financial Information filing
may cross-reference other information as provided in Section 4 of this Disclosure
Certificate; provided that the audited financial statements of the Issuer may be submitted
separately from the balance of the Annual Financial Information filing and later than the
date required above for the filing of the Annual Financial Information if they are not
available by that date. If the Issuer's fiscal year changes, it shall give notice of such
change in the same manner as for a Listed Event under Section 5(c).
b) If the Issuer is unable to provide to the National Repository the Annual
Financial Information by the date required in subsection(a), the Issuer shall send a notice
to the Municipal Securities Rulemaking Board, if any, in substantially the form attached
as Exhibit A.
c) The Dissemination Agent shall:
i. each year file Annual Financial Information with the National
Repository; and
ii. (if the Dissemination Agent is other than the Issuer), file a report with
the Issuer certifying that the Annual Financial Information has been filed pursuant
to this Disclosure Certificate, stating the date it was filed.
Page 221 of 249
Section 4. Content of Annual Financial Information. The Issuer's Annual Financial
Information filing shall contain or incorporate by reference the following:
a) The last available audited financial statements of the Issuer for the prior fiscal
year, prepared in accordance with generally accepted accounting principles promulgated
by the Financial Accounting Standards Board as modified in accordance with the
governmental accounting standards promulgated by the Governmental Accounting
Standards Board or as otherwise provided under State law, as in effect from time to time,
or, if and to the extent such financial statements have not been prepared in accordance
with generally accepted accounting principles, noting the discrepancies therefrom and the
effect thereof. If the Issuer's audited financial statements for the preceding years are not
available by the time Annual Financial Information is required to be filed pursuant to
Section 3(a), the Annual Financial Information filing shall contain unaudited financial
statements of the type included in the final Official Statement, and the audited financial
statements shall be filed in the same manner as the Annual Financial Information when
they become available.
b) A table, schedule or other information prepared as of the end of the preceding
fiscal year, of the type contained in the final Official Statement under the captions
"Socioeconomic Information - Retail Sales", "Local Option Sales Tax", "Property Tax
Information", "Debt Information", and "Financial Information."
Any or all of the items listed above may be included by specific reference to other documents,
including official statements of debt issues of the Issuer or related public entities, which have
been filed with the National Repository. The Issuer shall clearly identify each such other
document so included by reference.
Section 5. Reporting of Significant Events.
a) Pursuant to the provisions of this Section, the Issuer shall give, or cause to be
given, notice of the occurrence of any of the following events with respect to the Bonds
in a timely manner not later than 10 Business Days after the day of the occurrence of the
event:
i. Principal and interest payment delinquencies;
ii. Non-payment related defaults, if material;
iii. Unscheduled draws on debt service reserves reflecting financial
difficulties;
iv. Unscheduled draws on credit enhancements relating to the Bonds
reflecting financial difficulties;
v. Substitution of credit or liquidity providers, or their failure to perform;
vi. Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability,Notices of Proposed Issue (IRS
Page 222 of 249
Form 5701-TEB) or other material notices or determinations with respect to the
tax-exempt status of the Series Bonds, or material events affecting the tax-exempt
status of the Bonds;
vii. Modifications to rights of Holders of the Bonds, if material;
viii. Bond calls (excluding sinking fund mandatory redemptions), if
material, and tender offers;
ix. Defeasances of the Bonds;
x. Release, substitution, or sale of property securing repayment of the
Bonds, if material;
xi. Rating changes on the Bonds;
xii. Bankruptcy, insolvency, receivership or similar event of the Issuer;
xiii. The consummation of a merger, consolidation, or acquisition
involving the Issuer or the sale of all or substantially all of the assets of the Issuer,
other than in the ordinary course of business, the entry into a definitive agreement
to undertake such an action or the termination of a definitive agreement relating to
any such actions, other than pursuant to its terms, if material;
xiv. Appointment of a successor or additional trustee or the change of
name of a trustee, if material;
xv. Incurrence of a Financial Obligation of the Issuer, if material, or
agreement to covenants, events of default, remedies, priority rights, or other
similar terms of a Financial Obligation of the Issuer, any of which affect security
holders, if material; and
xvi. Default, event of acceleration, termination event, modification of
terms or other similar events under the terms of a Financial Obligation of the
Issuer, any of which reflect financial difficulties.
b) Whenever the Issuer obtains the knowledge of the occurrence of a Listed
Event, the Issuer shall determine if the occurrence is subject to notice only if material,
and if so shall as soon as possible determine if such event would be material under
applicable federal securities laws.
c) If the Issuer determines that knowledge of the occurrence of a Listed Event is
not subject to materiality, or determines such occurrence is subject to materiality and
would be material under applicable federal securities laws, the Issuer shall promptly, but
not later than 10 Business Days after the occurrence of the event, file a notice of such
occurrence with the Municipal Securities Rulemaking Board through the filing with the
National Repository.
Page 223 of 249
Section 6. Termination of Reporting Obligation. The Issuer's obligations under this
Disclosure Certificate with respect to each Series of Bonds shall terminate upon the legal
defeasance,prior redemption or payment in full of all of the Bonds of that Series or upon the
Issuer's receipt of an opinion of nationally recognized bond counsel to the effect that, because of
legislative action or final judicial action or administrative actions or proceedings, the failure of
the Issuer to comply with the terms hereof will not cause Participating Underwriters to be in
violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as
amended.
Section 7. Dissemination Aaent. The Issuer may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate,
and may discharge any such Agent,with or without appointing a successor Dissemination Agent.
The Dissemination Agent shall not be responsible in any manner for the content of any notice or
report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination
Agent shall be the Issuer.
Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure
Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this
Disclosure Certificate may be waived,provided that the following conditions are satisfied:
a) If the amendment or waiver relates to the provisions of Section 3(a), 4, or 5(a),
it may only be made in connection with a change in circumstances that arises from a
change in legal requirements, change in law, or change in the identity, nature or status of
an obligated person with respect to the Bonds, or the type of business conducted;
b) The undertaking, as amended or taking into account such waiver, would, in the
opinion of nationally recognized bond counsel, have complied with the requirements of
the Rule at the time of the original issuance of the Bonds, after taking into account any
amendments or interpretations of the Rule, as well as any change in circumstances; and
c) The amendment or waiver either(i) is approved by the Holders of the Bonds in
the same manner as provided in the Resolution for amendments to the Resolution with
the consent of Holders, or(ii) does not, in the opinion of nationally recognized bond
counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds.
In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer
shall describe such amendment in the next Annual Financial Information filing, and shall
include, as applicable, a narrative explanation of the reason for the amendment or waiver and its
impact on the type (or in the case of a change of accounting principles, on the presentation) of
financial information or operating data being presented by the Issuer. In addition, if the
amendment relates to the accounting principles to be followed in preparing financial statements,
(i) notice of such change shall be given in the same manner as for a Listed Event under Section
5(c), and(ii)the Annual Financial Information filing for the year in which the change is made
will present a comparison or other discussion in narrative form (and also, if feasible, in
quantitative form) describing or illustrating the material differences between the financial
statements as prepared on the basis of the new accounting principles and those prepared on the
basis of the former accounting principles.
Page 224 of 249
Section 9. Additional Information. Nothing in this Disclosure Certificate shall be
deemed to prevent the Issuer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Certificate or any other means of communication, or
including any other information in any Annual Financial Information filing or notice of
occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate.
If the Issuer chooses to include any information in any Annual Financial Information filing or
notice of occurrence of a Listed Event in addition to that which is specifically required by this
Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such
information or include it in any future Annual Financial Information filing or notice of
occurrence of a Listed Event.
Section 10. Default. In the event of a failure of the Issuer to comply with any provision
of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such
actions as may be necessary and appropriate, including seeking mandate or specific performance
by court order, to cause the Issuer to comply with its obligations under this Disclosure
Certificate. Direct, indirect, consequential and punitive damages shall not be recoverable by any
person for any default hereunder and are hereby waived to the extent permitted by law. A
default under this Disclosure Certificate shall not be deemed an event of default under the
Resolution, and the sole remedy under this Disclosure Certificate in the event of any failure of
the Issuer to comply with this Disclosure Certificate shall be an action to compel performance.
Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The
Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure
Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers,
directors, employees and agents, harmless against any loss, expense and liabilities which it may
incur arising out of or in the exercise or performance of its powers and duties hereunder,
including the costs and expenses (including attorneys' fees) of defending against any claim of
liability,but excluding liabilities due to the Dissemination Agent's negligence or willful
misconduct. The obligations of the Issuer under this Section shall survive resignation or removal
of the Dissemination Agent and payment of the Bonds.
Section 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of
the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial
Owners from time to time of the Bonds, and shall create no rights in any other person or entity.
Section 13. Rescission Rights. The Issuer hereby reserves the right to rescind this
Disclosure Certificate without the consent of the Holders in the event the Rule is repealed by the
S.E.C. or is ruled invalid by a federal court and the time to appeal from such decision has
expired. In the event of a partial repeal or invalidation of the Rule,the Issuer hereby reserves the
right to rescind those provisions of this Disclosure Certificate that were required by those parts
of the Rule that are so repealed or invalidated.
Page 225 of 249
Date: day of , 2021.
CITY OF WATERLOO, STATE OF IOWA
By:
Mayor
ATTEST:
By:
City Clerk
Page 226 of 249
EXHIBIT A
NOTICE TO NATIONAL REPOSITORY OF FAILURE TO FILE ANNUAL FINANCIAL
INFORMATION
Name of Issuer: City of Waterloo, Iowa.
Name of Bond Issue: $14,075,000 Taxable General Obligation Urban Renewal Bonds, Series
2022A
Dated Date of Issue: January 4, 2022
NOTICE IS HEREBY GIVEN that the Issuer has not provided Annual Financial
Information with respect to the above-named Bonds as required by Section 3 of the Continuing
Disclosure Certificate delivered by the Issuer in connection with the Bonds. The Issuer
anticipates that the Annual Financial Information will be filed by
Dated: day of , 20
CITY OF WATERLOO, STATE OF IOWA
By:
Its:
01960271-1\11310-144
Page 227 of 249
CITY OF WATERLOO
Council Communication
Executive Session on the purchase of real estate pursuant to Iowa Code Section 21.5(1)0).
City Council Meeting: 1/3/2022
Prepared:
Submitted by: Submitted By:
Page 228 of 249
CITY OF WATERLOO
Council Communication
Leisure Services Commission Meeting minutes of November 9, 2021.
City Council Meeting: 1/3/2022
Prepared: 12/16/2021
ATTACHMENTS:
Description Type
0 11/9/2021 minutes Backup Material
SUBJECT: Leisure Services Commission Meeting minutes of November 9, 2021.
Submitted by: Submitted By:
Page 229 of 249
MINUTES
WATERLOO LEISURE SERVICES COMMISSION
TUESDAY, November 9, 2021
300 Jefferson Street
The meeting was held in the Multipurpose Room at the SportsPlex. Jadyn Spencer
called the meeting to order at 7:30am.
Present: Sharon Samec, Tom Christensen, Jadyn Spencer, Tom Powers, and Bob
Bamsey and Council Liaison Dave Boesen, Paul Huting, Todd Derifield, Chris Dolan,
Mark Gallagher, Travis Nichols and JB Bolger, Arnie Rivers Absent: Brenda Durbahn,
Tim Moses,
Todd Derifield
Jadyn Spencer called for motion to approve of the agenda. Sharon Samec made a
motion to approve agenda. Second by Tom Powers Ayes: All. Nays: None
Jadyn Spencer called for motion for approval of the October 12, 2021 meeting minutes.
Bob Bamsey made a motion to approve minutes, second by Tom Powers
Ayes: All Nays: None
Jadyn Spencer called for approval of the bills. Motion by Sharon Samec to approve the
October bills, second by Bob Bamsey Ayes: All Nays: None
AGREEMENT FOR GATES PARK MASTER PLAN
E Board reviewed the proposed Agreement for the comprehensive master plan for Gates
Park to work in concert with Ballard-King Aquatics Master Plan. It will include options
identified by public input surveys and focus group meeting, to include conceptual plans
and cost estimates for an inclusive playground, aquatic features, lighted sport courts,
E remediation of the impacts of a new flood wall, evaluation and recommendations for
improvements to parking, circulation, trail connections and accessibility. Bob Bamsey
asked if this was part of the aquatics plan for the City. It is a piece of the whole Gates
Plan. Bob Bamsey commented the pools are in bad shape and this committee needs to
keep the plan moving forward. Motion by Bob Bamsey to recommend approval by City
Council, second by Sharon Samec. Ayes.-All Nayes: None
RECREATION PROGRAM FEES AND SPORTSPLEX MEMBERSHIP RATES
The board reviewed proposed new rates for Recreation Fees and Cedar Valley
SportsPlex Membership fees. Rates are attached. Motion by Bob Bamsey to pass a
resolution recommending the new rates for adoption by City Council. Second by Tom
Powers Ayes: All Nays: None
WATERLOO MUNICIPAL GOLF RATES FOR 2022 SEASON
Board reviewed the summary of proposed new DAILY rates for Waterloo's three
municipal golf courses. Daily rates have not been increased since 2017. Included in the
proposal is a new College Mini Season ticket to be used for members of the Hawkeye
Community College golf team. Rates are attached. Motion by Bob Bamsey to propose a
resolution recommending new rates be adopted by City Council. Second by Tom
Powers Ayes: All Nays: None
Page 230 of 249
STAFF UPDATES
Young Arena — Chris Dolan
• Battle of Waterloo Wrestling 32 teams ,December 17th&18t'
• MYAS Wrestling 604 participants Sunday December 19th
• Warriors High School Hockey Season started on October3l5f.
• JR Gold High School Hockey started in November.
• Gas utilities at Young Arena are anticipated to increase this winter between 50%-
100%
• South roof replacement continues, waiting on final inspection.
Sports and SportsPlex — Mark Gallagher
We have received funds from the IEDA Fitness Center Relief Fund and will be working
toward getting new equipment ordered prior to the first of the year.
Construction — Travis Nichols
The park restrooms and water is shut down for the year. We continue to run a 5 day
garbage route. Once the weather changes we will decrease days for the route and
remove 50% of cans for the grass areas and use only parking lot and hard surface
areas for garbage route. Crew continues to do general maintenance in parks and at
Leisure facilities. The crew did some repairs on the golf courses and at the Sport splex.
We are see a large amount of graffiti showing up on Lane StIMLK underpass. We are
covering new graffiti on a weekly basis. We are also seeing graffiti show up at Sullivan
Park and the Amphitheatre. The Young Arena Roof Project is at 90% and is water
E tight. We are waiting on metal capping and final detail work. It should be completed
soon.
E Park, Golf and Downtown Area —JB Bolger
E
• Our tree stump removal contractor has completed removal of 209 stumps that
are on city right of way in front of citizen homes, in our park system, and on our
golf courses.
• The REAP Committee has elected not to fund our Phase II of improvements to
Greenbelt Lake. It would have been funded had REAP been fully funded at the
State level. We will continue to explore options to get this second phase of
improvements done in the future.
• Golf rounds report attached- at the end of October we are 10,751 rounds up from
2020.
• We have recently completed carpentry, roofing, and paint updates to the South
Hills irrigation pump house and the Gates Starters shed. Additionally all on-
course restrooms have been recently painted at each golf course.
• We have filled the Park Maintenance II Crew Leader position effective Tuesday
November 2d. We are thrilled to have the position filled, this position will help us
maintain our higher end ball fields among other areas.
Page 231 of 249
The next regular Leisure Services Commission Meeting will be held Tuesday,
December 14, 2021.
Jadyn Spencer announced she is leaving the Waterloo area for a different job
opportunity. This will be her last meeting.
Jadyn Spencer asked for motion to adjourn. Motion by Sharon Samec, second Tom
Powers. Meeting was adjourned at 8:05am.
Sharon Samec, Secretary
Z 1 .2 DZ(
Signed this Oate
Page 232 of 249
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Page 233 of 249
WATERLOO LEISURE SERVICES
PROPOSED 2022 GOLF RATES
2021 2022 Proposed
Daily Fee
Adult 23.00 24.00
9 Hole 16.00 17.00
2nd Nine 7.00 7.00
Junior 10.00 10.00
Senior 22.00 23.00
Young Adult 20.00 21 .00
MTW Tee off Before 1:00 25.00 27.00
6pm to Sunset 25.00 29.00
October Weekday 16.00 17.00
Winter Rate 10.00 11 .00
18 Hole Punch 210.00 220.00
9 Hole Punch 150.00 160.00
New for 2022- College Mini Season Ticket 150.00
This pass is only for members of Hawkeye Golf Team
for in-season play only.
t
E
E
Page 234 of 249
CITY OF WATERLOO
Council Communication
Airport Board Meeting minutes of November 17, 2021.
City Council Meeting: 1/3/2022
Prepared: 12/15/2021
ATTACHMENTS:
Description Type
❑ Airport Board Meeting Minutes of November 17, 2021 Backup Material
SUBJECT: Airport Board Meeting minutes of November 17, 2021.
Submitted by: Submitted By:
Page 235 of 249
MINUTES
WATERLOO REGIONAL AIRPORT BOARD
Wednesday November 17, 2021
1. ROLL CALL
Board Chair Arlene Humble called the meeting to order at 12:02 p.m.
Board Members Present: Cary Darrah, Arlene Humble, Doug Rathburn and David
Deeds,
Board Members Absent: Gwenne Berry, Scott Voigt and Todd Holcomb.
City Officials Present: Councilmember Ray Feuss.
Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs.
Other Attendees: Doug Schindel.
II. AGENDA AS RECEIVED OR AMENDED
NIA
III. PUBLIC COMMENTS
None.
IV. REPORTS
A. Airport Director
Mr. Kaspari asked if there were any questions on his written report and there were
none.
B. Legislative Information & Updates
None.
C. Misc, Monthly Airport Reports
Reviewed miscellaneous reports. Airline stats are improving and fares are still very
attractive.
1
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V. BOARD APPROVAL
A. Approval of Minutes of the October 27, 2021 Regular Meeting
Mrs. Darrah moved that the minutes of the October 27, 2021 meeting be approved,
seconded by Mr. Rathburn. Ayes: 3. Motion carried.
B. Motion to Receive and File October 2021 Expenses
Mr. Deeds moved that the October 2021 expenses be received and filed, seconded by
Mrs. Darrah. Ayes: 3. Motion carried.
VI. OLD BUSINESS
A. Verbal Update: Monthly Airfield Construction—Taxiway Bravo, Charter Apron, East
Ramp and Tree Removal
Mr. Kaspari stated that the airfield construction has been completed (pictures of work
completed were included in the Board packet).
VTI. NEW BUSINESS
A. Discussion of Parking Rates and Time in the Parking Lot at No Charge.
Mrs. Humble suggested that the daily parking rate should be increased to $8.00 and
that the fee schedule should be simplified. Her suggestion was:
0—2 hours Free
2— 6 hours $5.00
6 24 hours `68.00
Discussion followed. Mr. Deeds stated that he would be in favor of increasing the
daily rate with the caveat that some of the increased revenue be allocated to beautify
the Terminal entrance area with some easy-to-care-for plantings in the island portion
of the entrance.
Moved by Mr. Deeds, seconded by Mrs. Darrah, that effective July 1, 2022 parking
rates are increased to $8.00 per day, following Mrs. Humble's suggested fee schedule
and with the before-mentioned caveat about plantings. Ayes: 3. Motion carried.
B. Review of Staff Recommendations of Airport Rates and. Charges Effective July 1,
2022 & July 1, 2023.
Board discussed handout detailing current and suggested rates and charges.
Consensus was to continue this discussion at the December meeting.
2
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C. General Discussion: Discussion of Bids Received via the U.S. Department of
Transportation's Office of Aviation Analysis for Waterloo Regional Airport
beginning with the Next Term of Scheduled Service to Begin on or about May 1,
2022.
Board discussed the bids received from American Airlines and Air Choice One.
Board recommended to continue with American Airlines service to Chicago O'Hare.
Moved by Mr. Deeds, seconded by Mrs. Darrah, that the Board support the bid by
American Airlines to continue to serve ALO. Ayes: 3. Motion carried.
VIII. STAFF AND BOARD MEMBER COMMENT
Mr. Kaspari asked for input on moving the December meeting to the 3rd Wednesday,
December 151h. Board consensus was to move the meeting to 3:00 p.m. on December 15,
2021.
IX. ADJOURNMENT
Hearing no objections, Mrs. Humble adj ourned the meeting at 1:10 p.m.
Respectfully submitted,
Arlene Humble, Chairperson
3
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CITY OF WATERLOO
Council Communication
Board of Adjustment minutes of October 26, 2021.
City Council Meeting: 1/3/2022
Prepared: 12/17/2021
ATTACHMENTS:
Description Type
U minutes Backup Material
SUBJECT: Board of Adjustment minutes of October 26, 2021.
Submitted by: Submitted By:
Page 239 of 249
MINUTES
CITY OF WATERLOO, IOWA
BOARD OF ADJUSTMENT
REGULAR MEETING-4:00 P.M. OCTOBER 26, 2021
The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson
Condon at 4:00 p.m. via zoom, and in-person in the Harold E. Getty Council Chambers at Waterloo City
Hall.
Members present were: Brad Condon, Jeri Thomsberry, John Chiles, and John Beckman.
Members present electronically were: April Leadley.
Members absent were: None.
Others present were: Aric Schroeder and John Dornoff,—Planning Department; and 2 citizens.
Others present electronically: Noel Anderson—Community Planning and Development Director and Kyle
Larson—LGC Development.
I. Approval of the Agenda
It was moved by Beckman, seconded by Chiles to approve the agenda. Motion carried unanimously.
II. Approval of the Minutes from the regular meeting on September 28, 2021.
It was moved by Thornsberry, seconded by Chiles to approve the minutes of the September 28, 2021
meeting with an amendment to page 2 to replace the word stall with the word staff. Motion carried
unanimously.
III. Decision Items
1. Request by the Masonic Temple for a Special Permit to allow for a fraternal organization and permit
the construction of a 576 square foot detached garage in the "C-1" Commercial District located at 607
Bishop Avenue.
Dornoff read the staff report recommending approval of the request.
Thornsberry asked what"unless approved by the Board of Adjustment" at the end of the condition meant
to which Dornoff answered if the applicant does not want to meet any of those codes they would need to
return to the Board of Adjustment for a variance.
Chiles asked why this needs a variance to which Dornoff answered that it does not need a variance it is a
request for a Special Permit since the accessory structure is considered an addition they need to come
before the Board for the Special Permit. Chiles also asked why it needs a Special Permit and if it was a
business would they have had to come to the Board to which Dornoff responded because it is a fraternal
organization it needs a Special Permit and a typical business would not.
Condon asked if they would have gotten the Special Permit years ago would they have needed to come
before the commission to which Dornoff responded they would have still needed to since it is an
expansion of a Special Permit use, and is larger than the size allowed as a minor.
It was moved by Beckman, seconded by Chiles to approve the request of the Masonic Temple for a
Special Permit to allow for a fraternal organization and permit the construction of a 576 square foot
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City of Waterloo Board of Adjustment
October 26,2021
detached garage in the "C-l"Commercial District located at 607 Bishop Avenue. Motion carried
unanimously.
2. Request by Damir Brakic for a variance to the accessory structure size limit to allow for a 2,400
square foot accessory structure in addition to 1,300 square feet of existing accessory buildings for a
total of 3,700 square feet of accessory buildings, 1,900 square feet more than the 1,800 square feet
allowed, a variance to allow a height of 18', 3' more than the 15' allowed in conjunction with a one-
story home, and a variance to allow vertical metal siding, located in the "A-1"Agricultural District at
4416 Hammond Avenue.
Dornoff read the staff report recommending approval of the request for the size and height variance but
denial of the metal siding variance with the condition that the accessory structure may be used only for
personal storage and not be for commercial purposes.
Condon asked if the shed had metal siding also to which Dornoff answered that it appears to have vinyl
siding.
Damir Brakic, 4416 Hammond Avenue, was asked by Beckman what the intended use of the building
would be to which Brakic answered storage, mostly of vehicles. He will soon have 5 drivers in his house
with his teenagers about to get their driver's licenses plus he owns a boat, a motorcycle, lawnmowers,
cars, etc. and he doesn't like them in the driveway.
Chiles asked if all the cars are for private use or for a business to which Brakic answered that they are for
private use because he is a car guy and he has a race car and along with about 7 cars and a trailer. He
would like to consolidate everything into one building including not only the cars but lawnmowers and
garden equipment and get rid of the shed. Chiles then asked if he was open to having a condition that the
shed is removed as part of the condition of approving the new accessory structure to which Brakic
initially indicated he would be ok with.
Chiles then asked if he was thinking of removing the other garage when the new one is built to which
Brakic responded no he would only want to remove the shed.
Beckman asked for clarification on which building was to be eliminated to which Brakic indicated the
small shed located between the house and the garage to the north, and the new garage will be closer to the
west property line.
Beckman noted that during the last meeting that the neighbors were concerned about large vehicles using
the property to which Brakic responded that during construction there will be construction equipment
coming and going, but nothing after that.
Condon told Brakic that the neighbors thought you had semis to which Brakic said no.
Beckman asked if it was a single-car trailer to which Brakic said it was.
Chiles asked if he planned to run his business out of there to which Brakic said no.
Beckman asked Brakic if his business is currently in Evansdale in an old bowling alley and if he still has
the property at Lafayette and Osage and if he is planning to keep his business there and not run it out of
his house to which Brakic stated that he still owns both lots and has no intention of running his business
out of his residence.
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City of Waterloo Board of Adjustment
October 26,2021
Chiles again asked Brakic if he was ok with there being a condition that would require that the shed be
demolished and that the new building cannot be used for commercial purposes to which Brakic asked if
he could move the shed to another part of the property to which Chiles said that they would have to use
the new numbers but it should be fine.
Dornoff noted that even with the larger square footage they would still be under the 6% accessory
structure limit.
Thornsberry asked if the existing accessory building has steel siding to which Brakic said it did and
Dornoff noted it was approved by the Board of Adjustment to have steel siding back in 2013.
Beckman noted there was concern about the height to which Dornoff responded that the applicant did not
present building sketches but stated they would need 12-foot doors so staff just added the 18-foot height
limit so the applicant would be covered and not have to return for another variance. The applicant
responded he was not sure how tall the building would need to be but knows that he has to have 12-foot
high doors to clear his truck. Schroeder noted with the size of the building and the 12-foot doors the
building height would probably be in the 17-foot range so allowing up to 18' tall would work out best.
Beckman asked what Brakic meant by big truck to which Brakic responded that he has a lifted pickup
truck and a 10-foot lift.
Brakic stated that there is no way a semi-truck would even fit into this driveway.
It was moved by Chiles, seconded by Thornsberry to approve the request by Damir Brakic for a
variance to the accessory structure size limit to allow for a 2,400 square foot accessory structure in
addition to 1,300 square feet of existing accessory buildings for a total of 3,700 square feet of
accessory buildings, 1,900 square feet more than the 1,800 square feet allowed, a variance to allow a
height of 18'1 3'more than the I5'allowed in conjunction with a one-story home, and a variance to
allow vertical metal siding, located in the "A-1"Agricultural District at 4416 Hammond Avenue with
the condition that the accessory structure may only be used for personal storage and not be used for
commercial purposes. Motion carried unanimously.
3. Request by LGC Development(LG Companies) for a variance to allow two lots to have lot widths of
77' 11/16", 2' 1/16" less than the 80' required, and a width of 77' 5/8", 2' 3/8" less than the 80 feet
required for the development of two duplexes in the "R-1" One and Two-Family Residence District
located at and adjacent to 1010 Fletcher Avenue.
Dornoff read the staff report recommending approval of the request and noted that staff has received no
calls on the request.
Condon asked if the properties are to be sold or will these be rentals to which Dornoff responded that
LGC Development usually builds homes to sell or that are already sold.
Thornsberry asked if this was the same group who was before the Board requesting to build a complex
along the golf course to which Dornoff responded this was a separate request.
Dornoff noted that this request has been to City Council because it was a development agreement for the
developer to buy some unneeded golf course land along with land from the property owners to the south.
However, when they came in for a building permit staff realized the lots were too narrow for the duplexes
by a small amount.
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City of Waterloo Board of Adjustment
October 26,2021
Beckman asked if too much structure is being crammed into this area like the Martin Road development
to which Dornoff responded that this development meets all the other regulations except for lot width
which is only off by a small amount.
Beckman asked if the properties will have Fletcher addresses and driveways off of Fletcher to which
Dornoff responded yes.
Anderson stated that this went to City Council because of excess land that was sold by the city to the
developer, allowing an older run-down residential structure to be replaced by new structures with an
increased tax base.
Beckman asked Anderson if this was talked about months ago to which Anderson stated that yes it was
discussed but due to an error by staff it was not noticed that when discussing with the applicant on what
could be built there that the lots were just slightly too narrow for the duplexes but meet all the other
requirements. Looking at lot size it is comparable to other lots in the area and larger than many of them
and a nice fit for the neighborhood.
Kyle Larson, LGC Development, answered a question from Condon if the homes would be sold as
duplexes or separately too which stating that the homes will be turned into condominiums and sold as
single-family attached condominiums. The plan is to sell them as upmarket three to four-bedroom units.
Beckman asked how many square feet would the buildings be and if they would have single-stall garages
to which Larson responded that they will be approximately 1600 square foot main base units with
finished basements and have two-stall garages.
Thornsberry asked if they would be a single story to which Larson responded that they would be two-
story and with the finished basement would have approximately 2200 to 2300 square feet and two-stall
garages upmarket selling for approximately$300,000.
Condon noted that he has a problem with the word duplexes as it seems like they will be rental
properties.
It was moved by Thornsberry, seconded by Chiles to approve the request by LGC Development(LG
Companies)for a variance to allow two lots to have lot widths of 77'1-1116"51 2'-1116"less than the 80'
required, and a width of 77'5/8'; 2'318"less than the 80 feet required for the development of two
duplexes in the "R-1"One and Two-Family Residence District located at and adjacent to 1010
Fletcher Avenue. Motion carried unanimously.
IV. Discussion
Dornoff showed a list of temporary variances that have been granted over the last 5 years indicating if
they are still active, have followed through with the requirements of the temporary variance, or are in
violation of the temporary variance. Those in violation have 60-days to correct the issue or return to the
Board of Adjustment for another variance or Code Enforcement will be getting involved. Dornoff also
noted that the store at 315 Fletcher violates the conditions of their Site Plan Amendment and staff will be
sending a letter to them shortly but that situation is more complicated but staff will get the letter out soon.
Thornsberry stated she has questions over the new format of the staff reports as it seems like it causes
more flipping through the pages to which Dornoff responded we are trying to put any exhibits into the
section of the staff report that is relevant and Schroeder responded that we are trying to ensure it is not
overdone either, but it can be reviewed and tweaked in the future.
The next meeting of the Board of Adjustment will be on October 26, 2021.
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Page 243 of 249
City of Waterloo Board of Adjustment
October 26,2021
V. Adjournment
It was moved by Beckman, seconded by Chiles, to adjourn the meeting at 4:43 p.m. Motion carried
unanimously.
Respectfully submitted,
l
John Dornoff,
Planner I
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Page 244 of 249
CITY OF WATERLOO
Council Communication
Complete Streets minutes of October 26, 2021.
City Council Meeting: 1/3/2022
Prepared: 12/17/2021
ATTACHMENTS:
Description Type
U minutes Backup Material
SUBJECT: Complete Streets minutes of October 26, 2021.
Submitted by: Submitted By:
Page 245 of 249
Minutes of The
City of Waterloo Complete Streets Advisory Committee Meeting
October 26, 2021
Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:30 pm
October 26, 2021, by Chairperson Cass in the Harold E. Getty Council Chambers, City Hall.
Roll Call: Members present: Felicia Cass, Pat Morrissey, Paul Huting, Wayne Castle, David Sturch, John
Dornoff, Kyle Durant(for Brian Schoon), Aric Schroeder, and Matt Schindel.
Members present electronically: David Sturch, Sandi Greco, Jessica Rucker, and Ray Feuss.
Members absent were: Anne Marie Kofta, Will Frost, and Greg Young.
Other people attending in person: Aldina Dautovic- INRCOG; Michelle Sweeney and Doug Schindel—
AECOM;
Other people attending online: Kevin Blanshan—INRCOG.
It was moved by Morrissey, seconded by Castle to approve the minutes of the September 28, 2021
meeting. Motion carried unanimously.
1. Presentation by AECOM—La Porte Road and other proiects.
• Sweeney went over the projects that AECOM is currently working on.
o University Avenue.
■ Phase 1 and 2—Only minor punch items left.
■ Phase 3 —Landscaping and minor fixture pieces plus decorative retaining wall
at Greenhill Road.
■ Improvements done:
• Bus stop shelters and turnouts.
• Side road and neighborhood connections.
• Colored crosswalks.
■ Other things that remain.
• Kiosk for Hanna Family—base installed just waiting for remaining
parts.
■ CSAC was thanked for attending ribbon cutting.
■ Morrissey brought up speed limit along the corridor.
o La Porte Road/Hess Road
■ Letting will be next October for phase 1.
■ Projects will then move north.
■ Same general goals as the University Avenue corridor.
■ There will be a report to stakeholders in December.
■ AECOM will come back in January to go over what was discussed with
stakeholders.
■ Sweeney showed cross sections of the project.
■ Enhancements:
• Recreation trail along the west side of the street.
• Sidewalk along the east side of the street although not the entire section.
• Landscaping and place making improvements.
• Utilities to go underground.
■ Estimated cost of$32 million.
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Complete Streets Advisory Committee
October 26,2021
■ State funding of$8,030,000
■ Tap Funding of$151,328
■ Other financing options:
• RAISE grant.
• Infrastructure bill getting passed on the Federal level.
■ Facebook page has been created.
■ City Project page on website.
o US Highway 63 improvements.
■ Trail has been installed
■ Banners and other signing will be going up.
■ Some lighting still needs to be installed.
■ The columns at the foot of the bridge will be made of limestone and the logos
back lit.
■ Colored concrete has been installed.
■ Street trees to be installed.
o Shaulis Road Trails.
■ Phase from Cedar Terrace to the Cedar Valley Nature Trail.
■ Final phase from Cedar Terrace to Dysart will be complicated and expense with
depending on how the crossing of US Highway 218 is done.
■ Also issues with Shaulis road west of Texas Street due to narrow right of way.
■ Discussion on how to deal with the issues that the final phase presents including
routing the trail the way it was designed for Kiefer Plat that did not go through.
o Center for the Arts.
■ The first two phases will be completed in 2022.
■ Phase 3 is pending funding.
■ Cass discussed finding an easier way to access the building for pedestrians but
due to the dimensions of the parking lot it would be impossible to add
pedestrian accommodations without losing parking spaces.
o Commercial Street.
■ Street and sidewalk construction should be done in November depending on the
weather.
■ Currently working on the sidewalk in front of the library which has presented
some issues.
0 4th/5th/6th Streets.
■ Stake holder meeting in December.
■ Working on cross sections.
2. Review of Flammang Drive sidewalk infill proiect and consider recommendation on
inclusion for funding sidewalk projects for the CIP.
• 200 Foot section without sidewalks east of Hammond Avenue.
• Flammang has a 25 mph speed limit but sees 52000 vehicles per day.
• There is no trees or other issues with adding the sidewalk.
• Will be relatively easy construction with only one gravel driveway.
• There is a bus route on Hammond so this will benefit riders.
• Scored at 75.
It was moved by Morrissey, seconded by Huting to add Flammang Drive to the CIP request. Motion
carried unanimously.
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Complete Streets Advisory Committee
October 26,2021
3. Pedestrian Master Plan
• Complete policy will return to committee after going to Anderson and Knutson.
4. Upcoming Planning Commission Agenda Review
• Schroeder went over the agenda.
• Plat on the agenda for the Schoitz Hospital area.
o Discussion on the situation around the north east side around East High School.
o Lots of pedestrian traffic due from East High School.
o Feuss stated that many people has discussed the issue with him.
o Request the developer put in sidewalks along Acadia Street when the property
develops.
It was moved by Feuss, seconded by Morrissey to recomend that the developer of Schoitz Addition add
sidewalks to their section of Acadia Street when the property is developed. Motion carried unanimously.
• Sidewalk vacated along Gable Street.
o Sidewalk is next to street and actually on private property.
o Gable is a seal coat street.
o Issue with parking on sidewalks and trucks damaging the sidewalk.
o Sidewalks were fixed up in 2019 but are already showing damage.
o Committee expressed no issues with the vacate request.
5. Wayfindina/Sharrows on Leland
• Signs along corridor went up before RAGBRAI except for last block but those will be up soon
and should be in by fall.
6. Other Proiect Status Updates
• Park Avenue and 11th Avenue bridges:
o Bids were estimated at 19.6 million, low bid was PCI was 20.6 million.
o Enhancements on bridges will be similar to University Avenue.
• Marina
o December letting for the project.
• WARP
o New Street being installed as an extension of East Lake Street.
• Construction season
• Leisure Services.
o Working on Master Plan for the future of the pools.
7. Other Discussion
• Committee expressed appreciation to Brian Schoon for his dedicated service as he was on the
committee when it was formed and welcome Kyle Durant to the committee.
• Committee discussed canceling the December meeting.
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Complete Streets Advisory Committee
October 26,2021
It was moved by Schroeder, seconded by Durant to cancel the December meeting. Motion carried
unanimously.
Adjournment
Cass adjourned the meeting at 3:02p.m.
Respectfully submitted,
John Dornoff
Planner I
4 Page 249 of 249