Loading...
HomeMy WebLinkAbout08.11.2008 JJ IWHOS SIDDS2i 'UN /j 22d'ISM 'EN LSIWHOS 'UN QOOMMHHUD 'UN JJ IVH 'UN X,LZSD 'UN H7o0 ' sw NIV,LST 'MESSY SANK SHAY •zagwaw TTouno3 T paeM aT66aer :aoupT6aTTv go a6paTd 6,i'X'7= �t'f ��"� e •aouaTTg go quawoyi Q (� i � / 0 :TTE'D TToH •atPg3 au4 UT ggTwLIoS aYr(jT Baer way old aoLew '800 'TT gsn6nW 'Appuoys uo ' w d OE:S ;e 'eMoi 'ooTaaTem 'saagwettj TTounoD TTEH A T3 Je uoTssaS aeIn6aer uT qaw 'pmoi 'ooTaaTeM go ATTD au; 3o TTounoD auy 800Z 'TT ;sn6ny 431Ioaa2I 'IIDVIOD YMOI `OO'IHllVM 30 AID I I 1 I b a) 0 4_1 : C rti 0 N 4 "4/ 4J a • -► a) a ro 0 i. HZ H 'jib h 0 0 Z A4 0 a . o Zi 4i x o W 4 H O b a) a) a) 'd .0 4t 0 H i H Hi a) . •r 0 0 4) a) -0 a H 0 ' •r)+ 4.) a) sr 0 •rl 0 0 w a c0 0 0 a w a o w w N a) 0 a N a) •r4 a) u a 4 u a a ' z a 4 A w a THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, AUGUST 11, 2008 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality Jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. You may address any item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Reggie Schmitt, Ward 1 Council Member. Agenda, as proposed or amended. August 11, 2008 Page 2 Minutes of June 26, 2008 Special Session and August 4, 2008, Regular Session, as proposed. Proclamation thanking all who assisted with clean up and recovery efforts during the 2008 Flood. 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. Resolutions to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Communication from Police Chief transmitting request of Grout Museum to hold Brewfest on September 27, 2008 at Soldiers & Sailors Park and Cedar Street between West 4th to West 5th Streets. 3. Communication from City Engineer transmitting request of David & Terry Roeder for a waiver for a concrete driveway to be located at 1200 Baltimore Street, together with recommendation of approval. 4. Communication from City Clerk transmitting request of Spicoli's, 3555 University Avenue, for a variance to the Noise Ordinance on August 16, 2008 from 4:00 - 11:00 p.m. in conjunction with a band playing in their outdoor service area, together with recommendation of Police Chief b. Motion-to approve the following: 1. Larry Ticknor, Rusty Zey, Scott Kroeze and Randy Shepard, Airport Maintenance Workers, to attend Live Fire Training in Cedar Rapids, Iowa on September 24-25, 2008, with costs not to exceed $2,800.00, including use of city vehicle. 2. Reggie Schmitt, Councilperson, to attend Iowa League of Cities 110th Annual Conference in Council Bluffs, Iowa on September 10-12, 2008, with costs not to exceed $450.00. 3. Dave Boesen, Battalion Chief to attend Arson K-9 Handler Recertification in Ringgold, Georgia on October 20-24, 2008, with costs not to exceed $932.00, including use of city vehicle. 4. Tom Jennings, Police Chief to attend 23rd Annual LECC Executive Training in Des Moines, Iowa on September 23-24, 2008, with costs not to exceed $170.00, including use of city vehicle. August 11, 2008 Page 3 5. Joe Saunders, Police Officer, to attend Basics of Outlaw Motorcycle Gangs Conference in Des Moines, Iowa on September 13-19, 2008, with costs not to exceed $635.00, including use of city vehicle. 6. Maureen Newbill, Visitor Services Manager, to attend Morning Glory Fine Craft Fair in Milwaukee, Wisconsin on August 9-10, 2008, with costs not to exceed $275.00. 7. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Scott Kroeze to the position of Sign & Traffic Operator, effective August 18, 2008. c. Beer/Liquor License Permit Application Class C Kings and Queens Tap, 304-306 West 4th Street (Renewal) (Expires 8/27/09) (Includes Sunday Sales) Casey's Pub & Eatery, 1125 West Donald Street (Renewal) (Expires 9/23/09) (Includes Sunday Sales) d. Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) e. Wine License Permit Application Class B Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) f. Beer License Permit Application Class C Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) g. Cigarette/Tobacco Permit Application Neighborhood Mart, 2100 Lafayette Street h. Outdoor Service Area Application Caseys Pub & Eatery, 1125 West Donald Street i. Bonds. August 11, 2008 Page 4 PETITIONS FROM PUBLIC 2. Resolution-to approve communication from Community Planning & Development Director transmitting site plan amendment to the "B-P"Business Park District for property generally located at the southeasterly corner of Greyhound Drive and the future Athens Drive for development of 13,000 sq.ft off building for expansion and relocation of the Waterloo Social Security Office, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as August 25, 2008. REPORTS 3. Resolution-to approve communication from Human Resources Director transmitting Voluntary Transfer of Benefits Policy. 4. Resolution-to approve communication from City Clerk transmitting Smoking Area Application Form. DOCUMENTS 5. Riverfront Stadium East Concession Renovation Project. Motion-to approve communication from Leisure Services Director transmitting Change Order No. 1 for a net increase in the amount of$2,847.00 for work performed by Prairie Construction of Waterloo, Iowa. 6. F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703. Motion-to approve communication from Associate Engineer transmitting Change Order No. 3 for a net decrease in the amount of$12,169.56 for work performed by Happel Excavating, Inc. of Waverly, Iowa. 7. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Happel Excavating, Inc. of Waverly, Iowa at a total cost of$2,290,123.87 in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, and receive and file two-year Maintenance Bond. 8. Resolution-to approve communication from Associate Engineer transmitting Amendment No. 1 to agreement with VJ Engineering at a cost of$7,500.00 to develop plats and legal descriptions in conjunction with F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossings, Contract No. 747. 9. Resolution-to approve communication from Associate Engineer transmitting Notice of Discontinuation of Storm Water Discharge covered under Iowa NPDES General Permit 2 with Iowa Department of Natural Resources for construction activities in conjunction with F.Y. 2007 Riverwalk Loop Trail East 6th to 18th, Contract No. 696. August 11, 2008 Page 5 10. Resolution-to approve communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for renewal of storm water discharge in conjunction with F.Y. 2007 Riverloop Exposition Plaza, Phase 1. 11. Resolution-to approve communication from City Clerk transmitting agreement with American Red Cross to use Veterans Memorial Hall in case of emergency or disaster, together with recommendation of Memorial Hall Commission. 12. Resolution-to approve communication from Community Planning & Development Director transmitting Property Access Agreement for 415 East 8th Street, 906 Franklin Street and 926 Franklin Street to perform environmental site assessments as part of the Brownfields Redevelopment Program in the downtown area. 13. Resolution-to approve communication from Community Planning & Development Director transmitting Property Access Agreement for 216-222 Commercial Street and Parcel #8913-26-205-007(Locus Partnership) to perform environmental site assessments as part of the Brownfields Redevelopment Program in the downtown area. 14. Resolution-to approve communication from Planner II transmitting request of Scott & Connie Peterson for tax exemptions on improvements totaling $150,000.00 for property located at 1045 Fulton Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval. 15. Resolution-to approve communication from Community Planning & Development Director transmitting Development Agreement with Cardinal Construction Inc.for development of 14,400 sq. ft. professional office building in Country Club Business Center between Tower Park and Fisher Drive with a new minimum taxable value of $3,202,656.08, including tax rebates for seven years at 100 percent and an 8th year at 36 percent for repayment of their land purchase . 16. Resolution-to approve communication from Community Planning & Development Director transmitting Development Agreement with Cardinal Construction Inc.for development of 5,300 sq.ft. and 3, 840 sq.ft. office buildings in the Country Club Business Center between Tower Park and Fisher Drive with a new minimum taxable value of$2,301,724.30, including tax rebates for seven years at 100 percent and an 8th year at 80 percent for repayment of their land purchase. 17. Resolution-to approve communication from City Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal for Preliminary and Final Plat of Greenbelt Centre No. 3. 18. Preliminary Plat for Greenbelt Centre Plat No. 3. Resolution-to approve said preliminary plat and necessary documents. August 11, 2008 Page 6 19. Final Plat for Greenbelt Centre Plat No. 3. Resolution-to approve said final plat and necessary documents. 20. Final Plat of Country Club Business Center Third Addition. Resolution-to approve said final plat and necessary documents. 21. Resolution-to approve communication from Community Planning & Development Director transmitting First Amendment to City of Waterloo Section 108 Loan Guarantee Contract with the U.S. Department of Housing and Urban Development to allow the city to retain the funds for reuse and not deposit them into the Loan Repayment Account and extend date for withdrawal and disbursement to December 31, 2009. 22. Resolution-to approve communication from Community Planning & Development Director transmitting Total Acquisition Contract with Wayne and Joanna Wiltfang for 218-220 West 2nd Street for$55,000.00 and 224-226 West 2nd Street for $58,315.00, and $50,000.00 for potential relocation and closing costs. 23. Resolution-to approve communication from Director of Cultural & Arts Commission transmitting application for a Cedar Falls Tourism and Visitors Bureau grant in the amount of$2,200.00 to be used for marketing and advertising efforts for the annual Holiday Arts Festival. ORDINANCES TO BE ADOPTED 24. An ordinance amending the 2008 Traffic Code by adding Subsection (9a) Linn Street to Section 546, Yield Intersections (installing yield signs on Linn Street at the intersection of Ricker Street). Motion-to receive,file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. NEW BUSINESS 25. Resolution-to approve communication from Police Chief requesting to set date of hearing as August 25, 2008 on purchase of a new target system for the Police Training Center. 26. F.Y. 2009 Sidewalk Repair Block Grant Program -Zone 8, Contract No. 751. Motion-to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion-to receive and file plans, specifications, form of contract, etc. Resolution-to preliminarily approve plans, specifications, form of contract, etc. Resolution-to instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids. Set date of hearing as August 25, 2008. August 11, 2008 Page 7 27. Young Arena Message Center. Motion-to instruct Leisure Services Director to prepare plans, specifications,form of contract, etc. Motion-to receive and file plans, specifications,form of contract, etc. Resolution-to preliminarily approve plans, specifications, form of contract, etc. Resolution-to instruct City Clerk to publish notice of plans, specifications,form of contract, etc. and taking of bids. Set date of hearing as August 25, 2008. 28. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to install temporary No Parking signs on the south side of Oleson Road between Hammond Avenue and Bethel Street. 29. Resolution-to approve communication from Community Planning & Development Director transmitting request to sell and convey Fire Station Number 8 generally located at the northwest corner of LaPorte Road and San Marnan Drive for$2.1 million to First Equity Acquisitions LLC. Set date of hearing as August 25, 2008. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, August 11, 2008 4:30 p.m. - Council Work Session, Council Chambers 4:45 p.m. -Human Resources Committee, Council Chambers 4:50 p.m. -Public Safety Committee, Council Chambers 4:55 p.m. -Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Civil Service List for the position of Fire Inspector, as certified by the Civil Service Commission on July 31, 2008. 2. Civil Service List for the position of Signal Technician II, as certified by the Civil Service Commission on July 31, 2008. 3. Civil Service List for the position of Sign & Traffic Equipment Operator, as certified by the Civil Service Commission on July 31, 2008. August 11, 2008 Page 8 4. Civil Service List for the position of Equipment Operation II, as certified by the Civil Service Commission on July 31, 2008. 5. Memorial Hall Commission minutes of July 23, 2008 on file in the City Clerk's office. 6. Waterloo Commission on Human Rights minutes of January 10, 2008, February 14, 2008, March 13, 2008, April 17, 2008, May 8, 2008, June 12, 2008 and July 10, 2008 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2007 Street Reconstruction Program, Contract No. 718. Pay estimate No. 23 to Aspro, Inc. in the total amount due of$14,222.17. 2. F.Y. 2008 Asphalt Overlay Program, Contract No 737. Pay estimate No. 5 to Aspro, Inc. in the total amount due of$222,163.81. 3. F.Y. 2008 Street Reconstruction Program, Contract No. 736. Pay estimate No. 8 to Aspro, Inc. in the total amount due of$227,685.06. 4. F.Y. 2008 Sidewalk and Recreation Trail Program-Zone 8, Contract No. 740. Pay estimate No. 4 to B&B Builders in the total amount due of$32,668.62. 5. F.Y. 2008 E. 4th Street Reconstruction & Streetscape Improvements, Contract No. 742. Pay estimate No. 1 to Peterson Contractors in the total amount due of$8,223.20. / 759/ CITY OF WATERLOO, IOWA COUNCIL RECORD (^) / 9— that the Agenda, as proposed, for the Regular Session on Monday, Au ust 11, 2008, at 5:30 p.m. , be accepted and approved. Ayes: � , p otion carried. GZI� � 1� ; ,& €- /J 4 e--LY;.AW AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT Pi to N 0 N 'CI ►i rn CD a •l [xi H O ro n 0 (D }- 0 ri CD ct L Rib O H V 0 it f-•+ p. CD ct 0 0 ri N• .. CD rt a Q• !<D (D (D �A H H n tzi N• a 0 0, � Z n 0 H H zZ Sv 0 PC 0 H t7 {�� Z l0 00 rt NI A. H Z H `�i ;+ O H 0 - - Z °SU z 0 i► a ;,. z illi CD • '0 0 rf 10 b.tv Or- 0 o - ilkli% Cr CD a go `a June 26, 2008 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa, at 1:00 p.m. , on Thursday, June 26, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. 127397 - Reggie Schmitt/Steve Schmitt that the Agenda, as amended, for the Special Session on Thursday, June 26, 2008, at 1:00 p.m. , be accepted and approved. Ayes: Seven. Motion carried. 127398 - Reggie Schmitt/Welper that copies of Call for Special Session on Thursday, June 26, 2008, at 1:00 p.m. , be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 127399 - Reggie Schmitt/Welper that "Resolution approving bills payment in the amount of $202,635.07 to First Administrators, Inc." , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-563 . 127400 - Cole/Reggie Schmitt that Professional Services Contract with Beck Disaster Recovery, Inc. of Orlando, Florida for engineering consulting services related to public assistance flood recovery efforts to allocate for only items covered by FEMA with city's cost not to exceed $25, 000.00 and all other items to come back to council for approval, be received, placed on file and "Resolution approving said contract" , be adopted and Mayor authorized to exceed same. Prior to a vote on the above motion, the following comments were heard. Mayor Hurley reported that he was contacted by Jon Hoyle, Vice President of Beck Disaster Recovery, Inc. , to monitor the contract the city has with Ceres Environmental for flood debris removal. Beck Disaster Recovery, Inc. (BDR) will help the city maximize any payments eligible from FEMA. Jon Hoyle, Vice President of Beck Disaster Recovery, Inc. , explained that they contract with cities who have had major disasters. BDR provides professional services with expertise in accounting and finance work to augment debris removal. They ensure that the paperwork and documents are in place for federal and state review. BDR also helps to identify other funding sources. Mr. Hoyle noted that they provide services on an hourly basis, and that cost is reimbursable at a rate of 75 percent FEMA, 10 percent State and 15 percent local. Mr. Hoyle explained that they are proposing an ala carte contract, so that Mayor Hurley and city staff can decide what part of the services the city wants to use. Mayor Hurley noted that this is a professional services agreement, so the city was not required to competitively bid. Eric Thorson, City Engineer, reported that since it is an ala carte contract, they will look over things that will save staff time. At this time, the debris removal contract has one team in town and the engineering department has one engineering tech monitoring them. If the debris contractor bring in more teams, the engineering department would not have enough people to oversee them. Jamie Knutson, Associate Engineer, is working with the FEMA people. Councilperson Steve Schmitt stated that it was his understanding that the agreement approved on Monday night with Ceres for debris removal was per tonnage, so he thought there would be measurable means in place. Mr. Thorson responded that Ceres has a good ticket system, but FEMA requires that the city monitor them. Mayor Hurley reported that FEMA will audit what is submitted by the city, and it is important that we have documentation. Mayor Hurley stated that 90 percent of the debris is done by volume. June 26, 2008 Page 3 Documents - continued Councilperson Greenwood stated that he recognizes that the city has to know how to bill in order to maximize our return. We have a Senator who lives 25 miles from here and he knows about the devastation. It looks like the city will need another company to make sure Ceres is performing. Councilperson Greenwood stated he feels FEMA should be helping the city fill out our forms. The city is trying to mitigate its damages, and if the bureaucracy is that large there is something wrong with the system. Mayor Hurley stated that he has been told stories about companies getting paid for more than the services they provided. Councilperson Cole stated she concurs with Councilperson Greenwood that we have one of the most powerful senators living in New Hartford and another senator in Cedar Terrace who is very important. Councilperson Cole stated she feels there is something wrong with the system when we have to go to a private company to deal with another company. As bad as things are here, we are not dealing with the scope of Katrina. Councilperson Cole suggested that an alternative would be for Mr. Thorson to hire a local firm to supervise our debris removal contractor. Councilperson Reggie Schmitt stated that there might be a lot of paperwork, and the city needs to hire BDR or whatever company to protect ourselves. Mayor Hurley stated that we have no idea what is coming at us in red tape. They are going to want to know how many homes and the assessed value. Lou Cutwright, Building Official/Maintenance Administrator, reported that there are 534 properties that have been affected by the flood, and they have performed 856 flood related inspections on these properties. Councilperson Welper noted that he was against this contract until he heard what was said today. It is too late to change what FEMA is doing or not doing, it involves paperwork and personnel. The city is shorthanded, and he sees this as an opportunity for the city to get help. Mayor Hurley noted that the contact allows for the city to commit to a minimum of service with options to pick other services if needed. Councilperson Hart stated that it looks like there are two areas that will be covered by BDR: monitoring of debris pickup and accurate record documentation to complete FEMA paperwork. Mr. Hoyle stated that if the city contracts simply for monitoring that would be the positions at the two lowest rates. FEMA paperwork is similar to the IRS tax papers, with the simple form we can do ourselves. With a large scale disaster, the paperwork is more complicated, and that is when a business would get an accountant because it saves money for any mistakes. Councilperson Hart noted that the cost for monitoring is $45.26 and $41.96 per hour, and that if that is the area the city needs those would be the folks we would get. Mr. Hoyle responded that he believes it would be the $41.96 per hours, as he doesn't believe the city will need anyone on the tower, just to monitor the scale tickets. Councilperson Hart stated that he is hearing that the city' s most immediate needs are communication with FEMA, documentation and making sure the city fills out the proper paperwork. Councilperson Greenwood stated that it sounds like BDR has a good relationship with FEMA and asked if BDR is an advocate or advisory for FEMA. Mr. Hoyle responded that usually at the local level, they have a cooperative relationship. FEMA has contracts with folks who help save FEMA money. FEMA wants to give everything legal to the city. Councilperson Getty asked if the Board of Supervisors is contracting with BDR. Mr. Hoyle responded he has met with Frank Magsamen. Mr. Anderson stated that he feels the city needs BDRs expertise to find funding sources for citizens for help with their repairs. Councilperson Getty called the question. August 4, 2008 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, August 4, 2008. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. 127554 - Welper/Steve Schmitt that the Agenda, as amended, for the Regular Session on Monday, August 4, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 127555 - Welper/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 28, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. Mayor Pro Tem Reggie Schmitt presented Coach of the Year to the following: Jon Olson, Greg Wolf, Ria Hansen, Luke Jenson, Andrew Metcalf, Jon Dabney, Marvin Spencer, Jim Moeller, Robin Lund. Mayor Pro Tem Reggie Schmitt presented Character Counts Players of the Year to the following: Austin Ross, Katelyn Kinnetz, Brooke Craig, Trenton Stoakes. Mayor Pro Tem Reggie Schmitt read a Proclamation declaring August 5, 2008 as National Night Out. CONSENT AGENDA 127556 - Welper/Hart that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-62, dated August 4, 2008, in the amount of $2,292,545.64, 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 Pro Tem assigned No. 2008- 642. b. Motion-to approve the following: 1. Wendy Drinovsky, Systems Coordinator; Rose Davis, Records Clerk; and Molly Voiding, Records Clerk; to attend Uniform Crime Reporting Training Conference in Johnston, Iowa on August 19-20, 2008, with costs not to exceed $300.00, including use of city vehicle. 2. Shawn Bram, Police Officer, to attend Basic SRO School in Springfield/Willard, Missouri on August 3-8, 2008, with costs not to exceed $1,453 .00, including use of city vehicle. 3 . Kye Richter, Police Officer, to attend Armorer Course in Cedar Rapids, Iowa on August 19-21, 2008, with costs not to exceed $511.00, including use of city vehicle. 4 . Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Mathew Vlasak to the position of Traffic Signal Technician II, effective August 5, 2008. c. Beer/Liquor License Permit Application Class C Chapala Mexican Restaurant, 900 LaPorte Road (Renewal) (Expires 8/7/09) (Includes Sunday Sales) August 4, 2008 Page 3 Documents continued 127559 - Getty/Hart that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $1,539, 947.00 with Vieth Construction Corporation of Cedar Falls, Iowa in conjunction with F.Y. 2008 Cedar Valley Renaissance Trail Enhancement, Contract No. 743, be received, placed on file and "Resolution approving said documents" , be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-644. 127560 - Getty/Hart that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $730,281.00 with Electric Pump, Inc. of Des Moines, Iowa in conjunction with F.Y. 2008 West Commercial Street Stormwater Pumps Base Bid + Alternate 2, Contract No. 750, be received, placed on file and "Resolution approving said documents" , be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported this project is for the new West Commercial Street that runs behind the TechWorks and the front of Deere's facilities that comes off River Road and runs around to the new Westfield connection to Highway 63 and 218. The project includes a large pump station. They expect to start the project within the next several weeks. Councilperson Getty asked if the pump station will eliminate run off on the corner of Mullan and Jefferson area. Mr. Thorson responded the new pump station will handle the storm water in that whole area, west of West Mullan, around Westfield and the Deere property and the new TechWorks area. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-645. 127561 - Getty/Hart that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $5, 024,362.36 with Cedar Valley Corporation of Waterloo, Iowa in conjunction with F.Y. 2008 West Commercial Street Extension, River Road Relocation, and Storm Water Pump Station Base Bid + Alternates 2 and 3, Contract No. 720, be received, placed on file and "Resolution approving said documents" , be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-646. 127562 - Steve Schmitt/Welper that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with the Iowa Department of Natural Resources in conjunction with F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743, be received, placed on file and "Resolution approving said notice of intent" , be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-647. 127563 - Steve Schmitt/Welper that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Bentley Construction, Inc. of Waterloo, Iowa at total cost of $115, 026.04 in conjunction with F.Y. 2008 Sidewalk Repair Program - Zone 7, and Trail Repairs, Contract No. 723, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-648. August 4, 2008 Page 5 New Business continued 127573 - Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with Asbestos Removal, Rath Administration Building, Contract No. 131-AR-09-2-08-GO, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127574 - Greenwood/Steve Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project" , be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-652 . 127575 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 25, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project" , be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-653 . 127576 - Greenwood/Steve Schmitt to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of one Current Model Year End Loader, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127577 - Greenwood/Steve Schmitt that specifications, bid document, etc. in conjunction with Purchase of one Current Model Year End Loader, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127578 - Greenwood/Steve Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described purchase" , be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-654 . 127579 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as August 18, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described purchase" , be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-655. 127580 - Greenwood/Steve Schmitt to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with 2008 Stone Replacement for The Waterloo Public Library, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 127581 - Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with 2008 Stone Replacement for The Waterloo Public Library, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 127582 - Greenwood/Steve Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-656. August 4, 2008 Page 7 Oral Presentations continued Mike Jones, 5067 Foulk Road, reported he has had to wait six weeks to get the electrician to come back from Waverly because he is putting in furnaces and air conditioners, and he is booked up into August this year. Mr. Jones explained that since he had his air conditioner installed this spring before the flood and paid him upfront, the electrician honored him and came back and put him on the list. Otherwise, he was not going to do anything in Waterloo because of all the hoops he has to go through. Mr. Jones stated he moved back into his home a week ago, and he feels it is a hard thing to play ball with the people here in Waterloo. He has lived here all his life and feels it is sad this came down to a $400.00 building permit. Because of some donated labor, the inspectors took off that fee so now it will cost $370.00 just to put things back order, such as sheet rock. Mr. Jones stated they lost all the carpeting, linoleum, and furniture in the basement. Now he has to get another loan from the bank and pay flood insurance on that and it doesn't make sense. Craig McIntyre, 5137 Foulk Road, reported there is a field to the north of East Shaulis where the river or creek broke through, and there is sand strewn all the way through that farmers field. Mr. McIntyre asked if the city going to do anything about building that back up. Mayor Pro Tem Reggie Schmitt responded the city engineer will check on that. Councilperson Getty asked if it is a fact that a contractor or electrician from outside the City of Waterloo is not allowed to work in Waterloo. Louis Cutwright, Building Official/Maintenance Administrator, explained that the State passed a law in January that requires all electricians to be licensed in the State of Iowa no matter where they are. Electricians had to send a letter to the State, the State sent the letter back. The letter was not a license, but it had an official number on it saying that they had applied for a license. The city's Electrical Contractors Board, because of the regulations that have been in place for the last 20 years in Waterloo, requires that the license be accompanied by a test that the individual had taken previously from a national testing organization, the name was Prometric and now it is Experior Block Testing. Mr. Cutwright noted the only thing the city requires is that the contractor show he has taken those tests and then the inspection department will give him a license based upon a reciprocal license with the State. The State offers two types of license. They offer a license that they will issue based on nothing but experience and that is a Class B license. The Class A license is based upon them taking a test. The city' s Electrical Contractors Board has decided that we will honor and recognize all Class A licenses issued by the State, but not Class B because of the regulations that the city has had in place for years. Mr. Cutwright explained that the test is not given by the city but by Thompson Prometric. Its given throughout the state of Iowa once a month in one or another city throughout the state. In this region within a radius of 75 miles of Waterloo, it is given approximately six times a year. Councilperson Greenwood stated he feels sorry for the people who have been damaged by the flood and what is the cost to the city to provide the inspection services. Mr. Cutwright responded that the budget every year just to run the Inspection Department is approximately $900, 000.00 a year. The permit fees pay for the labor, the cars, and the gasoline necessary to go out and make these inspections. Its not just a profit application, and the permit fees are charged in order to make those inspections. Councilperson Hart asked if other cities around the state or within the Cedar Valley charge a permit fee or is it just Waterloo. Mr. Cutwright responded there are two things we are talking about. We are talking about licensing as opposed to the actual permit fee. Permit fees are generally driven by an ordinance of a city. Most all cities have an ordinance to support their Building Department, then they adopt a permit fee schedule, and Waterloo has adopted a permit fee schedule. Mr. Cutwright stated he received several calls indicating that now that we were impacted by the flood, we don't need a permit to put things back together. But that is not so because a permit is necessary to put things back together. One of the largest problems in a flooding situation is dealing with the electrical. Some individuals think that if its underwater and its now dry on the surface than everything is fine. Most electrical cabling has a paper wrap on the internal side of the vinyl. That paper gets wet and it will very seldom dry out, and any kind of a niche in the internal wire can cause a problem. This is why the need to have a licensed electrician to make the home runs, to go back to the box. •puads o; paau ;ou saop A;To ag; Aauow sT sTu; sTaa3 aq qeg; page;s A;;ao uoszad'Touno3 •s;as{oT; dTz; pue saDTonuT A;Tzan drag oq rauuoszad alp apTnozd O . sT aa3 Arznoq aqq page;s aTAoH •zW •){zoM 3o pups{ sTq; zo; pauTe. ; zou argeTTene sT ;;e;s ATTo TIP ;ou .eti; pa;ou AaTznH zoAew •pa;eraz poor; sT ;T azns axew pue speor aq; zo;Tuow pue saza0 uo aAa we daaN o; ;;e;s gbnoua seg AgTo aq; sTaa3 aq pa;e;s A;;ao uoszad'Touno3 •'enowaz sTzgap ag; zano gogeM 0; auoawos aneg o; aneg am sAes Aa'znH zoAeW Mou pue saza0 pazTq A;To agy •goez;uoo sTq; ;suTebe sT aq page;s A;;ao uoszadrTouno3 •argeszngwTaz FIWg3 aq ;ou pTnoM aoTnzas qeq; ;nq 'uapznq s,AgTo aonpaz o; sAeM snoTzen are azag; page;s arAoH •zW •buTbbegpues ag; q;TM padrag ogM asog; zo3 sznoq zaa;unTon asn zo saoTnzas pup{-uT op p'noo A;To spaau AgTo ag; ;ua;xa aq; o; papuodsaz aiAoH zW •buTpun3 TeuoTgTppe puT; of 'spraT3uMozg aqq uT se gons 'sassauTsnq Trews ggTM saTTTo sdrag ?Mg ;T paNse quawdoTanaC pue buTuuerd AgTunwwo0 'uoszapuv Ta0N 'HUH aNTT wzT; e 10 A;To ag; zaq;Ta 'Tenowaz sTzgap alp zogTuow oq auoawos saITnbaz vWsa gegq. papuodsaz zaupTaM •zW •buTdaaNpzooaz zo3 apTnozd saop ;oez;uoo s ,Auedwoo sTzgap aq; Teti; pa;ou ;zeH uoszadiTouno3 pop are s2 zno pue ssozo aze sy zno rye qegl azns aTew TTTM HQg ,eq; pale;s ;;Twgos aTbbaH uoszadiTounoD •YWg3 zo3 zapzo uT sbuTgp sdaaN A;To alp gegq azns aNew oq sT Auedwoo sTq; ggTM buTgoezquoo Teg3 sT buTpuegszapun sTq 4eq; pa;uawwoo gzeH uoszadTTounoo •goezquoo sTgf ggTM op oq buTgpou seg yWg,3 woz3 paszngwTaz buT;;ab ;pq; papuodsaz zaupTaM •sW •paszngwTaz aq TTTgs GM pTnoM saoTnzas sHQg asn qou saop AgTo aq; 3T pa3{se all pue 'uoTTTTw TS o; do paszngwTaz aq pTnoM Tenowaz sTzgap aq; ';uawnoop aq; go E abed o; buTpz000e qeq; pa;e;s ;zeH uoszadiTounoD •Ara;eTzdozdde quads aze spun; alp ;eg; aas o; aTgTsuodsaz sT A;To alp ;nq 'aTgT5TTa sT A;To aq; sAes wezbozd aoue;sTsse oTTgnd agy .ywad woz3 aTgeszngwTaz qou saoTnzas Aue ;o AgTo alp A;T;ou pTnoM Aag; ;eg; papuodsaz aTAoH •zW •saoTnzas reuoT;Tppe apTnozd ueo osre HQg pue 'vwsd woz3 aTgeszngwTaz Arre;o; sT HQg g;TM ;oez;uoo ag; Ar;oazzoo auop ;T pue 'saoTnzas anTTez;sTuTwpe zno ;oez;uoo o; sT ;uawaazbe sTq; pa;ou ;;Twgos aTbbaH uoszadiTounoD .sassauTsnq drag o; s;sTreToads aneg yW8,3 pue uoTTez;sTuTwpy ssauTsng 'yews aq; Teq; pa;zodaz 'zaDT;;O reToueuT,3 ;aTgo 'zaupTaM aTTagoTW •Aauow ,szaAedxe; ;ab o; Aauow ,szaAedxe; buTsn g;TM wa'gozd e seg ag laW83 pue uoTqezlsTuTwpv ssauTsng Trews aq; buTuzaouoo gegq pa;e;s ;;Twgos ana;s uoszadITaunoo •dnNoTd sTzgap TeTozawwoo zo3 A;TTTgT6Tra zo3 o; pa;;Twgns aq o; aneg pTnoM ;sanbaz e ;eq; pa;ou a'AoH •zw •qpreag oTTgnd agn pauageazq; pue aouesTnu e seM ;T asneoaq krwaa zo3 argTbTra sTzgap TeTozawwoo awos ;ab o; bzngszaNzed q;TM paNzoM Aag; qeg; pauTerdxa aiAoH •zW 'Ting uT Aed o; aneg pTnoM A;To ag; pue a'geszngwTaz ;ou sT qeg; ;nq '){zoMzaded aq; q;TM drag o; szo'asunoo aseo sapTAozd HQg Teti; pa;ou aTAoH •zW •KWH,3 zo; DTdO; e sT ;uawaszngwTaz TeTozawwoo qeq; papuodsaz AaTznH zoAeW -spun; Aue buTATaoaz ;ou are pue NzoMzaded q;TM paw'agMzano aze sassauTsnq ;nq 'sNoago buTATaoaz srenpTATpuT 3o saTzo;s pzeaq seg ag 3eq; pare;s ;;Twgos ana;s uoszad'TounoD •vwg,3 mom; ;no puT3 o; aTAoH zW zo3 uoT;sanb a sT sassauTsnq zo3 dnxoTd sTzgap op ueo A;To aq; zag;aqM •azngonzgsez3uT oT'gnd pue s;uapTsaz zo3 dnNoTd sTzgap apTsgzno buTop sT saza0 ;nq 'TeTozawwoo ppe prnoo ATgegozd A;To aq; ;eg; papuodsaz AarznH zoAew •suazT;To zo sassauTsnq ;ou pue A;To aqq zo; AT;DTz;s sT ){zoM sTgn ;T paNse ;;Twgos ana;s uoszadiTounoD panuT;uoo - s;uawnooa abed 800Z '9Z aunr • xzaTJ A;TD DWD ';zaxog AoupN •paTzzeo uoT;ow •A;;a0 :;uasgy •xTs :saAy •w•d OZ: z .e uznoCpe TTounoD at;; 4E4; aToah4TwtpS aAalS - TOT7LZT mawmanora d •as;;Twwop aoueuTd alp gbnortp passaoozd aq pTnoo saa3 zaMas pue saa3 gTwzad zo3 Sagegaz zo3 sq.sanbaz ;pit; palsabbns TgTwgos uoszadTTounop •w•d 8T:Z 4e quasge MOU Alga° •saa3 Sqg buTATeM Jou 'Azessaoau ;Twzad ou zeaq aTdoad •pooT3 aql 3o asneoaq ;Twzad buTpTTnq e paau ;ou pTp Aagq pzeaq Aagq buTAes uoszad auo 4 TM 'sTTeo auogd oM; paATaoaz aq getp pa.qe;s �gbTZM;nj •zw •buTggAue op o; azngewazd sT qT SxuTgl aq qeu; pup 'epuabe at;l uo wag.T sTq; ;nd o; uoTgoeaz xzaC aaux e gsnC SeM ;T pup saa3 au; buTATeM SaTgTo zat.mo ;noge pzeaq ppq aq gpuq. pagegs AaTzng zoAew •saa3 asot;; anTpM am op 'uoT.Tppp UP UT buT;qnd auoawos o; ;uawaspq papooT3 e wox3 a•TeTwaxa33Tp am op Mot; paxse ;116TZM;n3 •1W •szo;oadsuT auq. zo3 sApd Teq; wpazq.s anuanaz att; aonpaz TTTM saa3 Aup buTATeM Jpuq. pa;ou ;u6TzMJnD •zw •s;Twzad buTTeoq xo TeoTa;oaTa au; uo ;ou pup s;Twxad buTpTTnq aq; uo ATuo ;sabbns pTnoM aq 'saa3 ;Twxad alp anTeM o; sap-pap TTounoo 3T ;eu4 pa4sabbns ;ZjbTxM;nJ •aw •Vyma Aq pazanoo aq ;ou awT; 33eJs ;e14 TTTM saa3 ;Twzad ATM am 3T pup 'suoTgoadsuT au; oquT awT; buT;;nd sT 33e.;s ;ettq pa;ou ;g6TzM;n3 zyl .wain aszngwTaz pup xopq ob am oa •zo;oez;uoo at;; oq saa3 pled aApq Aaq; azagt s;Twzad 00'v panssT Apea.Te set; A;To aqy 'sgTwzad buTpTTnq ate; buTpxebaz uoT;ezapTsuoo owT axe; o; sbuTuq, 3o saoT axe azagq. pa;zodaz 'zo;pzgsTuTwpy aoupuaquTpW/TeToT33p buTpTTng ';g5TzMgnJ flog •uoT;oe Tewzo3 ou xooq pup saa3 ;Twzad buTpTTnq ;o zanreM passnosTp Ai;aTzq szagwawTTouno3 'i79S-800Z 'ow paubTsse zoAew Aq Tenozdde uodn pup pagdopp uoT;nTosau •4;TwuPS ana4S 'A;;aD :SAeN •aAT3 :saAy •4Tnsax buTMoTTo3 aqq gq.TM uoTgow anoge agq. uo uaxe; seM aq.oA p swawwoo buTMOTTod panuTwoo - squawnooa abed 800Z '9Z aunr •pataapo not;ow •ajo0 :;uasgy 'xts :saAy awes agnoaxa oq paztaoggnp way old aoApw pup panoaddp pup aTT3 uo paopId 'pantaoaa aq '£ZL 'oN lopaquo0 'satpdag Ttpay pup 'L auoZ - wpaboad atpdag xTpMaPTS 800Z -A'3 1 TM uoTlounCuoo uT pMoi 'ooTaaTem 3o •oui 'uoTgonagsuo0 AaTquaa Aq pawao;aad xaoM ao3 6T'L66 'L£$ 3o qunowp aq; uT aspaaaut law p ao3 E 'oN aaiIO abupu0 but;;Twsupaq aaautbua Ag30 ;up;sassy woa3 uoTTpotunwwoo wu.4 ��twLloS ana4s/aadTaM - 8SSLZT sImaKIIOOa ' £''9-800Z 'oN paubtssp way old aoApw Aq Tpnoaddp uodn pup pagdopp not;nTosag •aTo3 :quasgv+ •xts :saAy '4Tnsaa butM0TT03 aup t TM not;ow anogp agq uo uaxpq SPM a;on p swawwoo butMoTTo3 •Agto aq; uT uo buTob sT gett uo paspq apaA o; apaA woa3 uMop ao do anow upa sgoaCoad pup 'SMoab AgTo auq. Sp abusgo saTgTaotad ally •quawnoop oTTegs p qou sT wawnoop sTgq gpuf pagou q;twuoS atbbag way cad aoApw •AapagtZ oTTgnd ooTaa;pM au; pup aot33o butuoz pup butuupTd 'aot33o s,NaaTO AgTD agq uT aTT3 uo sT we'd aq.4 3o Adoo p qpup pa;ou 'uosaapuy •aw •satgtun;aoddo aaggo pup swpab sp TTaM Sp spuoa O0 'saSTTop Tpaapa3 OdN Sp lions SaoanoS butpun3 SapnTout wpaboad Squawanoadwt TP4Tdpo aqy •sasanoo 3TOb all; oq pup gaodatp aq; oq squawanoadwt 'ants utpTaagwpu0 aq; 'AgTo atm gnogbnoaup SuoT4TTowap ''gaxapw oTTgnd aq; 'sabpapb butxapd ag; 'wnTppgs Tuoa;aantg oq squawanoadwT 'S;oaCoad wpp agq 'xTpMaantg auk 3o suoTgaod ';uawaopTdaa dwnd Jaaa4S 4,9 gsps 'abputpap gaaa4s NapTO pup xaaa0 xuts 'xaaa0 utpaaA buTAoadwt 'uoT4s0T3TJaao Anal 'Tpt 1 mm papMao3 sanow TTounoo auk 3T uoTgoasaaquT ApMabptg puowwpg 'uotsua;xa gaaa4S Tptoaawwo0 au4 'uotsua;xa ppog stjnpus aqq :aap apaA agptpawwt alp UT papnTaut sgoaCoad au; 3o awns -apaA aqq ao3 sgoaCoad atau; azTgTaoTad uaq; pup 'supTd-waa; buoT pup spaau agptpawwt ataup qv xooT o; wawgapdap A;to gopa uPTM ;aaw squawgapdaa TpToupuT,3 pup butuupTd au; •Ssaooad said 3o 4apd sy •ooIaa;pM 3o A;TO atfl ao3 ;aaCoad quawanoadwt Tp;tdpo "lova ao3 butuupTd abupa-buoT pup a6upa-.4aogs 1p xooT o; sn sMoTTp 4I 'ooTaagpM 3o A;to aqq 3o satfTTTgpdpo Tptouput3 pup sTpob 'spaau atj; MaTnaa 04 ATTpnuup paTppdn Sqi upTd apaA anti p sT wpaboad swawanoadwI Tp;tdp3 awl 1puq pautpTdxa 'aogoaata wawdoTanaa 9 butuupTd A;Tunwwo0 'uosaapuV TaoM .papaw aaaM squawwoo butMoTTo3 aq; 'uo-pow anogp alp uo agon p oq aotad •pagdopp aq ' „4stT squawanoadwt Tp;Tdpo paps butnoaddp not;nTosag„ pup aTT3 uo paopjd 'paATaoaa aq '£TOZ-600Z apaA Tpost3 ao3 ;STI swawanoadwi Tp;tdpD but.4;twsupa; aogoaata quawdoTanaa pup butuupTd A;tunwwo0 woa3 uoT;potunwwoo ;PIT; aadTaM/A44a0 - LSSLZT SyxOdax •pataapo uoT4ow •aTo3 :wasgy •xts :saAy 800Z 'S Pup ' gsnbny ao3 'ppog xapd 0S8 'TTpgaspg sxong ooTaaFpM uoT4s0TTddY ApTdsta sxaoMaat,3 anuany ApMabptg 's O£Z 'uoTTegS aoTAaas da puTZ war not;poTTddld gTwaad 000pgoy/aq;aaPETD •3 (saTpS Appuns sapnTouI) (80/6Z/9 saatdxg) (TpMauag) 49aa;s uosaa33af LZT ' 'oui 'wnaToa;ad S '9 V sspTO uoTJ, DTTddV 4Twaad asuaat'I auTM •a (saTps AppunS sapnTouI) (60/6Z/9 saatdxg) (TpMauag) ;aaags uosaa33af LZT ' 'ouI 'wnaToa;ad S '9 V 0 ssPIO uotgpoTTddV gtwaad asuaatZ aaag •p panuT;woo ppuaby quasuo0 abpd 800Z 't gsnbnV •paTaapo uoTgow •alo0 :quasq- •xzs •panozddP pue eTT3 uo paopld 'panzaoaz aq '00-80-Z-60-2IV-TET 'oN goeaquo0 'butpltnH uozgpagstuTwpy ggpg 'Ipnowag sogsagsy gq.TM uoTgounCuoo uT •oqa 'goeaquoo 3o wzo3 'suotgpot;toads 'suPld aapdaad oq aolputpaoo0 s;upa0 pup sgoeaquo0 Bona;suT oq ggTwTDS anags/pooMuaaaO - ZLSLZT 'TS9-800Z 'oN paubtsse way oad aoAPw Aq IPnoaddP uodn pup pagdopp uoz;nlosag 'atop :quasq,/ •xTs :safy 'awes 3o aoT;ou gstlgnd pa;onagsuT xaa10 A -r3 pue pagdopp aq ' „goaCoad pagTaosap anogp agq uo spzq 3o buTxpq pue saagweg0 ITouno3 TIPH A TD agq uT 'w'd OE:S :P 800Z '8T gsnbny se •oqa ';oeaquoo 3o wao3 'suoTTPDT;Toads 'supld uo butaeaq 3o agep buiggas uoTgnlosag„ Tegq ggTwgDS anagS/pooMuaaaO - TLSLZT 'OS9-800Z '0N paubzssp way old aoAPw Aq IPnoaddp uodn pue pa;dope uoTgnlosag •alo0 :4uasgq 'xTS :saAy •pagdopp aq ' „goaCoad pagtaosap anoge ggTM uoTgounCuoo uT •oqa 'gopaquoo 3o wao3 'suotgPDT3Toads 'supld buTAoaddp AltapuTwTTaad uoTgnlosag„ gpgq a gTwgPS anagS/pooMuaaaO - OLSLZT •pazaapo uo-pow •alo0 :quasgy •xTS •91T3 uo paoeld pue panzaoaz aq 'wagsAS ;any IpzngPN PT T3uI wnTPPgS quoa;aanTH 800Z LIgTM uoTlounCuoo uT .ova 'gopaquoo 3o wa03 'suoTgeoz3Toads 'sueld gegq ggTwg3S snags/pooMuaaaO - 69SLZT •pataapo uoTgoW •alo0 :quasgi •xzS •panoadde pue aTT3 uo paopld 'panzaoaz aq 'wagsAS 3zny IPanTEN PIaT;uI wnTPPgS quoa3aaATH 800Z LPTM uoTgounCuoo uT •oqa 'goeaquoo 3o wao3 'suoTgpoTjToads 'suPld azpdaad oq ao;oaaTQ sap-FA/as aansTag gonaqsuT Oq ggTwgoS anagS/pooMuaaaO - 89SLZT SSSNIsnE MSN ' ZZ6' 'ON pauETssP way old aoAPw Aq IpnoaddP uodn pue pa;dope aoueuTpao •alo0 :quasgq •xzS :saAy •pagdopp pue sawzq plT114 pue puooas agq zo3 passed pue paaapTsuoo aq ' „ (anuany Ipbag 1.11-M uoTgoasaaquT gaaa4S plaT33atIS uo ubTs plaTA P TIPgsuT) suoTgoasaaquI PIaTX '96S uoT,oaS oq laaagS PTaT33aLIS (PST) uoTloasgnS buTppp Aq apoa oT33ezy 800Z agf buTpuawe aoupuTpaO up„ ;PIP aadlaM/gaeH - L9SLZT •PaTaapo uoTgow •alo0 :quasgy •xTs :saAy •papuadsns aq sbuTgaaw zoTad oMq qp abpsspd zo3 pagon pup paaapTsuoo aq oq, saouputpao butatnbaa salna qet aadlaM/gaPH - 99SLZT •paTaapo uo-pow •alo0 :quasqv •xTS :saAy •awTq gsaT3 agq zo3 passed pup paaapTsuoo 'aIT3 uo paopld 'panzaoaz aq ' „ (anuany Iebag ggTM uOTgoaszaquT age qP gaaa4S pIaT33a.IS uo ubTs plaTA P TTPgsUT) suOTIoasaaquI PIaTX '9tS uOTgoaS Oq gaazgg plaT33a'IS (PST) uoTgoasgns buTPPP Aq apoD oT33ezy 800Z aql buTpuawp aouPUTpIO UP. Tpgp aadlaM/gaPH - S9SLZT QSydOQV as Oy SHDNv'NIGHO '6v9-800Z 'ON paubTssp way old l0k W Aq IPnozddP uodn pup pagdopp uot.nlosag 'aToo :quasqld •xTg :sa1Cy .awes auq aanoaxa oq pazTaougnp s{aaTO A TD pup way old aoAeW pup pagdopp aq ' „cuawaaabp pTps buTnoaddp uoTgnlosag„ pup aTT3 uo paopld 'panTaoaa aq 'aaqua0 buTuTpay TPuotbaH age Te goaCoad doo' lupaPAH agq zo3 suoTgPOT;Toads pup supld aapdaad 04 00'000 'Z$ 3o gsoo P qP butaaauTbU U@SSPPID auAPM ggTM quawaaabp buTggTwsueaq ;aTuD aaT3 woa3 uoTJpoTunwwoo gpgq aadlaM/11TwgDS anagS - t9SLZT panuTquoo squawnooa t abPd 800Z 'V gsnbnNY '00'00S$ o; do put aq zo gTmaad s ansg o; peg age zag buTTTa; sT Agto agq qnq 'buzdTaq azs uazp[Tgo zag 'auop 4T 3o qoT p azzg o- pzo33s 4,ueo aqs asnsoaq awou zaq uT xzoM ag; 3o awns buzop sT age paVegs zaAaW •sN •;Tmzad alp obazo3 pus sarnz ag: 3o autos gsznbuTTaz o; Tzounoo ag; paxse zaAaN •sw •sTT2M ag; 4nq awou zag 3o ;no sT buTggAzana amz3 quazzno age ;s ;sg; paquamwoo zaAaN sN •luamaseq zag uT ;Td ag; uT zagpM psq zanau pus szeaA 8v zo3 awou zag uT panTT peg agS •smtpoTA aql uo Aazd oqM aTdoad ;no daax oq buTAzq sT Aq-co age gegq spuegszapun aqs paquawwoo zaAaw •sw •;sa; sTg; axeq buTneg 3o asnsoaq drag o: azag amp oq buTzaalunTon uszozz3oaTa pasuaozT s MoTTs ;,UOM Aag; gounegs os ooTza,sM sT AqM paxss zaAaW •sW •;sa; e gone buTxe; 3o abaTTATzd alp zo3 00'00£$ Aed o; aneg pInoM aq pus 'gluow e aou0 paza33o sT ;sal ag; prod ssM uvToTzgoaTa agy •ooTza;eM uT ;sa; e Noo; au ssaTun x1OM Aue op ;ou pTnoo au pro; ssM au 'TEE A;TD o; quaM au ua4M 3nq 'sMo2 uT usioTagoaTa pasuaozT a sT aH 'zaq drag o; amT; amos agpuop oJ, paqueM ogM uATpeag WOz3 upzoT1;oars us seg aqs 'zaq dTaq oq aTdoad pus szo;oezwoo dab oq buzAz3 uaaq ssg age pus '800Z '0T aunr aouzs awou zau 3o ;no uaaq ssq ags palzodaz 'psog szTnsgS ;peg OE05 'zaAaN uazex •00TzaJeM ;,ueo AqM paxss pus saa3 ;Twzad 1Taga paATpm aneg ATzaneM pus 'sired zepao 'sPTdsg zepao 3o saT;To ag; gegq, pa;ou 'PeoH )(plod LETS 'axAquloN bTpap •abpTaXPO '4sazo ganoS 'aTgzzy 'gsazo zepao 'Agng 'aTTag sapn10uz uoi4zppy aoezzay zepaa ag; qeu; pa;ou sauor •sw •azn;n3 agq oluz sabzsgo ;Twzad Aue ATM pus sabzsgo 3zwzad 'saxes TIP punJaz 0; Tzounoo buTNss azs Aagq pus 'sassoT aTag; 3o 330 ;TJozd abng s axew o; A;zo ag; zo3 4gbz1 sT ;T Taa3 sou saop age page;s sauor •sW .Saxe; Asd ogM suazT;To anTgonpozd 'buTxl0M pzeg azs Aagy •pooT3 aqs azo3aq azaM Aag; azagM o; xosq sawog age buibuizq ATdmTs axe ;nq sawog 1Tagq oq sagozod suossas zno3 buzppe qou azs Aagy •ssoT ,suazT;To agq pus TeTza;em 'zogeT pageuop 330 ;T3ozd 03 Agzo alp zo3 aTgpuotosu0oun sT ;T sraa3 age page;s sauor 'sW •smT;oTA pooT3 zo3 sgTmaad agg buTATeM anogs Nip. 0q q0u papToap Tzounoo gegq gasdn ATawaz;xa GIP Aag; pus 'u0T4TppV* aoezzay zepao pus szTnsgS gssg 'psog xTnod WOz3 szoggbTau zag q;zM buT;aaw s ,;gbruo; ;e seM age pagzodaz 'psog xTnod L9OS 'sauor uazsx - 98SLZT sNOIyYINdsaud glalo '659-800Z 'ON pauETsss way old zoAeW Aq Tsnozdds uodn pus pagdops uoTgnrosag •ar0a :;uasgy •xzS :saAy 'amps 3o aoTgou gsTTgnd pagonzgsuT xzaTo A;Ta pup pa;dope aq ' „;sanbaz pagTaosap anogs ag; uo szagwsgo Tzounoo TTsH AgTD a144 uT 'w'd OE:S 4e '800Z '8T lsnbny se buzzeag 3o aTsp buT;;as uoTgnTosag„ pup a1T3 uo paosrd 'paATGoaz aq 'gosa •33 •bs 000 'V ATagemTxozdds 3o sbuTpTTnq a0z330 zaTTsms zno3 o; do pus buzpTTnq aoT33o '33 •bs 00v'6T ATa;eWTx0zdds UP 3o quawdoranap zo3 MoTTp oq aATza usuzeW UPS pup anuanv gbnozogsuy 3o zauzoo ATzagseagfnos ag; qp pagsooT ATTpzauab ;uawdoranap zaqua3 ssauzsng gnTo A1wnoo ago 103 ;0T1 STa xzsd ssauzsng „d-g„ aqs of ;uampuawp usrd 9;Ts a zo3 ;sanbaz buTqqTmsuPaq zo,oaaTa quamdoranaa 5 buzuuSTd A;Tunmmoo moz3 uoz;soTunwwoo ;eq; zadTaM/31EH - S8SLZT '859-800Z 'ON paubTsse may old IOASN Aq Tsnozdds uodn pus pa;dope uoTgnrosag 'aroo :Wasgv 'xzS :saAv 'awls 3o Abzaug upozzamvp?N A3t40u oq pagonz;sui xzaTo A;TO pup pagdops aq ' „gsanbaz piss buTAozdds uoT nTosag„ pus PITS uo paoeTd 'P ATaoaz act '4aaz4S TTaMaN ZZT 30 AeManzzp age 30 ;sea ago 04 pus ;aaalS ult 'g TZ9T puzgaq pagsooT aq oa sggbTT poor3 0m1 TTe;suz o; gsanbaz buTJ, Tmsuszq suoTJezado oz33szy 3o quapuaquTaadnS woz3 uoT;eozunwwoo qeg; A;la5/41sH - t8SLZT 'LS9-800Z '0N paubTsse way old 10ASN Aq Tenozdde uodn pup pa;dope uoTgnrosau 'arop :quasgv •xzS :saAV .awes 3o aoTsou gsTignd oq pagonzgsuT xzaTo AgTO pup pagdopp aq ' „goaCozd pagTaosap anogs agq uo spiq 3o buTNpq pus szagweg3 Tzounoo TIPS A4TD au4 uT 'w'd 0£,S 'Te 800Z 'SZ lsnbnv se 'oqa 'gopzquoo 3o mz03 'suoT4soT3toads 'susrd uo buTapag 3o agep buTggas uoTgnTosag„ qsg; 4gzwg3S aA g/p00MuaaxE - E8SLZT panuTwoo ssauzsng MaN 9 abed 800Z ' V ;snbny xaaT3 A4T3 DINID 'aaax0E AOueN •paTaapO u0T40W •aTo3 :quasgy •xtg :soAy •w•d ZS:9 4p uznoCpp TTOunoa agy 1pgp 44Twg0S ana4S/4z'H - OGSLZT yNHVINUMfO'd •paTzzpD uoT4ow •aToj •xTs :saAy •paa0ozd 04 paztaot np aq AauzoqTp Ipg4 43Tw4pS snags/zadTaM - 68SLZT •paTaap0 uOT40 •aT00 :quasq' •xTS :saAy •w•d TS:9 Tp uotssas BAT.4nwaxa uanoCpp Tt0uno0 agq Tpgp 44Tm40s anagS/zadTaM - 88SLZT MOISS S anisn3axs ' (LOOZ) (0) (T) S'TZ uoT439S apop pM0I 04 qupnsand uozssaS antgn0axa 3o OTdo; panozddp up sT uOT4pbT4TT uT saa44pw uT Abagpzgs 3o uotssn3sTp gpg4 pa4p4s pupTpuaM stain Aauz0.4DV A4TD 4up4stssy •paTaap0 u0T40w •aT03 :quasgy •xTs :saAy •w•d OZ:9 qp uozssaS anT;nDaxa oq uznocpp TT0un00 agq. gpgq. 4gTwgDS snags/aadTaM - L8SLZT •patzzp0 uoT;ow •aT00 :quasgj •xts :soAy •aTz3 uo paDpjd pup panta0aa aq squawwo0 Tpao anogp alp .1p.cp 4.4twg0s ana4S/zadTaM •4T ssnostp 0.4 qou pap-pap OOTza4pM qnq '4Twzad butpTTnq p z03 aa3 agy anTpM 01 pap-pap azag saT4T0 buTpunoaans aagf0 uagM JgbT1 sT 4T Taa3 .4ou soap ags pagp4s sauor •sw •4unowp apTTop paTpwTgsa Bag butsn aq oq buTob sT .4Twaad Bag gDnw Mog aspq 04 AgTO ag.4 zo3 40aaa00 sT 4T Taa3 ;ou saop ags qnq 'prnwao3 amps alp asn oq auoAzana zo3 paau Bg4 spupgsaapun ags pagpgs sauor 'SW •eTnwao3 awes gOPXa alp buTsn sT ApogAaana Tpgp os suotgpinbaa YWa3 Bap tOtgM 'sI Tzagpw pagpuop pup aogpt zaa4unTon uo paspq sT aa3 agq 4.e.144 papuodsaa ggtuaps atbbag way oad zoApw •asnog B uT sbuTgp ;up;aodwt .4sow agp 3o auo sT gaTgm 'Tp0Tzg0aTa agy ao3 aa3 Tel; p sT azagq uagM gpgq. ggTM do aw00 ATTO agy saop MOLT sauor •sw •TpTaa)pw pup awT� paJpuop spg sT ags asnp0aq 00'0001EZ$ gso0 oq buTob qou sT qT pup '00'000 'EZ$ 1eti uo gtwzad ag.4 paspq Aagy '00'000 'EZ$ 04 awp0 4T pup 'azag� uT spM buTg4Azana azns appw 'quabTTTp AaaA sBM ags pa3B S sauor •sW •aw0q Bag 3o anTpn passassp alp 3o quaDaad OS asoT 4ou pTp ags gp11.4 Mots 04 wagp 04 xapq 4gbnoaq aq 04 anpg squawahTnbaz asagp 3o Tip 4pgq. sAps gpg4 NdWag woz3 wa03 p ;uawgapdaa butuoz pup buTuupTd alp woz3 paATaDaa Aagp Tpgp pagou sauor •sw •do x0pq asnog agy buTaq 04 4SOD uo paspq sT 4Twaad buTpTTnq agy •a0puzn3 alp ao3 SZ$ pup POIIB suT aa2pag za,pM p a03 00 'ST$ 30 aa3 4pT3 p '4Twaad 0Ta,0aja p a03 00'SE$ sBM aa3 qpig alp pup 'aa3 4pT3 p ppg g0nw Aggazd ABg4 pup '4Twaad 1Tag4 z03 sBM aa3 agy gpgm puT3 04 szaxzoM Bag Tip paTTP0 ags pa4p;s 'ppog xTnoa L90S 'sauor uaap?I •buT0uaTaadxa alp suazTgT0 gpuq. uapznq auk asps dTau oq butulawos 'abplua3aad p agApw 'saa3 4Twaad alp uo a4pgaz p anpg pTnoO TT0uno0 agq, sdpgzad uagp aJps sT aOpTd Bans axpw pup appw Bap su0T.40adsuT agy azns axpw 04 qn0 uaxpq uaaq spg 4Twzad a0110 Tpgp AaTznH a0ABW 04 u0T4sabbns B appw spg aq pa4P4s 411btaM4nD •1W •sunz g0azz00 agq anpg Aagq. op '409a200 Aagg Bap sT s4stxa gpgf maTgoad ago lnq 'sbuTup Bsaup buTaBIdaa gzp4s pTno3 zaum0am014 v. *qv paxooT aq 04 anpg sbutgq. asoo4 3o Tip pup 'ono pabupg0 aq 0q anpg ATaNTT upg1 Blow szaxpazq agy panuT4u00 suoT4p4uasaad Tpzp 8 abpd 800Z 'Ii gsnbny (.‘)) O PROCLAMATION OF THANKS WIERreikS, volunteers make our Nation stronger and better by reaching out to help neighbors in need and the great strength of our Nation is still found in the hearts and souls of people all across America who are willing to volunteer their time and talents to those in need; and WHEREAS, on May 25, a destructive tornado tracked across northern Black Hawk County; and WHEREAS, in June 2008, Black Hawk County, including the cities of Waterloo, Cedar Falls, Evansdale,La Porte City and surrounding Cedar Valley communities, experienced horrendous flooding and devastation from the 2008 Flood; and WHEREAS, individuals, service organizations and faith-based groups in Black Hawk County (Hawkeye Chapter of the American Red Cross, the Northeast Iowa Food Bank, the Salvation Army, local churches and others) are assisting in recovery efforts; and WHEREAS, Samaritan's Purse International Relief has cleaned 115 homes in the cities and rural areas of Black Hawk County, involving 627 volunteers from across the Nation and quite a few home town helpers as well, contributing 10,892 volunteer hours,with at least another week of work yet remaining; and WHEREAS, Southern Baptist Disaster Relief has cleaned 128 houses and,with their chain saw unit, assisted 27 homes with debris cleanup, and with the food unit, prepared 155,219 meals that were delivered in Black Hawk County,with the assistance of 4 Southern Baptist Disaster Relief staff members and volunteers, contributing a total of 38,596 volunteer hours; and WHEREAS, World Hope International has cleaned 112 homes,with assistance from their Disaster Response Coordinator,3 site managers, and 231 volunteers,who collectively contributed 4646 volunteer hours; with volunteers coming for 11 different states for a total of 29,457 driving miles to assist in disaster recovery efforts. World Hope International partnered with Cedar Valley Community Church and the Northeast Iowa Food Bank to distribute nearly 7,000 lbs of disaster food to the community, along with flood buckets and cleaning supplies; and WHEREAS, through this proclamation,we, the citizens of Black Hawk County want to publicly thank all those who have assisted with and continue to assist with clean up and recovery efforts and who cared deeply enough to come to our cities and to share their time, talents, emotional and spiritual support, by providing relief and help during this difficult time. We always will foster the efforts of those who cared deeply enough to leave their homes and come to our cities to help our communities recover in preparation for rebuilding. IN WITNESS 1EREOF, we, the undersigned officials, hereby subscribe our name on this 1,1.`-,day of August 2008. , r John Miller, Chairperson Tim Hurley,Mayor Black Hawk County Supervisors City of Waterloo,Iowa 7 Jo Crews,Mayor Chad Deustch,Mayor of Cedar Falls, Iowa City of Evansdale, Iowa ry s .:IL Rick Lubben, Mayor City of La Porte City, Iowa O /O . o PROCLAMATION OF THANKS WHEREAS, volunteers make our Nation stronger and better by reaching out to help neighbors in need and the great strength of our Nation is still found in the hearts and souls of people all across America who are willing to volunteer their time and talents to those in need; and WHEREAS, on May 25, a destructive tornado tracked across northern Black Hawk County; and WHEREAS, in June 2008, Black Hawk County, including the cities of Waterloo, Cedar Falls,Evansdale,La Porte City and surrounding Cedar Valley communities, experienced horrendous flooding and devastation from the 2008 Flood; and WHEREAS, individuals, service organizations and faith-based groups in Black Hawk County (Hawkeye Chapter of the American Red Cross, the Northeast Iowa Food Bank,the Salvation Army, local churches and others) are assisting in recovery efforts; and WHEREAS, Samaritan's Purse International Relief has cleaned 115 homes in the cities and rural areas of Black Hawk County, involving 627 volunteers from across the Nation and quite a few home town helpers as well, contributing 10,892 volunteer hours,with at least another week of work yet remaining; and WHEREAS, Southern Baptist Disaster Relief has cleaned 128 houses and,with their chain saw unit, assisted 27 homes with debris cleanup, and with the food unit, prepared 155,219 meals that were delivered in Black Hawk County,with the assistance of 4 Southern Baptist Disaster Relief staff members and volunteers, contributing a total of 38,596 volunteer hours; and WHEREAS, World Hope International has cleaned 112 homes,with assistance from their Disaster Response Coordinator,3 site managers, and 231 volunteers,who collectively contributed 4646 volunteer hours; with volunteers coming for 11 different states for a total of 29,457 driving miles to assist in disaster recovery efforts. World Hope International partnered with Cedar Valley Community Church and the Northeast Iowa Food Bank to distribute nearly 7,000 lbs of disaster food to the community, along with flood buckets and cleaning supplies; and WHEREAS, through this proclamation,we,the citizens of Black Hawk County want to publicly thank all those who have assisted with and continue to assist with clean up and recovery efforts and who cared deeply enough to come to our cities and to share their time, talents, emotional and spiritual support, by providing relief and help during this difficult time. We always will foster the efforts of those who cared deeply enough to leave their homes and come to our cities to help our communities recover in preparation for rebuilding. IN WITNESS 'WHEREOF, we, the undersigned officials, hereby subscribe our name on this 11th 4ay of August 2008. 1 John Miller, Chairperson Tim Hurley,Mayor 1 Black Hawk County Supervisors City of Waterloo,Iowa 4 6, .. ....__..e. ___.4....t...____. -7 , - s Jon rews,Mayor had Deustch,Mayor Ci of Cedar Falls, Iowa _ / City of Evansdale,Iowa Rick Lubben, Mayor City of La Porte City, Iowa O O rg). CO) PROCLAMATION OF THANKS %THERE/1s, volunteers make our Nation stronger and better by reaching out to help neighbors in need and the great strength of our Nation is still found in the hearts and souls of people all across America who are willing to volunteer their time and talents to those in need; and WHEREAS, on May 25, a destructive tornado tracked across northern Black Hawk County; and WHEREAS, in June 2008,Black Hawk County, including the cities of Waterloo, Cedar Falls, Evansdale,La Porte City and surrounding Cedar Valley communities, experienced horrendous flooding and devastation from the 2008 Flood; and WHEREAS, individuals, service organizations and faith-based groups in Black Hawk County (Hawkeye Chapter of the American Red Cross, the Northeast Iowa Food Bank, the Salvation Army, local churches and others) are assisting in recovery efforts; and WHEREAS, Samaritan's Purse International Relief has cleaned 115 homes in the cities and rural areas of Black Hawk County, involving 627 volunteers from across the Nation and quite a few home town helpers as well, contributing 10,892 volunteer hours,with at least another week of work yet remaining; and WHEREAS, Southern Baptist Disaster Relief has cleaned 128 houses and,with their chain saw unit, assisted 27 homes with debris cleanup, and with the food unit, prepared 155,219 meals that were delivered in Black Hawk County,with the assistance of 4 Southern Baptist Disaster Relief staff members and volunteers, contributing a total of 38,596 volunteer hours; and WHEREAS, World Hope International has cleaned 112 homes,with assistance from their Disaster Response Coordinator,3 site managers, and 231 volunteers,who collectively contributed 4646 volunteer hours; with volunteers coming for 11 different states for a total of 29,457 driving miles to assist in disaster recovery efforts. World Hope International partnered with Cedar Valley Community Church and the Northeast Iowa Food Bank to distribute nearly 7,000 lbs of disaster food to the community, along with flood buckets and cleaning supplies; and WHEREAS, through this proclamation,we, the citizens of Black Hawk County want to publicly thank all those who have assisted with and continue to assist with clean up and recovery efforts and who cared deeply enough to come to our cities and to share their time, talents, emotional and spiritual support, by providing relief and help during this difficult time. We always will foster the efforts of those who cared deeply enough to leave their homes and come to our cities to help our communities recover in preparation for rebuilding. IN WITNESS WHEREOF, we, the undersigned officials, hereby subscribe our name on this 11th day of August 2008. John Miller, Chairperson Tim Hurley,Mayor . Black Hawk County Supervisors City of Waterloo,Iowa Jon Crews,Mayor Chad Deustch,Mayor City of Cedar Falls, Iowa City of Evansdale, Iowa Rick Lubben, Mayor City of La Porte City, Iowa O O CITY OF WATERLOO, IOWA COUNCIL RECORD that the Minutes, as proposed, for the Special Session on Thursday, June 26, 2008, at 1:00 p.m. , and Regular Sessio on Mon t 4, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Motion carrie . !Iet_,A, .dry-� Mayor Pro Tern Reggie Schmitt read a Proclamation thanking all who assisted with clean up and recovery efforts during the 2008 Flood. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT f m n b o XI m p''_ ro' cn x ro n Y Pi n m 0 w b n h, (D , '0tri Htx1 O B ( ?d 0 (D 1-" 0 rt (D rt ,� u. O H V 0 it H a () rt 0 0 n N• ,► (D ttl pd q H 0 o a a N 0 (PD O f. y z n 1-3 0 a P a c� DP 0 H. rt 1-11 ; H O � ' r: z W 0 ; „ ` tVr o O z H 0 /1! z O 'r ,1 I ► —T tv klit 4+ p.ti rt •a 0 ... • a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. t— RESOLUTION NO. 2008-661 RESOLUTION APPROVING REQUEST OF GROUT MUSEUM DISTRICT TO HOLD BREWFEST EVENT ON SEPTEMBER 27, 2008 . WHEREAS, Grout Museum District has requested that they be allowed to hold Brewfest event on September 27, 2008 from 5 : 00 - 9 : 00 p.m. , with the event to be held at Soldier' s & Sailor' s Park and Cedar Street between East 4th and East 5th Streets, including food vendors and live music. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Grout Museum District to hold Brewfest event on September 27, 2008 from 5 : 00 - 9: 00 p.m. , with the event to be held at Soldier' s & Sailor' s Park and Cedar Street between East 4th and East 5th Streets, including food vendors and live music, be and the same is hereby approved. PASSED AND ADOPTED this 11th day of August, 2008 . OC2ILIC11/ Reggie Schmitt, Mayor Pro Tem ATTEST: i Nancy Eclat, CMC City Cler A This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-662 RESOLUTION GRANTING PERMISSION TO DAVID AND TERRY ROEDER FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1200 BALTIMORE STREET, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY AND PLACING A DRIVEWAY OR SIDEWALK ON CITY RIGHT-OF-WAY ON AN UNIMPROVED STREET. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: WHEREAS, the City Engineer has made written application to the City Council asking that David and Terry Roeder be authorized and permitted to construct a concrete driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 1200 Baltimore Street, and legally described as follows : Auditor Francis Reitzel Plat part of Lot 22 beginning at the Southwest corner of the intersection of Baltimore Street and Byron Avenue; thence West 140 feet; thence South 54 feet; thence East 140 feet; thence North 54 feet to point of beginning, all in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted. NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to David and Terry Roeder to construct a concrete driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 1200 Baltimore Street, subject to the following conditions : 1 . Work to be performed by an approved and bonded contractor. 2 . A permit is to be obtained from the office of the City Engineer prior to construction. 3 . All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording and the Black Hawk County Auditor for filing in order that this said action may become a matter of official County Record. A Resolution No. 2008-662 Page 2 PASSED AND ADOPTED this 11th day of Aug}'st, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: r6L-'41— Nancy Ec} rt, CMC City Cler CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2008-662, as passed and adopted by the Council of the City of Waterloo, Iowa, on the llth day of August, 2008 . Witness my hand and seal of office this l3th day of August, 2008 . v � SEAL _ Nancy Ec rt, CMC City Cle • This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-663 RESOLUTION GRANTING REQUEST OF SPICOLI' S, 3555 UNIVERSITY AVENUE, FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094 . WHEREAS, Spicoli' s, 3555 University Avenue, is requesting a variance to the Noise Ordinance on August 16, 2008 from 4 : 00 p.m. to 11 : 00 p.m. in conjunction with a band playing in their outdoor service area, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Spicoli' s, 3555 University Avenue, has made formal application for a variance effective August 16, 2008 from 4 : 00 p.m. to 11 : 00 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Spicoli' s, 3555 University Avenue, for a variance to Ordinance No. 3094, Noise Ordinance, on August 16, 2008 from 4 : 00 p.m. to 11 : 00 p.m. in conjunction with a band playing in their outdoor service area, be and the same hereby granted. PASSED AND ADOPTED this 11th day o Aug st, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ec , CMC City Clerk (' �_- IIL CITY OF WATERLOO, IOWA !Iiii:111: „_ WATERLOO POLICE DEPARTMENT 715 MulberryStreet • Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 �� 44 er�00 �� THOMAS J.JENNINGS • Chief of Police August 5, 2008 Mayor Timothy J. Hurley Mayor City Council Members TIMOTHY J. HURLEY Dear Mayor Hurley and Council Members: I have been contacted by Cindy Wells, Grout Museum District, concerning this years' BREWFEST COUNCIL that will be held on September 27, 2008. The event will include beer sampling of more than 50 MEMBERS different brews from the Midwest, food vendors and live music. Event hours will be from 5:00 — 9:00 p.m. REGINALD A. Two locations will be needed for the event: SCHMITT 1) Soldier's & Sailor's Park Ward 1 2) Cedar Street between 4th to 5th Streets CAROLYN A Beer Garden with 8— 10 different tents will be located in Soldier's & Sailor's Park. Two food COLE vendors will be located near Cedar&4th Street within the park. Live music is being planned to ward 2 stage in the park near W. 5th Street behind the Hall on the concrete. HAROLD Ms. Wells requests: GETTY • Electricity for lighting in the Beer Garden, for the food vendors &for the live music (needed Ward from Vet's Hall) QUENTIN M. • 10 picnic tables to be dropped off at Soldier's & Sailor's Park on Friday, September 26th by HART 5:00 p.m. Ward 4 • Use of barricades, dropped at the designated locations on Friday, September 26th by 5:00 P.m. RON • Cedar Street between 4th Street to 5th Street closed down from 8:00 a.m. until midnight on WELPER September 27th. Ward 5 • Police presence within the area during the event. BOB Attached is the memo from Ms. Wells outlining the special needs from the various City GREENWOOD Departments. This information has been given to Leisure Services, Fire-Rescue, Street and Traffic At-Large Departments for their coordination. I request that the City Council pass a resolution authorizing this STEVE event. SCHMITT At Lame Sincerely, I ` :>/c-uldtv) Q. 0/(2_.k.v. Thomas J. Jennings Chief of Police CT TJJ:dkk Attachment Cc: Paul Huting, Leisure Services Steve Decker, Street Department •Chief Doug Carter, Fire-Rescue Captain Tim Pillack, Patrol Division Sandie Greco, Traffic Operations Nancy Eckert, City Clerk Cindy Wells, Grout Museum District ovoo pc) 444 m CITY WEBSITE: www.ci.waterloo.ia.uS VIGILANCE WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer . . . 1 . . .....,,,,,,...„.......,........ ............j 4,... ........11....re."...,-...,.....,.....w....—,..... ..--„,—. 4—,—......„.,„...m--.—,,••••—•--,—....,,,___. ...._."-..—.--......-- ,m.—, :.,_,....„..._ .. ....., 9-- • . • • 1 i F i eb / LS. , '4,15c/K 4 . JI . . el% ..... . 1 tiO / .‘ ! • .i ' ' / • (7) nt 4.....„ . 0 ' . .. . . r-. 0 r: • A.e .. rt. / .. / . .....P„. ,: i D. • . . . / :;4 . . 14..--.... i f , ' ! . ; f i •, :: t .. c 1 7,1 /A,1 • .' I /.1 / : 1 . '"'•;.-4...., , i •— ;• , .h. 7 4:.. • ,..,-,.--.1 ., , ,. . : 1 ' IT F . f ;' ' ':1 v 0 (:) . . I 'S> . 1. n _ ., . .L..„.. no r, f, ,) „, ,.... 4' FE. ' 7...t (? i •'k.• • 1 ,i, ,.c. '7171 I ) Ur 1 „..,„ . • .- -) 7.•••- )..:!,•4!:, • CU . • . ,.,...„.. '';'° ' • , .. .,.. . ....,_ , , . , To: City of Waterloo Attention: Mayor Tim Hurley & City Council From: Cindy Wells for the Grout Museum District Date: July 31 , 2008 Re: GMD Brewfest - September 27, 2008 The Grout Museum District is hosting a one-day fundraising event, Brewfest. The event will include beer sampling of more than 50 different brews from the Midwest, food vendors, and live music by ACE. The event hours will be from 5-9PM on Saturday, September 27, 2008. This fifth annual, signature fundraising event will help raise funds toward the museum district's annual drive. These funds support the day to day operational expenses of the museum district and allow the staff to continue to provide quality educational and public programming. The mission of the Grout Museum District is provide a better understanding of our world by collecting, preserving and interpreting history, and illustrating scientific principles. The Grout Museum collects, preserves, and interprets cultural and natural history of the region; the Rensselaer Russell House Museum and the Snowden House preserve and interpret elements of the Victorian age; and the Bluedorn Science Imaginarium provides exhibitions and programming that inspire study of the sciences. Two locations will be needed for the event: 1 . Soldier's & Sailor's Park (we have received permission from the Veteran's Commission on the park usage) 2. Cedar St between 4th & 5th Streets. Beer Garden A Beer Garden with 8-10 different tents will be located in Soldier's & Sailor's Park. The Grout Museum District will be sponsoring the beer tents. Electricity for lighting will be needed. The proper permits and insurance are being applied for. Vendors There will be 2 food vendors near Cedar & 4th Street within the park. Electricity will be needed for these vendors from the electrical box on 4th St. Entertainment Live music by ACE is currently being planned for in the park near W. 5th St. behind the Hall on the concrete. Electricity will be needed from Vet's Hall. We will need to access the electrical panel in the building. We will need cooperation from the following city departments: Parks Department Use of Soldier's & Sailor's Park. Setup & clean up will be on September 27, 2008. We would like to request that 10 picnic tables be dropped off at Soldier's & Sailor's Park on Friday (9-26) by 5PM. (see attached staging map) Street Department Use of barricades. We would like these dropped at the designated locations as indicated on the staging map on Friday (9-26) by 5PM. These may be picked up on Monday, Sept. 29. The street that we will need to shut down from 8AM until midnight on the 27th will be: • Cedar Street between 4th St. to 5th St. Electrical Department We request the use of electrical boxes at each location. We will need them in operation by 10AM on Sept. 27. Specific electrical needs from the bands, beer vendors, and food vendors will be forthcoming. Police Dept We would appreciate an officer within the event area during the event. In the event that we have not furnished the proper information on this request, or if you have concerns about one or more of our requests, please feel free to contact Cindy Wells, local arrangements chair, at: (w) 236-8546 or (c) 404-7308 We appreciate all of your cooperation and help with this event. The Mayor, City Officials and Department Heads within the City of Waterloo have always been wonderful to our organizations and we appreciate all of your help in making the Brewfest a success. We look forward to hearing from you. ��� 'a�,m CITY OF WATERLOO , IOWA (77) WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org August 5, 2008 Mayor 9002 TIMOTHY J. 9617.1 HURLEY A081108 COUNCIL Honorable Mayor Hurley and Waterloo City Council MEMBERS Waterloo City Hall Waterloo, IA 50703 REGINALD A.SCHMITT RE: REQUEST BY DAVID M. AND TERRY L. ROEDER FOR A CONCRETE Ward i DRIVEWAY TO BE LOCATED AT 1200 BALTIMORE STREET CAROLYN Honorable Mayor and City Council Members: COLE Ward 2 Attached is a request from DAVID M. AND TERRY L. ROEDER for construction HAROLD of a concrete driveway and placing a driveway or sidewalk on City right of way on Ward3 an unimproved street to be located at 1200 BALTIMORE STREET. Ward 3 QUENTINM. I have reviewed this request and recommend its approval subject to the following HART provisions: Ward 4 RON 1 . Work to be performed by an approved and bonded contractor. WELPER 2. A permit is to be obtained from the office of the City Engineer prior Ward 5 to construction. BOB 3. All work shall be performed under the supervision of the City GREENWOOD Engineer and at no cost to the City of Waterloo. At-Large STEVE Also attached is $7.00 cash for the purpose of recording this waiver and a copy SCHMITT of the legal description. At-Large Sincerely, Eric Thorson, P.E. City Engineer Attachment LEGAL DESCRIPTION: AUDITOR FRANCIS REITZEL PLAT PART LOT 22 BEG AT SW COR INTERSECTION OF BALTIMORE ST & BYRON AVE TH W 140 FT S 54 FT E 140 FT N 54 FT TO BEG CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer WAIVER Date: g Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a e e,r driveway or sidewalk located at (concrete or asphalt) /boa A4-GTjflc€e a 14 (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, VA/4 ikt, /20.eale4- .erit+Y LkRe ekkt- Printed Name of Property Owner Signature of Property Owner s-( WATERLOO , IOWA City Clerk/Finance Office tK AND FINANCE DEPARTMEN• T pity of Waterloo 'aterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 715 Mulberrydt783 lerk MICHELLE WEIDNER,CPA • Chief Financial Officer Waterloo, IA g�1283 815t Receipt Nutabere 15:B :' Received By Matµ Received gyros: DAVID 11. 8 TERRY L. Rf1E DE TIM( 7.'''` ers 744eic HUR Cl 4 Rik 11ECBRDIt 6p�Et-1 T '[AVID ILTERRY�L. ROE DER :y Cle las BIY.TIMORE ST. -------------- GOUT . 7.`� Receipt Total • 7,00 MEM1 psount Tendered change • • • • ' nce to Noise Ordinance 7.Fr REGIN, paysent Received: Cash : SCHMI' a copy of an application from Ward I -ty Avenue, requesting a variance CAROLS -_ .J.Lainance on August 16 , 2008 from 5 : 00 p.m. COLE _ co midnight in conjunction with a band playing in their Ward outdoor service area. HAROLD This application has been reviewed by Police Chief Tom GETTY Jennings, and he recommends approval . Ward This item will appear on the Council agenda of Monday, QUENTINM. August 11, 2008, at which time we would recommend your HART approval . If you have questions prior to Monday' s wards meeting, please feel free to contact my office . RON WEEPER Ward 5 BOB GREENWOOD At-Large STEVE SCHMITT At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Oar. CITY OF WATERLOO , I0WA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Mayor TO: Police Chief Tom Jennings TIMOTHY J. HURLEY FROM: Nancy Eckert, City Cle DATE: August 5, 2008 COUNCIL MEMBERS RE: Request for Variance to Noise Ordinance REGINALD A. Attached please find a copy of an application from SCHMITT Spicoli' s, 3555 University Avenue, requesting a variance ctiardl to the Noise Ordinance on August 16 , 2008 from 5 : 00 p.m. CAROLYN to midnight in conjunction with a band playing in their COLE outdoor service area. I17ard 2 Please review said request, and if it meets with your HAROLD approval, please come to my office to sign the original GETTY application. I plan to place this request on the Council Ward3 agenda of Monday, August 11, 2008 for formal approval . QUENTINM. Thank you for reviewing this application. If you have HART any questions, please give me a call . Ward 4 RON WELDER Ward 5 BOB GREENWOOD At-Lnrmye SIEVE SCHMITT At-Lay e CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer FINANCE DEPT. STAFF ONIKY LINE ITEM /��j USED 01v2g �'JCJ /3 Y�' FY 44 BUDGETED 57Y7) ej EXPENDED YTD Q, 0 TRAVEL REQUEST THIS REQUEST Z),I3U CITY OF WATERLOO LEFT AFTER THIS ,2 cro REQUEST 22 c� DATE J� '��3/7d NAMES . L. NAME(S): c r./ o 0 DATE: Spilt .y Sc.o 14 rc'z 3�( ��S k € (. ((l TITLE: DESTINATION: DEPARTURE DATE RETURN DATE ' DATE(S)OF MEETING PURF11�,�(lam.' {J /��}Xl 9//J ,/ /�,fl� '�✓4'l � y. LI r 4-Vl'r, �� +! e"- 2c e Tom-#4,1 Y' '-'t,^11 2c ,' OSE OF TRAVEL: k,v ���� 1 J ' CZ J t fJ c t *��r"vvt. ; ( t, 4,Y' i e tc )14. sdot r i-e f,'J L I re5 c^/I r b, I �s ex/'7C= �! .� 1 et �-i f el d'1 e2-4,/4/6? i4ve bur{� WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: V COST$ Yes No METHOD OF TRAVEL: V CITY VEHICLE PRIVATE VEHICLE AIR(COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: ESTIMATE OF COST: U/U 69 770 — 13 (PER PERSON) DEPARTMENT LINE ITEM : 1 �(j "— LODGING TAXI ....__ —EIMBURSABLE — MEALS PARKING YES NO i1 if lee) REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE YES NO TOTAL: 5'00 I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO THE CITY OF WAT LOO AR1rMENT HEAD //A / MAYOR / 0 7! L� DATE DATE ‘(1241/ � • zs, WATERLOO July 30, 2008 CRUISE A NEW ALTITUDE TO: Mayor Hurley City Council Michelle Weidner, CFO Nancy Eckert FROM: Bradley Hagen* RE: Travel Request Airfield Rescue & Fire Fighting(ARFF) Live Fire Training Please accept this letter as a travel request for our maintenance staff to attend live fire training at Cedar Rapids on September 24-25, 2008 to comply with FAA requirements for Airfield Rescue & Fire Fighting (ARFF). The training is for 4 hours on either September 24 or 25, 2008. Two of our four maintenance personnel will attend the training on Wednesday September 24, 2008 and two will attend on Thursday September 25, 2008. The training is comprised of live fire training simulators that are brought in from out of state and most commercial service airports in Iowa attend this training at Cedar Rapids. Our staff is required to complete one live fire training event annually. We want to attend this training versus other out of state training, as it is closer and much less expensive. It costs up to $700 per person locally at Cedar Rapids and $1,500 per person at Duluth. The maintenance staff will use a city vehicle for transportation to and from Cedar Rapids. The cost of this travel is estimated to be less that $2,800 and is funded through our Airport Operations fund. If you have any concerns,please feel free to call. 2790 Livingston Ln • Waterloo IA 50703 • P: 319-291-4483 • F: 319-291-4250 • www.FlyALO.com FINANCE DEPT. STAFF ONLY LINE/ITEM USED 6/0 62, 'Ioo I,3 tP, FY BUDGETED /NCNo . ( Ei, ENDED YTD — a. G O TRAVEL REQUEST THIS REQUEST K b,CV CITY OF WATERLOO -EFT AFTER THIS 556, 00 REQUEST DATE { NAO;I.=(S): ._.__ .....+. DATE: Reggie Schmitt July 31 , 2008 DESTINATION: Council Member Council Bluffs , Iowa DEPARTURE DATE RETURN DATE DATES} OF MEETING September 10, 2008 September 12 , 2008 9/10/08 - 9/ 12/08 PURPOSE OF TRAVEL: Attend Iowa League of Cities 110th Annual Conference WILL TRAVEL tEQUIRE ADDITIONAL PERSONNEL: COST$ 1 METHOD OF TRAVEL: .�.,. CITY VEHICLE PRIVATE VEHICLE _..._. AIR(COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: ESTIMATE OF COST: ..�...�,........_ (PER PERSON) DEPARTMENT LINE ITEM : 010-0 2-s n A-„.1 3 L 6 275 . 00 LODGING TAXI _ ..___,_. REIMBURSABLE MEALS PARKING YES NO 175 . 00 REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE YES NO TOTAL: $ 4 5 0 .. 0 0 ! BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO THE CITYf OF WATERLOO DEPARTMENT AD MAYOR 7 - 1 i- o r -_�__-.-• •- _._.._.... �s° o oAT E DATE [y� �-- FINANCE DEPT. STAFF ONLY LINE ITEM USED 4/6/•z /4/2 / FY .L,. BUDGETED Aid.-J M-C. 64 c.44 a5 EXPENDED YTD TRAVEL REQUEST THIS REQUEST cr3 c64 CITY OF WATERLOO LEFT AFTER THIS ,4 d REQUEST DATE 7:22-,c,' WIG) NAME(s): ._.._._.....� DATE: _.... Dave Boesen July 23, 2008 TITLE; DESTINATION: Battalion Chief Arson K-9 Handler Ringgold, GA DEPARTURE DATE RETURN DATE DATE(S) OF MEETING Oct. 20 Oct. 24 Oct 21-23, 2008 PURPOSE OF TRAVEL: Arson K-9 Recertification TWILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: __ COST$ Yes No METHOD OF TRAVEL: XX .__. CITY VEHICLE ^--- PRIVATE VEHICLE .._. AIR(COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: .. .........�. ESTIMATE OF COST: (PER PERSON) DEPARTMENT LINE ITEM : 0/0 a h/2 WdLi lC y 212.00 LODGING TAXI _, ,,,_ REIMBURSABLE 250.00 MEALS ....,....,.. PARKING YES NO 85.00 REGISTRATION - AIRFARE ° _ „___,..... REQUIRED CERTIFICATION 325.00 MILEAGE YES NO TOTAL: $_e932.00 (Fuel Cost- 1600 miles/25MPG @ 75.00 per gallon. I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO THE CITY OF WATERLOO 1 CSEPARTMENT H MAYOR_V LATE DATE e Chu 5e_ G y_vY #17 FINANCE OEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY_09 BUDGETED _ 5W`U•GrU EXPENDED YTD /v`(6,v7 3'V` TRAVEL REQUEST THIS REQUEST /1 .6) CITY OF WATERLOG) LEFT AFTER THIS 3 7 REQUEST DATE r1�0.01 1774,J NAME(S): DATE: Chief Thomas J. Jennings-Waterloo Police Dept. July 28, 2008 TITLE: DESTINATION: 23rd Annual LECC Executive Training_, Des Moines IA DEPARTURE DATE RETURN DATE DATE(S) OF MEETING September 23, 2008 September 24, 2008 Swember 23-24, 2008 PURPOSE OF TRAVEL: The U.S. Department of Justice is sponsoring the 23rd Annual LECC Training Conference in Des Moines Iowa September 23-24, 2008. The Conference is geared towards Law Enforcement Management and includes topics on Terrorism, Dealing with Difficult Employees, Labor Law up dates, A Case study on the Virginia Tech Shootings and a Leadership Development Course. The Department will be responsible for registration and lodging only. This will not cause overtime or recall. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: __ X COST$ Yes No METHOD OF TRAVEL: X _......A..,.CITY VEHICLE: --- PRIVATE VEHICLE AIR(COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: Waterloo, IA ESTIMATE OF COST: (PER PERSON) DEPARTMENT LINE ITEM : 010-11-1100-1346 -, $95.00 LODGING TAXI __,__ .._.__._ REIMBURSABLE $0.00 MEALS PARKING YES NO $75.00 REGISTRATION .._..___ AIRFARE REQUIRED CERTIFICATION $0.00 MILEAGE YES NO TOTAL: $ 170.00 � I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO THESITY OF WATERLOO ThomarJeZntin h 1'0l e Timothy J. �Hurle r)EPARTMENT HEAD MAYOR - kilar DATE `"j crj y�J� #8 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY 99 BUt*ETED Gttu 50e"3 '06,6),ad EXPENDED YTD ,3) /c.5 TRAVEL REQUEST THIS REQUEST o,ti i35. Jv CITY OF WATERLOO LEFT AFTER THIS alY915,'/ -3 r'/3 676 REQUEST DATE ,v-ag 2 y .i NAME(S): DATE: P.O. Saunders - Waterloo Police Department July 28, 2008 TITLE; DESTINATION: Conference Speaker Des Moines, IA DEPARTURE DATE RETURN DATE DATE(S) OF MEETING September 13, 2008 September 19, 2008 September 13-19, 2008 PURPOSE OF TRAVEL: '_ Police Officer Saunders is requested to speak at the Basics of Outlaw motorcycle Gangs conference in Des Moines. Inexchange for being a speaker the International Outlaw Motorcycle Gang Investigators are willing to pay for the tuition fee of $250.00, 3 days of hotel fees and meals, and travel expenses. LEIN will pay for the remaining 3 days of hotel fees and parking. We will cover the cost of the last 3 days of meals. This conference is designed to provide new and updated training, investigative trends and information sharing. This conference will not cause recall or overtime. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ Yes No METHOD OF TRAVEL: X .�. CITY VEHICLEVEHICLF PRIVATE VEHICLE .._ AIR(COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: Waterloo, IA ESTIMATE OF COST: (PER PERSON) DEPARTMENT LINE ITEM : 010-11-1100-1346 $500.00 LODGING TAXI _ .._._ REIMBURSABLE $135.00 MEALS _,.., PARKING YES NO $0.00 REGISTRATION .._., ., AIRFARE ...,,..__ REQUIRED CERTIFICATION $0.00 MILEAGE YES NO TOTAL: $ 635.00 I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO THE F WATERLOO f -1� Thus J. enni s/Chie of Poli,,,co Timothy J._Hurle .»_. DEPARTMENT HEAD MAYOR k-t ATE _._...� DATE FINANCE DEPT. STAFF ONLY Line Item Used b0 2 /thS i3 y FY 0'01/ Budgeted (P6-00, (X) Travel Request Expended YTD V0 i07) CITY OF WATERLOO This Request Left After This Request Date ,3 '7 --z).' NAME(S): S. Maureen Newbill DATE: July 29, 2008 TITLE: Visitor Services Manager DESTINATION: Milwaukee, WI DEPARTURE DATE: 08-9-08 RETURN DATE: 08-10-08 DATE (S) OF MEETING: 08-10-08 PURPOSE OF TRAVEL: To travel to Milwaukee, WI and attend the Morning Glory Fine Craft Fair looking for new artists for the Gift Store and the Holiday Arts Festival in November. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIR (COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: ESTIMATE OF COST: (PER PERSON) DEPARTMENT LINE ITEM: 01026 4265 1346 26-STG-OSG 100.00 LODGING TAXI REIMBURSABLE 50.00 MEALS 25.00 PARKING YES NO REGISTRATION AIRFARE 100.00 MILEAGE (gas only) YES NO TOTAL: $ 275.00 I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND,BEJNIEF,: IAL TO THE CITY OF WATERLOO DEPARTME�f � MAYOR J(/ �� DATE DATE t_f.-v� • CITY OF WATERLOO , IOWA dpiagicr f� '� TRAFFIC OPERATIONS & PARKING MAINTENANCE DEPT. G�w �.�� 408 E. Sixth St. • Waterloo, lA 50703 • (319) 291-4440 Fax (319) 291-4094 ��QtI p p �p SANDIE GRECO • Superintendent, Traffic Operations &Parking Maintenance Mayor TIMOTHY J. August 6, 2008 HURLEY COUNCIL MEMBERS Honorable Mayor Tim Hurley City Council Members REGINALD A. 715 Mulberry St. SCHMITT Waterloo, Iowa 50703 Ward 1 CAROLYN RE: Sign & Traffic Equipment Operator Appointment COLE Ward 2 Dear Mayor Hurley and Council Members, HAROLD GETTY The Human Resources Committee granted approval on May 5, 2008 to Ward 3 appoint a full-time Sign & Traffic Equipment Operator from the current Civil Service list. QUENTIN M. HART Ward 4 I am asking you to approve the appointment of Scott Kroeze to the position of Sign & Traffic Equipment Operator in the Traffic Operations Department. RON With your approval, this appointment will be effective Monday, August 18, WELPER 2008 Ward 5 BOB This item will be on the Council Agenda Monday, August 11, 2008. GREENWOOD At-Large Sincerely, STEVE SCHMITT At-Large A/l' / Sandie Greco Traffic Operations Superintendent cc: Robert Stringer, Human Resources CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL August 11, 2008 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/09) AMOUNT: $5000 15170061 Skyview, LC Waterloo, IA tIc .1��, CITY OF WATERLOO , IOWA �.... CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 (Ner)00 ‘0 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney Mayor TIMOTHY J. HURLEY August 11, 2008 COUNCIL MEMBERS REGINALD A. Mayor Tim Hurley and SCHMITT Ward 1 City Council City Hall CAROLYN Waterloo, IA 50703 COLE Ward 2 Dear Mayor Hurley and Council Members: HAROLD GETTY I have examined the bonds filed with the City Clerk/Auditor's Office up to the Ward 3close of business on August 7, 2008. QUENTIN NI. HART Of the bonds submitted, were approved and 0 Ward 4 rejected, as shown on the attached list. RON WELPER Ve ly yours, Ward 5 BOB GREENWOOD At-Large David R. oefer Assistant ity Attorney STEVE SCHMITT At-Large DRZ:lc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1513 CITY OF WATERLOO, IOWA COUNCIL RECORD CONSENT AGENDA 1. that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedue AP642, pp. /-g g , dated August 11, 2008, in the amount of $ii d ! 4/75, ec... , 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 Pro Tem assigned No. 2008- • 2 . Communication from Police Chief transmitting request of Grout Museum to hold Brewfest on September 27, 2008 at Soldiers & Sailors Park and Cedar Street between West 4th to West 5th Streets. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 3 . Communication from City Engineer transmitting request of David & Terry Roeder for a waiver for a concrete driveway to be located at 1200 Baltimore Street, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 4 . Communication from City Clerk transmitting request of Spicoli' s, 3555 University Avenue, for a variance to the Noise Ordinance on August 16, 2008 from 4 :00 - 11:00 p.m. in conjunction with a band playing in their outdoor service area, together with recommendation of Police Chief. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008 b. Motion-to approve the following: 1. Larry Ticknor, Rusty Zey, Scott Kroeze and Randy Shepard, Airport Maintenance Workers, to attend Live Fire Training in Cedar Rapids, Iowa on September 24-25, 2008, with costs not to exceed $2, 800. 00, including use of city vehicle. AYES NAYS ABSENT ABSTAIN " MS . COLE MR. GETTY MR. HART MR. GREENWOOD / MR. STEVE SCHMITT // MR. WELPER MR. REGGIE SCHMITT g O x fti d 0 ro z X cn ro ("] 9 Pi n CD "• m n ro 0 CD CD t O Pt Do tzl N 0 PP h7 ri r•n cD ro H ro O o cD N• 0 n CD rr O H t' 0 it H a, cD rr 0 0 n N• CD x H H o a. m C 0' n 0 0 H H n o ?C 0 H 0 N rt. It H O 9 0 0 H Z H z (LI O H o z O a z a c) ro 0 n rr Y' N o a, o M 0 b rr m a CITY OF WATERLOO, IOWA COUNCIL RECORD 2 . Reggie Schmitt, Councilperson, to attend Iowa League of Cities 110th Annual Conference in Council Bluffs, Iowa on September 10-12, 2008, with costs not to exceed $450.00. 3. Dave Boesen, Battalion Chief, to attend Arson K-9 Handler Recertification in Ringgold, Georgia on October 20-24, 2008, with costs not to exceed $932 .00, including use of city vehicle. 4. Tom Jennings, Police Chief, to attend 23rd Annual LECC Executive Training in Des Moines, Iowa on September 23-24, 2008, with costs not to exceed $170.00, including use of city vehicle. 5. Joe Saunders, Police Officer, to attend Basics of Outlaw Motorcycle Gangs Conference in Des Moines, Iowa on September 13-19, 2008, with costs not to exceed $635.00, including use of city vehicle. 6. Maureen Newbill, Visitor Services Manager, to attend Morning Glory Fine Craft Fair in Milwaukee, Wisconsin on August 9-10, 2008, with costs not to exceed $275.00. 7. Communication from Superintendent of Traffic Operations transmitting recommendation of appointment of Scott Kroeze to the position of Sign & Traffic Operator, effective August 18, 2008 . c. Beer/Liquor License Permit Application Class C Kings and Queens Tap, 304-306 West 4th Street (Renewal) (Expires 8/27/09) (Includes Sunday Sales) Casey' s Pub & Eatery, 1125 West Donald Street (Renewal) (Expires 9/23/09) (Includes Sunday Sales) d. Liquor License Permit Application Class E Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) e. Wine License Permit Application Class B Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) f. Beer License Permit Application Class C Wal-Mart Supercenter, 1334 Flammang Drive (Renewal) (Expires 9/30/09) (Includes Sunday Sales) AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT xl ro ti a ro z, z cn Pt 0 x c cD N• m n 'Li 0 m CD t1 ti 0 'Li t 03 H 0 w '0 n HI m �r ro H 1 'Id 0 O CD N• 0 II (D (t -- 0 H t" 0 4t H a (D rr 0 n n F'• (D ;U H H a m c n 0 n 1-3 H n H a s I. a w (t 0z 0 H Z O 7C 0 y H 0 0 H HI 7 H z w 0 H O z 0 • w z 0 a z cD 'CI rt tv 0 0, o rn 0 'CI rt (1) a CITY OF WATERLOO, IOWA COUNCIL RECORD g. Cigarette/Tobacco Permit Application Neighborhood Mart, 2100 Lafayette Street h. Outdoor Service Area Application Caseys Pub & Eatery, 1125 West Donald Street i. Bonds. Ayes: Motion carried. Na-d, AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT 4:5- t (A s,..) ........ . pd '_] t7 0 K] P7 I I cn m N• CD n b 0 m m l G .,Fy... -- " � � 0 b VI ?73 o cD w 0 n11 (D rr .14 u. 0 Hr O0 �' a n °c n "a (1 t � ey HH g H. ar aft H i= Z.�_ IC OW 0 1-i• r rt I-t, r.t....: 1.k-• i .. H z H y Ili 41 IL J' I - 'E N rt ..... 4 ���� •.r• I� rn ' • s i '� � • -al' 0 ilk . .""t • r U a. J 4. 1 ....,.... EN This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-664 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON A SITE PLAN AMENDMENT TO THE "B-P" BUSINESS PARK DISTRICT FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWESTERLY CORNER OF GREYHOUND DRIVE AND THE FUTURE ATHENS DRIVE, AS AUGUST 25, 2008, AT 5: 30 P.M. IN THE COUNCIL CHAMBERS AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 25th day of August, 2008, for the purpose of considering a site plan amendment to the "B-P" Business Park District for property generally located at the southeasterly corner of Greyhound Drive and the future Athens Drive, for development of a 13, 000 square foot office building for expansion and relocation of the Waterloo Social Security Office, and legally described as follows : That part of the West of the Northeast Fractional 1,1 of Section 6-88-13, Waterloo, Black Hawk County, Iowa described as follows : Beginning at the intersection of the East right-of-way line of Greyhound Drive and the South right-of-way line of West Ridgeway Avenue; thence Easterly along said South right-of-way line to the West right-of-way line of Titan Trail; thence Southerly along said West right- of-way line of Titan Trail a distance of 717 . 63 feet; thence South 89°31' 10" West a distance of 1481 . 04 feet, more or less, to said East right-of-way line of Greyhound Drive; thence Northerly along said East right-of-way line a distance of 662 . 91 feet, more or less, to the point of beginning; and also Lot 1, Deer Creek Plat No. 2, all in the City of Waterloo, Black Hawk County, Iowa . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this llth day of A ust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: l Nancy Ecke t, CMC City Cler _l,.14, CITY OF WATERLOO , I O WA 1 Witirr T��I WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION iG=51 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 C?iE'r100 'P NOEL ANDERSON • Community Planning&Development Director lbla i/or ..��2fZihV`�, TIMOTHY IY T. August 6, 2008 HURLEY Honorable Tim Hurley, Mayor City Council Members COUNCIL City Hall MEMBERS Waterloo, Iowa REGINALD A. Dear Mayor and Council: SCHMITT Wail I Transmitted herein you will find a request for site plan amendment for the CAROL\N Greenbelt Centre development, located at the southeasterly corner of Greyhound COLE Drive and the future Athens Drive, located within a "B-P" Business Park District. ward 2 This site plan amendment will further cover the designation of uses for the lots being developed as shown on the attached maps. Please see the attached site I-LAROLD GET C,: plan and drawings. Ward The building site plan amendment will allow for the development of an QUENTIN M. approximate 13,000 sq. ft. office building for the expansion and relocation of the HART ��,.,4 Waterloo Social Security Office. The building will be constructed of a mixture of glass, brick, and EIFS wall systems and finishes, as well as a sloped and RON shingled roof system. The professional office would appear compatible with the `VELPER plans for this area, as well as similar to the design of the previously approved ward 5 building in this general area - Mauer Eye Center. The development of the lot BOB would also appear to be in compliance with the Future Land Use Map and zoning GREENWOOD for this area. At-Large STEVE The site plan shows the 13,000 sq. ft. building on the site, with entrances coming sCHN4ITT off of both Athens and Greyhound Drive. The submitted site plan would appear to meet applicable regulations including setbacks, parking, landscaping, etc. The lot designation approval will allow for the specified uses on the lots as shown. The majority of the lots, located along Ridgeway Avenue and Athens Drive, will allow for office or restaurant development to serve and enhance the business park development. The easterly most lot, next to UBC, would be designated for a convenience store/carwash facility. This designation will allow for future development to go through the minor approval process, as long as it is one the specified uses as shown. For the building site plan, the Zoning Ordinance requires that the site development be reviewed by the Planning Commission and then approved by City Council for development within the "B-P" Planned District. The proposed office use as shown would be in conformance CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer GreenbeltSSA&Iotdesignate.BPamnd/6-Aug-08 with the underlying district classification. This would be the 3rd site to be developed in the growing business park, behind Mauer Eye Center and Craft Cochran. Therefore, we would ask that the City Council set a date of public hearing and publish an official notice pertinent to the request to amend the existing site development plan as described above. Should you have any questions, please contact our office. Since ly, Noel Anderson Community Planning & Development Director Cc: Aric Schroeder, City Planner GreenbeltSSA&lotdesignate.BPamnd/6-Aug-08 Request by Deer Creek Development, LLC for Site Plan a Amendment to the "B-P" District Located South of W Ridgeway Ave Between Greyhound Drive & Titan Trail ",:.,,-,.• ' -,-. 4 , 1.41 W Ridgeway Ave ;74.: , r......-.. 0 ' wirr'' F._ ,. /....4. 1004i,- - . . 0 Area to be Designated Or Athens Dr TTT bib 1Yr..e 'L b..4 �, Q,:.:•. t 6 • .' ` . F 1�v fi $ 9 -I. 1. T I 6 ' • -4 .,� =, / -zrit•P' .' ' *,. . ' t �� } -� J 1 y, fir = �400 200 0 400 Feet e iii[li i \\ I II i PSI I 1 ___,\ 7,-- ( ,__. _ _ ____ _ _ _____ ,;,,_._ _ ____,_ .. ._.. 1 I=s/c� giuv I xg x qe J Ip z a I 1 M ii I 1 1a f ' '!� � I��, `4 T• m I I I A O 40mo F ts t I \ p i i 1 d I IIi1��A I v �" N I ID k ' 0 CD I -.MPH v r y > i t mow z I 14 - A Q" ,1 I 1--I s j o- r r4 i I \ I ,_—, (�j„j�cs� ! 1 _y 1.... , , , ri,--, 00.4. Ab., \... .....- _1 , _ „iii," 1 , 14101, _. 240.0' N BITE PLAN ,... / .. *MIK 11111 cyan WRY�21 I CDG v. WATERLOO.awe Oliry.L rMMre W 1i1 iip pa !° ill ;;lam - r 111 JI \ai m i'i ! m I,. h= ' D �_; LI OI y1 il Di III h up et ell b hi pi 1 lip III hi ii �_; 61 i'i_ I I , ,' 4 II 4 1 1; .1.-e—t.',7: i CO D I 8 * PP - EIN m co 1 FriITt i 1 --I 1 ' fn fill 1T1 I 4 -1 11 .. m I - m 111 O 1; 'i,j O Z ; L ;1 1 1d ;; f UI �i1i if ;1 ;1 11 1 i 1 in 11 11 ;116 li OM 11 I or 1,. 1CDG c3b1.D..19n crow 1z-13-07 PROPOSED or t+O"7.zI.61( ELEVATIONS GSA WATERLOO,IOWA A ; � 0 1 ! 13�; 1 1 i ��© '©O off. ( 1 0,0 ® -:all u 3 • C�J l l i L u. e ^ t, -t • 000 • .. Ili 111,11L.91:III Ik;1‘..11:'..:Ina!1.\ *1 02 g 0 h 0 • AI ,. IGIr' 4__`'iii wi s,,,t i_•II:N jl•aim• : is - 0to) e ' . 0 d Qu O t0 tO tO tO 10 t0 ? � � I cH0 •i o I 'Aft- _.0-, Ceti • 00 00 70 - I �! \A ° 4n a ,.•� •�■ m - ._. ti.� 1 '©>r o 0 a • 0 \' .347.7 - .2.4 • 00 O Yr ' y ii tt:tt 1' ^ _ ni kt n� , i*i \ W T u �, D - itsn r o®�®®I 11tl- Fin * , •fit iE7r rcit iar' rcii iak _ - - nitf'an u Pan niff/'au c3 o lit*ilia of is iufapii • 11 -ilia: .R1.. ..L1.. �l H=k=) !OF a�lt >It3F awl! it ilk Atli �L;:4:^. r Wit i � ���r i�r ��:�t i�� L I -Try"- - "'Vs '!1 n&an n�i n n�i'an ufau nfj�u ufticui -. .. .. ._ 00 aa. alJ. .l!l� Nt9F 3IPi s up F 7pj14 Nell.1 1 e U 0• 0 ' '. _ 4-- N Coble 0. �ce.+o.oe PROPOSED 5oui °.° „Er FLOOR PLAN GSA D= Design :o L4Op WATERLOO,IOWA H co ('atop {uoismai —' oMol `Silo] 1Op8�c 6Z85-991-61£ — aoo2elnr a n toaod 6fiolouyaj 105t w 0 'ao1b3lan ' ' A3a H33a0 b33a N3NNNV NV1d 311S d-66u1.10aui6u3 fA \ W w a J J N a ww'p N w n p A Z J 2J Z > 2N W y2A 0_ WToq 7 Y W .m GK¢G W u az41 8 c u ZW>pJ a L'a f . oin0Maa X a W Z • 3 p I Id \ c i N I u .4 2 ' N.a �b 0 zre I pa _.....—. — a l 1 $ - / K Z , 1 .U N I Q a ,a yI1 G Wa _ Wr WF •N W a it pW p IS' I- C Lia �a a p wrr WQ' 1 Ip I ._. 1:. �� _ > Y N J1- b I p p� mw r gilw. f _ J $ Z t1 ti W 3Na� it, U' tu� ...,..—YY. , L :a.a aNUp N^a:�NZ 4p .: W W W W m J N W Z 1 ZY SW1-1 1. NQ WK .moDZw UW "qH 1 Lice J a03. Z�tt0 a fi' Wr 4in Op4p1>JmQO,1tga OCJi 00 tJ 1 � NK NIJ�Q'L�WrI-� ZW .3,1x1 .:'11�. v13Wt'-¢5ZJ4L1.1�y=Wce • 3 Z Q W m1W-71�5 q� �o0:,WK .i F- WC ' Y4'ZpFI'- p.y7,,.7p1=-W y1 WQ� aW4. �O}F .. =p,,,,To W�Npp•^WpapO ., ' J' VJ j `-'W . �'U'..113��Z W WQF , WOy CZ �'3 K Zp�=QpOQJQp W p U J a 3- > '',S�' va aQ�p Z2Z Jpin¢ pN N 3 Z d4 Y-Z.. .dam «cc2 6J Q , \Q K t Z J J W H W N N 0L� a I i Z Y' woe l.i w. Z.. 1- Z.....,f-Zw \a V_S .A NWW a p�l7 3NV'Ogf-i NI=Jcpegaz A I 'A N �a' !V 1- F1 F=--wWeeccw>a«WQTQ a 4 :1 O w F a. O W ,'- J i ... J o W .+dam • n ,:�U .i-'i, K 'Y. n. 1) v 0 • 4 r. � � C. a i • 3AIaa cNn0MA3Z5 ' r _.„ .21 /13N (2L) .@( 'X3 i ^. I _IV c: a. x 1 3 1 III tha • 17 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 X Minor change (deck one)(Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name(please print): WATESSA VENTURE LLC% Katco Resources Address: 101 W 2nd St. Phone: 563.940.0815 Fax: 563.322.9988 City: Davenport State: Ia Zip: b. Status of applicant: (a)Owner (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Deer Creek Dev. LLC Address: 643 E. Griffith Road Phone: 319.269.4081 Fax: City: Waterloo State: Ia Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Greenbelt Center on Greyhound Dr. Waterloo, Iowa b. Legal description of property or portion to be amended: Lot 11 c. Dimensions of proposed site plan amendment: 272' x 240' d. Area of proposed site plan amendment: 272' x 240' e. Current zoning: PD f. Reason(s) for site plan amendment and proposed use(s)of property: Change in size of lot g. Conditions(if any) agreed to(does not affect existing conditions unless specified): h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200(for new or overall amendment),$100(for individual Building), or$0(for minor change)(payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signatur of Qwn r ( Date be i4a..G,(8) c �1 Planefu' 18 • Site Plan Amendment — Development of 13,000 SF Office Building • Standing at the approximate intersection of Looking east at the approximate location Greyhound and Athens Drives looking to of where Athens Drive will be constructed the northeast at Lots 1 and 2 of Greenbelt and extended eastward. Centre Plat No. 3. • 00, 4114 Looking south of the site in question at Looking southeast at the proposed location unplatted, and undeveloped farm ground. of the new office building to be built on Lot 4 of Greenbelt Centre Plat No. 3. 9 August 5,2008 REQUEST: REQUEST BY DEER CREEK DEVELOPMENT LLC FOR SITE PLAN AMENDMENT TO THE "B-P" BUSINESS PARK DISTRICT ALONG AN EXTENSION OF ATHENS DRIVE BETWEEN GREYHOUND DRIVE AND TITAN TRAIL IN THE GREENBELT CENTRE FOR THE DEVELOPMENT OF A 13,000 SF OFFICE BUILDING AND TO DESIGNATE THE FUTURE USE OF LOTS. APPLICANT(S): Deer Creek Development LLC, 643 E Griffith Road, Waterloo GENERAL The request is for a site plan amendment to construct a 13,000 DESCRIPTION: square foot office building and to designate the future use of lots along an extension of Athens Drive between Greyhound Drive and Titan Trail. IMPACT ON The request would not appear to have a negative impact on NEIGHBORHOOD & the surrounding area and would be compatible to the already SURROUNDING existing commercial development in the area. LAND USE: North — Katoski Greenbelt zoned "A-1"Agricultural District and vacant land zoned "M-2,P" Planned Industrial District. South —Vacant land zoned "B-P" Business Park District and Greyhound Park zoned "M-2,P" Planned Industrial District. East— UBC zoned "M-2,P" Planned Industrial District and Highway 63 and Kingswood 2nd Addition zoned "M-1" Light Industrial District. West— Greenbelt Centre zoned "B-P" Business Park. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on the surrounding traffic conditions in the TRAFFIC area. CONDITIONS: Access to the site would be gained through Titan Trail and Greyhound Drive, which are classified as a Local Streets. The site will also be served by Ridgeway Avenue, which is classified as a Minor Arterial, and Highway 63, which is classified as a Principal Arterial. RELATIONSHIP TO RECREATIONAL There is an existing recreational trail along Highway 63 TRAIL PLAN: adjacent to the property in question. ZONING HISTORY In February 2008, the City of Waterloo rezoned the Greenbelt FOR SITE AND Centre area from "M-2,P" Planned Industrial District to "B-P" IMMEDIATE VICINITY: Business Park District to better reflect the intent to develop the area as a commercial and business park, including professional office, commercial and light industrial development. BUFFERS The "B-P" zoning designation requires that new developments REQUIRED/ NEEDED: submit and execute a landscaping plan. Additional screening and buffering does not appear to be needed, as there is no abutting residentially zoned land in the area. The nearby Black 05-06-08 Greenbelt Centre Site Plan Amendment to BP 13,000 SF Bldg and Use of Lots Page 1 of 3 10 August 5,2008 Hawk Creek greenbelt also provides additional natural green space. DRAINAGE: The site plan shows a drainage way running through the property, which connects into Black Hawk Creek. DEVELOPMENT In recent years, this particular area has seen additional interest HISTORY: from potential developers, with Mauer Eye Center and Divine Spa having begun work on a new 25,000 square foot building at the southwest corner of West Ridgeway Avenue and Cyclone Drive, and there are plans to construct a 45,000 square foot Gold's Gym directly to the south of that building as additional development occurs in the area. Also recently Craft- Cochran was approved to build a 17,000 square foot building at the southwest corner of Cyclone Drive and Highway 63. FLOODPLAIN: Portions of the property are in the Zone A 100-year floodplain, while portions are in the Zone B 500-year floodplain and Zone C, which is not a Special Flood Hazard Area. The lot for the proposed 13,000 SF office building, which is located at the southeast corner of Greyhound Drive and an extension of Athens Drive is not located within the 100-year floodplain. Development within the 100-year floodplain will require that structures be elevated to meet minimum floodplain standards. PUBLIC /OPEN There are no schools located in the nearby vicinity. However, SPACES/ SCHOOLS: with the close proximity of the Black Hawk Creek and the Katoski Greenbelt, the greenbelt can coincide with anticipated development in the area by providing for additional green space and creating a more natural setting for commercial and office development. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. Water, sanitary sewer, storm sewer and overhead electric currently serve the area, and will be extended to the site. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial, COMPREHENSIVE which would allow for both commercial and light industrial LAND USE PLAN: uses, both of which are permitted uses in the "B-P" Business Park zoning District. The request is in conformance with the Comprehensive Plan. STAFF ANALYSIS — The site plan amendment consists of 1 building with a square ZONING footage of 13,000 square foot, and the designation of the future ORDINANCE: use of 12 other lots in the area. The proposed material for the new building is anticipated to be EIFS with masonry wainscot siding and asphalt shingles. The submitted site plan shows the location of the proposed 13,000 SF building, as well as 55 parking stalls. The site plan includes proposed landscaping plantings. The site plan amendment would also designate the use of 12 other lots. Lot 1 of the proposed Greenbelt Centre Plat No. 3 05-06-08 Greenbelt Centre Site Plan Amendment to BP 13,000 SF Bldg and Use of Lots Page 2 of 3 � v 11 August 5,2008 is also proposed to have an office located on it. While the remaining lots along Athens Drive between Greyhound Drive and Titan Trail would be used for either an office or a restaurant. Lot 1 of Deer Creek Plat No. 2 would be used for a convenience store/carwash. By designating the use of the lots they would then be eligible for a minor amendment during the site plan review process in the future. A change in use would require a major site plan amendment. STAFF ANALYSIS — SUBDIVISION The proposed office building is located on what is proposed as ORDINANCE: Lot 4 of Greenbelt Centre Plat No. 3, which is currently going through the plat approval process. The site plan amendment would also designate the use of the other three lots to be developed as part of Greenbelt Centre Plat No. 3, as well as 8 additional lots to the east along an extension of Athens Drive that have not yet been platted. The site plan amendment would also designate the use of Lot 1 of Deer Creek Plat No. 2, which is located at the southeast corner of Ridgeway Avenue and Titan Trail. STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "B-P" Business Park District be approved for the following reasons: 1. The proposed uses are consistent with the Future Land Use Map and Comprehensive Plan, and are located within the Primary Growth Area. 2. The proposed uses and design would not appear to have a negative impact on the area and would appear to be compatible to existing development in the area. 3. The request would provide for additional growth in the Martin Tax Increment Finance District, which is a priority area for growth in the City of Waterloo. And subject to the following conditions: 1. That final site plans meet all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 05-06-08 Greenbelt Centre Site Plan Amendment to BP 13,000 SF Bldg and Use of Lots Page 3 of 3 • .., .£ 6Z85-991-61.£ - 0101 `Sits! 1OAe3 eoo2'AlM a § _ = AoMS�JDJ A6olouyaaj 10 1 l I vmoi .00i 13M o v all'1N3NdOl3n3Q J13330 33a uuaaui6u3 r ` 1N34UN3NV Wld 311S d-s �O N W Oy 9 r r Z J 1O . Z 'I ca =Da = 4 W -..I .. Z w>Qa Q. a i a i itti g II C ¢ O oz ix a It N U y x NH II c ti = F �C .V..b.J'6Lt 4'r W0 1 Ir u Z . IMN {W.1Q JQ P — I.- w� Y OW �y CCjJ 9! N .. K '.W. W W Y 5., !I 5 Z u w 3v6om I. W ' flu t1 I WI . OZM1I i q.. q� ?“11. Z QjN zq you V=OZN �: ZY yyJJIW Uh m,,WZ ~ WySrII-^ZZy� ZZO Z -\Q IJ7Eo .JSYW=>QWZ � W.a ., WO�Z ZOJ +1Oggta:J 1 P 4F Al W 1iy :J ODL0�. 2 Q6,..=q¢rJ'6- jOU o OW _.. NWQWOY j� �WZ'..W lSitlt r �� 4 3 j1 =q Q~QO'�g'6,O`,W.1 ' I 4 \Q ¢ W I N >2,V11� nOW� q w� c �t}� neon +W yo,Rvo o �. I ' 4 Ci a. "� �O aY,�=OaOD.Z.Wy�- y J .__ O 3e44JJ 004 J NO Q I -'�i!. vt aC1.NOZZZ JONQ QONO.'ON I Z H UM u U. Z�. f Z°:1..ZW W \6 t y6p20));,'�'OFIAVIOd'q -MWa• _ WI\ WOOQWJ QJOZ II uQ. N �„W ` �. at-,-Wwoc4la)aaaUa2Q .�. O. 4� y� .P OQ' � 1I i 65,e r .- - 6 r _ / Pk '' � ]Mao IINttaN%.3 e ./1 21 M3N 'G.$1).21 X3\ I . \ . ` c f ; T I, 'll J Iar759� CITY OF WATERLOO, IOWA COUNCIL RECORD PETITIONS FROM PUBLIC 2. that communication from Community Planning & Development Director transmitting site plan amendment to the "B-P" Business P.rk District for property generally located at the southeasterly corner of eyhound Drive and the future Athens Drive for development of 13, 000 sq. ft :building for expansion and relocation of the Waterloo Social Security Office, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 25, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described requ t" ,b_eAa�opted and City Cler instructed to publish notice of same. Ayes: � 1 " M A Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE V MR. GETTY MR. HART MR. GREENWOOD v / MR. STEVE SCHMITT MR. WELPER V MR. REGGIE SCHMITT �/ c.,....,n (D w (D K ro O (D (D A►•a;, , x, Pd 0 7z, 0 a (D CD , (D kq III " rt �� ti (t O T 1) tr. 14\. '-3 0 y 1„ H Z w on.< . ` G �" 0 H o „ler ; Z 0 1 4 mik I. Z Ill• V pz, ..r.- rD PO • v`, N epa, M PO a • ti A _y, i This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-665 RESOLUTION APPROVING VOLUNTARY TRANSFER OF BENEFITS POLICY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Voluntary Transfer of Benefits Policy, be and the same is hereby approved. PASSED AND ADOPTED this llth day of Aug st, 2008 . • Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ec D t, CMC City Cle fr% Ir„, CITY OF WATERLOO , IOWA orio T1 HUMAN RESOURCES DEPARTMENT 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 a'et►pp Np ROBERT C.STRINGER • Human Resources Director Mayor August 6, 2008 TIMOTHY J. HURLEY Honorable Tim Hurley, Mayor, And City Council Members COUNCIL City of Waterloo, Iowa MEMBERS City Hall - 715 Mulberry Street Waterloo, IA 50703 REGINALD A. RE: Voluntary transfer of benefits SCHMITT Ward I Dear Mayor Hurley and Council Members: CAROLYN Although it doesn't happen veryoften, there are instances where an employee faces COLE g PP Ward 2 loss of employment income as a result of an extended illness or injury affecting the employee or a member of his or her immediate family. The extended illness or injury HAROLD may also mean a loss of health insurance coverage at a time when the employee most GETTY needs the protection and can ill afford to be without it. Ward QUENTIN M. For this reason I have drafted the attached Voluntary Transfer of Benefits policy for HART your consideration and approval. Basically the policy will provide a means for other Ward 4cityemployees to donate benefit time that theyhave accrued in order to give to RON another employee who has exhausted available resources and needs a helping hand in WELPER times of unexpected or prolonged illness or injury. Ward 5 BOB For the employee making a donation, the transfer of benefits reduces his or her hours GREENWOOD of accrued paid leave. For the employee receiving a donation, he or she would At-Large simply avoid unpaid leave and be paid hours previously budgeted for his or position. STEVE SCHMITT The attached policy spells out the conditions under which an employee may qualify At-Large for transfer of benefits. I respectfully submit this policy to you for your approval. j1 b -- Bob Stringer Human Resources Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1 Voluntary Transfer of Benefits This policy provides a means for employees to donate benefit time on an anonymous basis to another employee who has exhausted available resources and who needs a helping hand. The policy applies to regular full- time/part-time employees regarding transfer of benefits to another regular full-time/part-time employee who has exhausted all available paid leave and who provides a signed statement from a doctor regarding the employee's need to be absent from work for a minimum of two (2) weeks. Employees who voluntarily elect to make a contribution may donate vacation/ scheduled leave (police), or personal time to any qualifying employee subject to the following conditions: 1. An employee who has exhausted available paid leave and who has been on leave for at least two (2) weeks due to a medical condition for himself/herself or for a member of his/her immediate family may qualify to receive donations of benefit time. 2. An immediate family member is defined as spouse, child, or parent as such terms are defined by the Family and Medical Leave Act of 1993, as amended from time to time. 3. An employee who needs assistance must submit a request in writing to the Human Resources Department. 4. The request for assistance must include a signed statement from a doctor regarding the employee's need to be absent from work. 5. A committee consisting of the Chief Financial Officer, the City Clerk, and the Human Resources Director will review the request for assistance on a confidential basis. 6. The Human Resources Department will issue a notice of request to receive donated leave to all departments regarding an employee's need for assistance without publicly identifying the employee, unless the employee expressly waives his or her rights to anonymity. 7. The Human Resources Department will notify affected department heads as appropriate regarding donations that have been approved for a transfer of benefits. 8. An employee who voluntarily elects to make a donation may contribute an amount up to 25% of currently available vacation/scheduled leave or personal leave in increments of a complete hour. 9. Notice of intent to make donations must be submitted directly to the Human Resources Department on a form provided for this purpose. 10. The Human Resources Department will administer the donated leave program, keeping all donations confidential except where disclosure is required for auditing purposes or as required to by law. 11. Donations will be deducted from a donor's bank and added to the recipient's bank in an amount not to exceed the number of hours needed by the recipient for the current pay period. 12. All donations will be treated as hour for hour. 13. Donated hours may not be used to count towards the accrual of any benefits, except for seniority and health insurance. This policy does not apply to temporary or seasonal employees. Transfer of benefits policy— 8/6/08 CITY OF WATERLOO, IOWA COUNCIL RECORD REPORTS 127595 - Cole/Welper that communication from Human Resources Director transmitting Voluntary Transfer of Benefits Policy, be received, placed on file and "Resolution approving said policy", be adopted. Councilperson Greenwood reported he was approached by several Engineering Department employees who were concerned that they could only contribute a maximum amount of 25 percent of currently available time. Councilperson Greenwood stated he will support this policy for the sake of having a policy in place, but he would like employees to have the ability to contribute up to 50 percent of time that they don't need. Councilperson Greenwood will propose said change at a future council meeting. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Absent: Hart, Steve Schmitt. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-665. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY ✓f MR. HART ✓ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER r// MR. REGGIE SCHMITT 0 N 0 w 'rod n ri, 0 pi' t7 ' ' •. L.J. t � 0 H r 0 it t0-+ ¢, CD rdr 0 0 CD N ► CD r :U P] H o rr a a' (D CD p, 'A . rr �" y Z H H Z 0 X' 0 ! ,ith: H DO p 0 H. Cr 0 rh '\ _ H Z H ` k, 0 to ik 7 H �\ I 4 b i. a 4 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-666 RESOLUTION APPROVING APPLICATION FORM FOR OUTDOOR CAFE/BEER GARDEN/SMOKER' S GARDEN. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application Form for Outdoor Cafe/Beer Garden/Smoker' s Garden, be and the same is hereby approved. PASSED AND ADOPTED this llth day of Aucust, 2008 . 1; t2 Y I Reggie Schmitt, Mayor Pro Tem ATTEST: Nancc4 rt, CMC City Clerk '��" I��, CITY OF WATERLOO , IOWA l•p101. CITY CLERK AND FINANCE DEPARTMENT G ..": yam 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 O1OtIOO \O NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Al,/um TINIoTHY J. TO: Mayor Tim Hurley HURLEY Council Members 0r"-6 FROM: Nancy Eckert, City Cler- COUNCIL d MEMBERS DATE: August 6, 2008 REGINALD A. RE: Smoking Areas for Businesses SCHMITT Ward I CAROLYN With the new state law regulating smoking in public establishments, we have seen an COLE increase in requests for outdoor smoking areas for business establishments. The new Ward 2 law allows for bars to have a patio area where customers can be smoke. A bar is HAROLD defined as a facility where there is only incidental food preparation, such as snacks, GETTY popcorn, frozen pizzas, prepackaged sandwiches. Microwaves and pizza ovens are Ward 3 about the only equipment a bar is allow to have. QLENTIN M. The smoking garden will allow smoking only, no food or drinks. We incorporated the HART' Ward 4 smoker's garden with the city's current application for outdoor service area or outdoor café as we feel we will need the same information in order to approve the smoking RON` area. Attached is a copy of the form that must be filled out by the applicant and WEEPER approved by the fire inspector, buildinginspector, countyhealth inspector, planning 5 and zoning, city engineer and the police chief. Once all the departments have signed BOB the application, we will forward the application for council approval. GREENWOOD At-Large We have placed the new form on the council agenda for Monday, August 11, 2008, for STEVE your approval. If you have questions prior to Monday's meeting please feel free to SCHMITT contact any of the departments involved in this process. At-Large Cc: Tom Jennings, Police Chief Eric Thorson, City Engineer Noel Anderson, Community Planning & Development Director Doug Carter, Fire Chief Jon McNamee, Black Hawk County Health Louis Cutwright, Building Official CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer APPLICATION FOR OUTDOOR CAFE/BEER GARDEN/SMOKER'S GARDEN The undersigned hereby applies for an outdoor service area: 1. Name of Applicant: 2. Business Name: 3. Street Address: Business Phone: 4. Please check one: Outdoor Café Beer Garden Smoker's Garden REQUIREMENTS FOR BEER GARDEN/OUTDOOR CAFE/SMOKER'S GARDEN: Definition: A smoker's garden allows smoking only, no food or drinks. A. To Be Completed By Applicant: 1. Attach a diagram showing discernible outdoor area, including dimensions and setback. 2. Attach a letter stating dates outdoor area will be used. 3. Attach a letter from your insurance and bonding companies acknowledging that the outdoor service area is covered by dramshop insurance and/or bonding and naming the City as an additional insured party. 4. Attach a list stating the names and addresses of property owners within 200 feet of the licensed premises. 5. If downtown location, furnish a copy of approval from Main Street Waterloo. The person(s) making this application hereby agrees, if a permit is granted, to comply at all times with, and observe all provisions of Chapter 123, Code of Iowa, and all laws of this State and the rules and regulations promulgated by the Iowa Beer and Liquor Control Department relating to liquors, alcohol, and malt or brewed beverages. Date: Applicant B. To Be Completed by Building Inspector: THE OUTDOOR SERVICE AREA MEETS THE FOLLOWING REQUIREMENTS: 1. Adjacent to Licensed Premises or as required by Regulations 2. Proper Screening 3. Seating Accommodations 4. Accessible as required by Regulations 5. Exit Requirements 6. No Amplified Sound Equipment beyond that Permitted for Licensed Premises 7. Proper Zoning COMMENTS: The undersigned Departments of the City of Waterloo have, by signature of the officials noted below, certified that the above-mentioned outdoor service area conforms to all laws within the jurisdictional enforcement of said Departments and may receive approval of this application. Waterloo Fire Inspector Waterloo Building Inspector Black Hawk County Health Inspector Planning, Programming & Zoning City Engineer Police Chief or Designee NANCY ECKERT From: jmcnamee@co.black-hawk.ia.us Sent: Monday, July 28, 2008 11:05 AM To: NANCY ECKERT; Gary.Hesse@cedarfalls.com Subject: Outdoor seating requests We are seeing a slight increase in establishments requesting outdoor seating permits. I can only assume that these requests arise out of a desire to provide a smoking area for customers. In order that we are all giving the same information, I thought I should share with you what we are telling our licensed food service establishments when they call or contact us on this issue. 1. Do you fit the "bar" definition? Under the rules, a bar is defined as a facility where there is only incidental food preparation, ie snacks, popcorn, frozen pizza, prepackaged sandwiches. Microwave and pizza ovens are about the only equipment you are allowed to have. If you qualify as a bar, you can have a patio area where your customers can be seated, served and smoke. 2. If you have food preparation such as burgers and fries, or more. If you use crock pots, , roasters or other significant preparation equipment, you are a restaurant and although you can have a smoking patio, there can be no seating or service on the patio. There is nothing to prevent someone from taking their meal to the patio for consumption, they just can't sit down and wait staff can not deliver it or bus the table. Finally, the law does not specify a specific distance from entrances or exits where smoking can or cannot take place. Please feel free to communicate with us any problems or questions that come up regarding this regulation. While my health inspectors are not directly involved in the enforcement of this law, we are getting a lot of the questions. "Any man who may be asked in this century what he did to make his life worthwhile, I think can respond with a good deal of pride and satisfaction: 'I served in the United States Navy. '" John F. Kennedy, 1962 Jon D. McNamee Environmental Health Program Manager Black Hawk County Health Department 1407 Independence Avenue-5th Floor Waterloo, IA 50703 Office: 319-291-2413 Direct Line: 319-292-2205 Cell: 319-415-8924 Fax: 319-291-2529 jmcnamee@co.black-hawk.ia.us NOTICE: Subject to the requirements of the Iowa Open Records Law, this message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. Subsection 2510-252, and contains information intended for the specified individual (s) only. This information may be confidential. If you are not the intended recipient or an agent responsible for delivering this message to the intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, copying or the taking of any action based on the contents of this message may be prohibited. If you have received this message in error, please notify us immediately by e-mail and delete this message. THANK YOU 1 CITY OF WATERLOO, IOWA COUNCIL RECORD 4 . (Id / t41/ that communication from City Clerk transmitting Smoking Area Application Form, be received placed on file and R solution app ving said form" , be adopted. Ayes: t LOAftt.4 Resution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 1 '��Y 1 AYES NAYS ABSENT ABSTAIN MS . COLE / MR. GETTY i/ MR. HART MR. GREENWOOD MR. STEVE SCHMITT c_ MR. WELPER MR. REGGIE SCHMITT m I-.- cD ti ro 0 (D A) "" tri txi O ro t'i X1 I-, hi H hi Oo c H Q. cD 0 n n N m it =- �7 1-3H O fa, N C 11 0 n H H n cr H. Q• a. 0GL �' Z ( H 0 X' 0 Pa .r1 y H UP w 0 ! IR H °z H Z 14 0 z O PO ,� , . z a r ro 0 r b. N 0 2 rr 4. m r a �� o1I�y CITY OF WATERLOO , IOWA WATERLOO LEISURE SERVICES COMMISSION � y�� 1101 Campbell Ave. • Waterloo, IA 50701 • (319) 291-4370 • Fax (319) 291-4297 ertoo PAUL HUTING • Leisure Services Director Mayor TIMOTHY J. HURLEY August 5, 2008 COUNCIL Mayor Tim Hurley MEMBERS City Council Members City Hall REGINALD A. Waterloo, Iowa SCHMITT Ward I Dear Mayor and Council Members: CAROLYN This is to request that the CityCouncil authorize Change Order No. 1 in the Ward 2 q g amount of$2,847.00 for work being done by Prairie Construction Co., Inc. for the HAROLD RIVERFRONT STADIUM EAST CONCESSION RENOVATION PROJECT. GETTY Ward 3 This ADD is needed for changes in additional concrete block work, framing, QUENTIN M. concrete slab in lieu of cold patch asphalt and material and labor to fix an existing HART steel column. The total amount of contract will increase from $112,800.00 to Ward 4 $115,647.00. Funding is available for this change order in the original project RON budget of$180,000. WEEPER Ward 5Please contact me with any questions. Thank you for your consideration of this BOB matter. GREENWOOD At-Large STEVE SCHMITT At-Large Paul Huting Leisure Services Director cc Clerk/Finance CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 4-7 transmittal S T R U I U R E WATERLOO ARCHITECTS °Es,wsoi� s MOW- To: Waterloo Leisure Services Comm. Date: 7/24/2008 Attn: Rick Curran 1 101 Campbell Avenue Waterloo, IA 50701 2007 Riverfront Stadium East From: Karen Bober Re: Concession Renovations (#07079) For Your: x Approval ❑ Record 0 Distribution 0 Review&Comment The Following: ❑Drawings 0 Shop Drawings 0 Specifications x Other Items Transmitted: NO. DATE DESCRIPTION G-1 7/22/08 Change Order Message: Please review and sign all (3) copies of this Change Order. Return all copies to our office for further processing. After all signatures have been obtained, we will forward one copy to you. Thank you. Copies To: With Enclosure: 314 E 4'h Street • Waterloo, Iowa 50703-4704 •Tel: 319.234.1515 • Fax: 319.234.1517 g- 1597 CITY OF WATERLOO, IOWA COUNCIL RECORD DOCUMENTS 5. that communication from Leisure Services Director transmitting Change Order No. 1 for a net increase in the amount of $2, 847.00 for work performed by Prairie Construction of Waterloo, Iowa in conjunction with Riverfront Stadium East Concession Renovation Project, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: .S .(/Motion ccarrie./ AYES NAYS ABSENT ABSTAIN MS . COLE v MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER !� MR. REGGIE SCHMITT cD N• cD II P 0 (D (D ► 'AI �. ti] t� 0 h7 [_] xi to Pi fv '0 K rn (D ► 'd H 'r, f') o cD -- 0 PI ct ► N. r i �.,. • O H t-i o0 1# ►� Cl. (D et 0 n n P. I._4, CD .� ; H H C a a m cD C w ► rr ;, H oZ H y [xi P. et M y b /: A H 0 0 0 :y ► H Z H1 Z0 lai % 0 H III r ,i �► Z °z Ili ow- illibii. I I , ►.. 411110. ilk 16. 0 O i�( i fie ' Hi.., ro 3` ilk et it a- I m a q. A NIA OF WATERLOO , IOWA Iiatio 00%... WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 er100 ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org August 5, 2008 TIMOTHY J. HLR1EY 9002 A081108 COUNCIL Honorable Mayor Hurley and Waterloo City Council MEMBERS Waterloo City Council Waterloo, IA 50703 REGINALD A. SCHMITT Wail I RE: CHANGE ORDER NO. 3 -- S12,169.56 DECREASE CAROLYN F.Y. 2007 PRESCOTTS CREEK AREA SANITARY SEWER AND COLE WATER MAIN EXTENSIONS Ward 2 Contract No. 703 HAROLD HAPPEL EXCAVATING, INC. GETTY Ward.3 Honorable Mayor Hurley and Waterloo City Council Members: QUEHART N M. Transmitted herewith is Change Order No. 3 in the decreased amount of$12,169.56. HART Ward 4 This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project. RON WELPER Ward s Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. BOB GREENWOOD Please execute all five (5) copies and return four(4)to our office for further At-Large processing. STEVE SCHMITT If you have any questions, please contact me at this office. At-Large Sinc ely, Jamie Knutson, P.E. Associate Engineer Attachments cc: Louis Starks, Contracts and Grants Coordinator Pauline Closson, Engineering Dept. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer / 759' CITY OF WATERLOO, IOWA COUNCIL RECORD 6. that communication from Associate Engineer transmitting Change Order No. 3 for a net decrease in the amount of $12,169.56 for work performed by Happel Excavating, Inc. of Waverly, Iowa in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Motion carried AYES NAYS ABSENT ABSTAIN MS . COLE (,//' MR. GETTY MR. HART (� MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER V MR. REGGIE SCHMITT v (D P. (D H 'Id0 (D ID w ra - ti ti Pt tt] CO N 0 4v h7 H Pi) ID 'Z I' & 4 f•; ; . hi H ro 00 cD N• 0 H (D (t - t 4v .. - O H r 0 4# N a (D rt 0 0 H N• : I cD ,•!• ' x y H rt a a, ((D (D (HD 4 ' ► 0`4 � +i. E. i H H C� a n a �v.. �. '" �- Oz n y tzl J O PV 0 IV �. 'Sy H `'Z w O H O "I►. 1:_, ► Z O w 1, = Z w44 (D r'd £ tif IV hill _Ilk cirk O I This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-667 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY HAPPEL EXCAVATING, INC. OF WAVERLY, IOWA FOR THE F.Y. 2007 PRESCOTTS CREEK AREA SANITARY SEWER AND WATER MAIN EXTENSIONS, CONTRACT NO. 703, AND ACCEPTING THE WORK. WHEREAS, Happel Excavating, Inc. of Waverly, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $2, 290, 123. 87 in connection with the F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this llth days, f A gust, 2008 . 4/14k Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy ert, CMC City C k I ItrI�� CITY OF WATERLOO , IOWA �'i/ WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 tetj p p Nei ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org a/illM-40114 : g j o71 August 5, 2008 ✓24° �o c� G�7 Mayor TIMOTHY 1 9002 HURLEY A081108 COUNCIL Honorable Mayor Hurley and City Council MEMBERS Waterloo City Hall Waterloo, IA 50703 CHM ITLDA. SCHMITT RE:: COMPLETION OF PROJECT S ward i RECOMMENDATION OF ACCEPTANCE MAEE CAROLIN for FINT.Y. 2007NANC PRESCOTTS CREEK AREA SANITARY SEWER AND COLE Ward 2 WATER MAIN EXTENSIONS CONTRACT NO. 703 HAROLD GETTY Honorable Mayor Hurley and City Council Members: Ward QUENTINM. I report that Happel Excavating, Inc., of Waverly, Iowa has completed the F.Y. HART 2007 PRESCOTTS CREEK AREA SANITARY SEWER AND WATER MAIN Ward 4 EXTENTIONS, Contract No. 703, in accordance with the plans and RON specifications. It is recommended that this project be accepted. The total cost of WELPER the contract was $2,290,123.87. Ward 5 BOB Transmitted also is the Maintenance Bond that guarantees the maintenance of GREENWOOD this improvement for a period of two (2) years. At-Large STEVE Sincerely, SCHMITT At-Lame • Eric Thorson, P.E. City Engineer Attachments cc: Happel Excavating, Inc. Louis Starks, Contracts & Grants Coordinator Pauline Closson, Engineering Dept. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer MAINTENANCE BOND Bond No, 2072325 KNOW ALL MEN BY THESE PRESENTS; That, Happel Excavating, Inc. of Waverly, IA as Principal,and the North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Waterloo, IA in the penal sum of Two Million Two Hundred Ninety Thousand One Hundred Twenty Three Dollars and 88/100 ($ 2,290,123.88 Dollars, lawful money of the United States of America,for the payment of which, well and truly to be made, the Principal and Surety bind themselves,their and each of their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents, Whereas,the said Principal entered into a certain contract. with City of Waterloo, IA To furnish all the material and labor necessary for the construction of F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions -Contract No. 703 in Waterloo, IA In conformity with certain specifications;and Whereas,a further condition of said contract is that the said Principal should furnish a bond in indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two ( 2 ) years from the date of acceptance of the work under said contract;and Whereas,the said North American Specialty Insurance Company for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, IA Now, therefore, the condition of this obligation is such,that if the said Principal shall,at his own cost and expense,remedy any and all defects that may develop in said work within the period of Two ( 2 ) years from the date of acceptance of the work under said contract,by reason of bad workmanship or poor material used in the construction of said work,and shall keep all work in continuous good repair during said period,and shall in all other respects,comply with all the terms and conditions of said contract with respect to maintenance and repair of said work,then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 17th day of July ,2008, Happel Excavating, Inc. Principal By: 0 ovalu.yikv North American Specialty Insurance Company clf,�! t'r!,,,,k6., Surety a;Lo '4/..1 . i ' SEAL. ng By. f � gbx 1973�Q�,jo�\ Dian S. Kiley ttorne , ct s'�,,�y4464`I"�;aa,` NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,Illinois,each does hereby make,constitute and appoint: Dianne S.Riley Its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,the following surety bond: Principal: Happel Excavating,Inc. Bond Number:2072325 Obligee: City of Waterloo,IA Bond Amount: See Bond Form Bond Description: F.Y.2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions-Contract No.703 Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." rtrt trr, U�tAUTY j/ a,,0110NA(, '•. 4•••'06I4TSG i By• ;�tc .."......,�G :2' ``�' Steven P.Anderson,President&Chief Executive Officer of Washington International Insurance Company& - cz �` p y t- CORPORRTE' SEAL :t)= Vice President of North American Specialty Insurance Company r-.• :r�r`' m 1973 o„o ^yi SEAL ioc yyyAMPS�Q °4 B ec'"C{� y5j,d ARIZONA aD �d�Ntillt�N�\��� David M.Layman,Vice President of Washin t International Insurance Company&y , • •��,o��`�, Vice President of North American Specialty Insurance Company '"""`n IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 22nd day of May 20 08 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 22nd day of May 20 08 ,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M.Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" `��/} „ DONNAD.SKLENS ,� ,, Notary Public,State of Illinois Donna D. NotaryPublic My Commission Expires 10/0612011Sklens, I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 17th day of July ,2008 C;1 James A.Carpenter, tce President&Assistant Secretary of ashington International Insurance Company& Assistant Secretary of North American Specialty Insurance Company CITY OF WATERLOO, IOWA COUNCIL RECORD /v 7 . — that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Happel Excavating, Inc. of Waverly, Iowa at a total cost of $2,290, 123 .87 in conjunction with F.Y. 2007 Prescotts Creek Area Sanitary Sewer and Water Main Extensions, Contract No. 703, / be received, placed on file and "Resolution approving said documents" , be // (/ „appr red and two-year Maintenance Bond be received and placed on file. Ayes: . Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- e,oz • AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART [l MR. GREENWOOD MR. STEVE SCHMITT • MR. WELPER 1/l MR. REGGIE SCHMITT !/ fD H. (D I-4 t 0 CDfD • _ 1 Asti ® 70 Ea H 0 P 't� n HI 4D ;r ^C t7 ro H O ro n o CD N• 0 n 4D r4• ` — O H tr 0 4t H 0. (D Cr 0 0 ri N• ' )•7 J fD fro, H Hi g Pu m C �' 1-1a ,` 0 y n rt a. CD fD (D 4a. } rt O H ,b l=] o• a 0 a o �•, b z H N . ) z a 60 . i+ a I 4;Ili 4:qc '...1 ‘ ,ik 14 1 q i — lb I J .. V tti. R__ .... ilb, is' O ► ,� 0 Fib Cr ��, W ‘ 'e This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa . RESOLUTION NO. 2008-668 RESOLUTION APPROVING AMENDMENT NO. 1 TO AGREEMENT WITH VJ ENGINEERING AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Amendment No. 1 to Agreement dated August 11, 2008, at a cost of $7, 500 . 00, to develop plats and legal descriptions in conjunction with the F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossings, Contract No. 747, by and between VJ Engineering of Cedar Falls, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this llth day of Au ust, 2008 . /01Liv Reggie Schmitt, Mayor Pro Tem ATTEST: _ ra.„}- Nancy E rt, CMC City Cle { %� I.t CITY OF WATERLOO , IOWA • fair 1r 1 WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 %rip° ‘p ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org ar -z , ,1' --1/- u`6 ✓Li+, goo? -Geo' Mai/or August 5, 2008 TIMOTHY J. A081108 HURLEY Honorable Mayor Hurley and Waterloo City Council COUNCIL Waterloo City Hall MEMBERS Waterloo, Iowa 50703 REGINALD A. RE: F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossings SCHMITT Contract No. 747 Ward 1 Agreement for Additional Surveying and Design Engineering Services CAROLYN Amendment No. 1 COLE VJ Engineering Ward HAROLD Honorable Mayor Hurley and City Council Members: GETTY Ward 3 Please find attached Amendment No. 1 to the above-referenced agreement with VJ Engineering to develop plats and legal descriptions for the above-referenced project. QUENTIN M. HART Ward 4 The railroad gate closures will be removed and replace with earthen levees instead of being rehabilitated. This change will require additional survey and the creation of plats RON and legal descriptions for property that will be needed from John Deere. Earthen levees ELPER g p �V Ward 5 will not fit in the available property that the City owns along Black Hawk Creek. BOB This agreement is for a maximum amount payable of$7,500.00. GREENWOOD At-Large Staff has reviewed this Agreement and recommends the City Council approve this STEVE document and authorize the Mayor to sign and enter into this Agreement. SCHMITT At Lane If you have any questions or concerns, please contact me at this office. Sincerely, Jamie Knutson, P.E. Associate Engineer Attachment cc: Jim Ellis P.E., VJ Engineering CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 8. that communication from Associate Engineer transmitting Amendment No. 1 to agreement with VJ Engineering at a cost of $7,500.00 to develop plats and legal descriptions in conjunction with F.Y. 2009 Permanent Closure of Black Hawk Creek Railroad Crossings, Contract No. 747, be received, placed on file and "Resolution approving said amendment" , be adopted and Mayor Pro Tem authorized to execute same. Ayes: ,j a/Aoe,x ; Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER / MR. REGGIE SCHMITT !/ pj oil ti a Pal z x , or ;. I. hi n m N o w b 0 h (D i- 4•P 41gr. .' b H O hi n ►-' 0., (D rr 0 A rt M• ► I- ) ` ►i (D ;c7 H H 0 a (D c 0. n 0 - jiv., n " y H C c* Q• (D (D (D �4 s rr O H y' c� lo o a x �' o ''-• z H 6 0 N• Cr 0 ,A . H O z 0 .... .1- ,... 1 e 0 Ili 14. IP PS 0 tom► at 4.... 1�, ,tilboom p'' N o ,, I 0 fa (D 11 CI This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-669 RESOLUTION APPROVING NOTICE OF DISCONTINUATION OF STORM WATER DISCHARGE COVERED UNDER IOWA NPDES GENERAL PERMIT NO. 2 AND DIRECTING EXECUTION OF SAID NOTICE OF DISCONTINUATION BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Discontinuation of Storm Water Discharge covered under Iowa NPDES General Permit No. 2 in conjunction with the F. Y. 2007 Riverwalk Loop Trail East 6th to 18th Street, Contract No. 696, by and between Iowa Department of Natural Resources, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this llth day of Aug st, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ec t, CMC City Cler' ���► CITY OF WATERLOO , IOWA 0411.101 ..... WATERLOO ENGINEERING DEPARTMENT y`II 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 rj00�t@ ‘� ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org M«,c), August 5, 2008 -444 p D o$- F TIMOTHY J. HURLEY 9002 A081108 COUNCIL Honorable Mayor Hurley and Waterloo City Council MEMBER Waterloo City Hall Waterloo, IA 50703 REGINALD A. SCHMITT RE: F.Y. 2007 RIVERWALK LOOP TRAIL EAST 6TH TO 18TH (VINTON ST.) w°'d I CONTRACT NO. 696 CAROLYN NOTICE OF DISCONTINUATION OF A STORM WATER DISCHARGE COLE COVERED UNDER IOWA NPDES GENERAL PERMIT 2 FOR I"/aid 2 CONSTRUCTION ACTIVITIES HAROLD GETTY Honorable Mayor and Council Members: v,ard Attached is the "NOTICE OF DISCONTINUATION" of a storm water discharge General HARTTIN M. Permit 2 associated with the above referenced project. Construction under this project has Ward 4 been completed. RON This attached document has been reviewed by this office and is recommended for approval kVELPER wardby the City Council. BOB It is also recommended that the Mayor be authorized to sign this Notice of Discontinuation GREENWOOD from NPDES Coverage Under General Permit 2 to the Department of Natural Resources. At-Large STEVE Sincerely, SCHMITT At-Large - ,. 1 Jamie Knutson, P.E. Associate Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 766/ CITY OF WATERLOO, IOWA COUNCIL RECORD 9. —/t)/C / Cv that communication from Associate Engineer transmitting Notice of Discontinuation of Storm Water Discharge covered under Iowa NPDES General Permit 2 with Iowa Department of Natural Resources for construction activities in conjunction with F.Y. 2007 Riverwalk Loop Trail East 6th to 18th, Contract No. 696, be received, placed on file and "Resolution approving said notice" , be adopted and Mayor Pro Tem authorized to execute same. Ayes: -S Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE Z/ MR. GETTY MR. HART c/ MR. GREENWOOD t/ MR. STEVE SCHMITT ./ MR. WELPER C,'' MR. REGGIE SCHMITT �/ 7J t7 Q Y Pri Pc X : to i Pt n > xi n to N 0 AI b K rHi (D L II. '` . ro H0 ro np::, 0 cD I- 0 II (D tt , u. G a a (rtD C 0' n H. a rip 0 'i tp Xi H H g a' a a ,- I. �, V ' ��re H Z H > „z�� rr M \ a NO S� �� H Z H f ., 0 r IN >` rC M f Cam- " ►. ' ' This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-670 RESOLUTION APPROVING NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT WITH IOWA DEPARTMENT OF NATURAL RESOURCES AND DIRECTING EXECUTION OF SAID NOTICE OF INTENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Intent For NPDES Coverage Under General Permit dated August 11, 2008, for renewal of storm water discharge in conjunction with the F. Y. 2007 Riverloop Exposition Plaza, Phase I, Contract No. 721, by and between Iowa Department of Natural Resources and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this llth day f A gust, 2008 . .(1 Reggie Schmitt, Mayor Pro Tem ATTEST: ._. 6,4_0_.,_40- Nancy Eck t, CMC City Cler %:�' I�y CITY OF WATERLOO , IOWA �T1 WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 0/100 ‘C. ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org L1%- $.-//—°, A-e-o , loon- 7° v August 5, 2008 TIMOTHY J. HURLEY 9002 A081108 COUNCIL Honorable Mayor and Waterloo City Council MEMBERS Waterloo City Hall Waterloo, IA 50703 REGINALD A. SCHMITT RE: F.Y. 2007 RIVERLOOP EXPOSITION PLAZA, PHASE 1 Ward 1 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL cAROLYN RENEWAL OF NPDES PERMIT COLE Ward 2 Honorable Mayor and Council Members: HAROLD GETTY Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER Ward 3 GENERAL PERMIT" for renewal of storm water discharge permit associated with the QU'ENTIN M. above referenced project. HART 1\„71,.4 This attached document has been reviewed by this office and is recommended for approval by the City Council. RON \YELPER vz1c/s It is also recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. BOB GREENWOOD At-Large Sincerely, STEVE SCHMITT At Lane Jamie Knutson, P.E. Associate Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer /g14'6 CITY OF WATERLOO, IOWA COUNCIL RECORD 10. ( that communication from Associate Engineer transmitting Notice of Intent for NPDES Coverage Under General Permit with Iowa Department of Natural Resources for renewal of storm water discharge in conjunction with F.Y. 2007 Riverloop Exposition Plaza, Phase 1, be received, placed on file and "Resolution approving said n tice" , be dopted and Vayor Pro Tem authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 70 • AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER ki MR. REGGIE SCHMITT x ro d 0 ro z Z.► 'I to et n n C �• cD n Pt/ 0 m m , _ 1" •' ,, L1 tXi o ro tx 0 (D w hi f_ `� / ro H ro n 0 H r a c� o n (D ' x y H G a m < G' n 0 I n H H n c* a cc cn C w lip ' r* �f o ff z 0 H. cT M R.• / H o �. w ' Z H o w Ao, z o 1111, i II) . , z r_ aAll I Ilk Ill 1 . 4 ..,-CD • �` ! r s� Olip %b. • ::411 148 0 _ A ... ,:,.... L....s. rik sx, . ,r, ../. LILL / ct .. ... , ... .. . a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-671 RESOLUTION APPROVING AGREEMENT WITH HAWKEYE CHAPTER OF THE AMERICAN RED CROSS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated August 11, 2008, to use Veterans Memorial Hall in case of emergency or disaster, by and between the Hawkeye Chapter of the American Red Cross, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this llth day of August, 2008 . OCAOLYiff Reggie Schmitt, Mayor Pro Tem ATTEST: Cc' Nancy Ec t, CMC City Cle IW1 CITY OF WATERLOO , IOWA * Itfe �,.. CITY CLERK AND FINANCE DEPARTMENT r _4(0 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 0,1er100 �0 NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer July 31, 2008 Mayor TIMOTHY J. HURLEY Honorable Tim Hurley, Mayor COUNCIL And Council Members MEMBERS City Hall Waterloo, IA 50703 REGINALD A. SCHMITT Dear Mayor Hurley and Council Members: Ward.1 CAROLYN Attached please find an agreement with American Red Cross to use Veterans Memorial COLE Hall in case of an emergency or disaster. The agreement would allow the Red Cross to Ward 2 use the buildings, grounds and equipment for mass shelter for victims of disasters. The HAROLD Hawkeye Chapter of the American Red Cross agrees to hold us harmless during its use GETTY of the property. Ward 3 The city has approved the agreement with the Red Cross for many years. The Memorial QUENTIN M. Hall Commission reviewed and approved the agreement with the American Red Cross HART Ward 4 at its monthly meeting on Wednesday, July 23, 2008. RON This item has been placed on the council agenda of Monday, August 11, 2008 for your WELPER review and approval. If you have questions prior to Monday's meeting, please feel free Ward 5 to contact my office. BOB GREENWOOD Sincerely, At-Large STEVE c SCHMITT At-Large Nancy Eckert City Clerk Attachment CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer American Red Cross American Emergency Services Red Cross 2530 University Avenue P.O. Box 1680 Hawkeye Chapter Waterloo, Iowa 50704-1680 (319) 234-6831 Fax (319) 234-3668 www.hawkeyechapter.org May 9, 2008 City Clerk& Finance Department ATTN: Nancy Eckert, City Clerk 715 Mulberry Street Waterloo, IA 50703 Dear Ms. Eckert: Please find enclosed two Red Cross Mass Care Shelter Agreement forms. For many years, Veterans Memorial Hall and the American Red Cross have had an agreement regarding the use of the facility as a shelter. We are currently updating our files to secure that longstanding agreement is still there. Please sign and return one of the enclosed forms. The second one is already signed by our Board Chairman and is a copy for your files. Thank you for your willingness to assist the Red Cross with our Disaster Preparedness Plan. If you have any questions, please call Emergency Services Department at 234-6831. Sincerely CdC7-A41L1* Hazel Hurley Assistant Director Emergency Services CITY OF WATERLOO, IOWA COUNCIL RECORD lz1( w) / that communication from City Clerk transmitting agreement with American Red Cross to use Veterans Memorial Hall in case of emergency or disaster, together with recommendation of Memorial Hall Commission, be received, placed on file and "Resolution approving said agreement" , be adopted a d Mayorp Pr Tem authorized to execute same. Ayes: .GzekW/he /,'0 1 Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYESS� NAYS ABSENT ABSTAIN MS. COLE (/ MR. GETTY MR. HART (/ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER .0MR. REGGIE SCHMITT rb 'r1 d 0 �' 'z1 7:i Z P- i r, (A AI„` Pti Pt C� �' r'L7 C) c� o ro 0 CD (D 1` t .� ti t i 0 b � co N 0 DJ PO n rh (D s. ro H ro CI o CD r• 0 I-i (D rt - u• 0 H t' 0 I-•' Q. CD rt 0 0 ti N• ► 4 •.. (D • ;d H H n a. w a fa. CD CD a. W , ( rr ' H z H• H zzhh \ o ?s• 0 'A > H u p 0 ►� H Z H Z w o` 0 H ► o . z 0 a 0 �, ► E z a ► ,� C Pi (D 0 ` 1' `.. ` w 1 ll reI. F l N .� 4, rA O O ,: , r rotk t a mg r ►: This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa . RESOLUTION NO. 2008-672 RESOLUTION APPROVING PROPERTY ACCESS AGREEMENTS FOR PROPERTY GENERALLY LOCATED AT 415 EAST 8TH STREET, 906 FRANKLIN STREET AND 926 FRANKLIN STREET AND DIRECTING EXECUTION OF SAID AGREEMENTS BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Property Access Agreements dated August 11, 2008, for property generally located at 415 East 8th Street, 906 Franklin Street and 926 Franklin Street to perform environmental site assessments as part of the Brownfields Redevelopment Program in the downtown area, by and between Orvis Bert and Juanita L. Vaverka, Terry and Hollace Lichty, and Lee Bainbridge, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 11th day of A gust, 2008 . 1/ Reggie Sc mitt, Mayor Pro Tem ATTEST: Nancy Ec t, CMC City Cler /�_� �� CITY OF WATERLOO , IOWA N41": "'*91 WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION ��°` " 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 °ler100 NOEL ANDERSON • Community Planning&Development Director August 5, 2008 hest/or TIMOTHY J. Honorable Timothy Hurley, Mayor HURLEY City Council Members City Hall Waterloo, Iowa COUNCIL MEMBERS RE: Downtown Petroleum and Hazardous Material Grant—Property Access Agreements REGINALD A. SCHMITT Dear Mayor and Council, Ward 1 Currently,the City of Waterloo, in cooperation with the US EPA is continuing with the CAROLYN Brownfields Redevelopment Program in the downtown area. The intent and purpose of the COLE Brownfields Program is aimed at removing any real or perceived contamination in the older, Ward 2 and often underutilized areas of Waterloo. HAROLD Howard R. Green Company has been retained by the City to assist in assessing the GETTY redevelopment options in the project area, which are generally located between East 7th and Ward 3East 8th Streets, and Mulberry and Franklin Streets, which can be seen through the attached QUENTIN M aerial photo. Representatives from Howard R. Green will be performing the environmental HART site assessments for the City. There are a total of 7 properties that are a part of this project in Ward 4 this particular vicinity, and the City has received 3 signatures back from property owners giving Howard R. Green consent to enter onto their property and complete their RON environmental assessment. The current agreeing properties are: WELPER Word 5 • 415 East 8th Street • 906 Franklin Street BOB • 926 Franklin Street GREENWOOD At-Large Therefore, we would ask that the City Council adopt a resolution and have the Mayor sign the enclosed forms, giving the City and Howard R. Green Company authorization to begin STEVE environmental assessment on the properties of the current consenting property owners. SCHMITT At-Large If you have questions, co s o ems, please feel free to contact our office. Sincer ly, Noel Anderson, Community Planning and Development Director Enclosures ta:NA Cc: Diane Pals, Howard R. Green Company Aric Schroeder, City Planner CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 4 906,Franklin Street • 5776, co • 50 25 0 50 '` Feet - "; 1 In (71 d CITY OF WATERLOO, IOWA COUNCIL RECORD 12. 1A-) d't.) that communication from Community Planning & Development Director transmitting Property Access Agreement for 415 East 8th Street, 906 Franklin Street and 926 Franklin Street to perform environmental site \ ssessments as part of the Brownfields Redevelopment Program in the downtown a ea, be received, placed on file and "Resolution approving said agreement" , ad ted an !vlay9r fro and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY (� MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER G/ -7/ MR. REGGIE SCHMITT // t .\... �Pd T `MMJJ ►�y �.I �n A • w�iti M M M M hi 0 I a CD c 0 o n N• C y H 0 a a 0 `�, .., K.• r. Z H 0 0 0 It0. :� H z y W Z z a fr P vq no il ( - 1� rt ,III h... N 0 ti: a: 1.1Nov a --a ti This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-673 RESOLUTION APPROVING PROPERTY ACCESS AGREEMENTS FOR PROPERTY GENERALLY LOCATED AT 216-222 COMMERCIAL STREET AND PARCEL #8913- 26-205-007 (LOCUS PARTNERSHIP) AND DIRECTING EXECUTION OF SAID AGREEMENTS BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Property Access Agreements dated August 11, 2008, for property generally located at 216-222 Commercial Street and Parcel #8913-26-205-007 (Locus Partnership) to perform environmental site assessments as part of the Brownfields Redevelopment Program in the downtown area, by and between Locus Partnership and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 11th day f Au ust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST : Nancy Ec rt, CMC City Cle Iklogis�y CITY OF WATERLOO , IOWA �T 1 WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 deterl00 \O NOEL ANDERSON • Community Planning&Development Director August 5, 2008 Ivia fly,,I" TIMOTHY I. Honorable Timothy Hurley, Mayor HURLEY City Council Members City Hall Waterloo, Iowa L II- MEMBERS RE: Downtown Petroleum and Hazardous Material Grant—Property Access ` `' < ` ' ` `' ` ' ` Agreements, 216-222 Commercial Street and Parcel#8913-26-205-007, REGINALDI1. Locus Partnership. st Il TT 11i,m11 Dear Mayor and Council, `Rc)LAN Currently,the City of Waterloo, in cooperation with the US EPA is continuing with the OJ Brownfields Redevelopment Program in the downtown area. The intent and purpose of the " `i' Brownfields Program is aimed at removing any real or perceived contamination in the older, ROI u and often underutilized areas of Waterloo. r) t4,,r,1 Howard R. Green Company has been retained by the City to assist in assessing the redevelopment options in the project area, which are generally located between West Mullan ouEy and West 1st Street(Highway 63), and Commercial and Jefferson Streets, which can be seen Lt,AtzT through the attached aerial photo. Representatives from Howard R. Green will be performing ival,14 the environmental site assessments for the City. There are a total of 13 properties that are a part of this project, and currently,the City has received 11 signatures back from property RON owners. The current agreeing and final properties for this area are: :NEt • 216-222 Commercial Street and Parcel#8913-26-205-007 (Locus Partnership). crt' Therefore, we would ask that the City Council adopt a resolution and have the Mayor sign OREENvvDOD the enclosed forms, giving the City and Howard R. Green Company authorization to begin environmental assessment on the properties of the current consenting property owners. L`;.` If you have questions, comments or concerns,please feel free to contact our office. sc I t��iITT Sinc %.------°C/Sloel An on, Community Planning and Development Director Enclosures Cc: Diane Pals, Howard R. Green Company Aric Schroeder, City Planner CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ti ',01,AN , 3 3 ���L 2. Fu �\ y(y-fir` i `l • y�I Syr j'_ ♦ .. rid s • J Iwak .71.11 �r C 4 40' CO S? #4, /\41 s''' ratil9 c Slik \O 1 V r ° ' #41000, N,,,,, ,,,i. Ge Formerly son c� 8914848 off^ \�,�`a , mil" V 218-228-W 2nd <!' ao� -o z�a 204 986 ~Sod cb , S� 224 226 W 2nd 'A, ,... 4. „ dy _,�8 ��� 40.02Jef#ersea ioo w o loo in \ � Kh f; < _ mill 5 CITY OF WATERLOO, IOWA COUNCIL RECORD 13 . //0 that communication from Community Planning & Development Director transmitting Property Access Agreement for 216-222 Commercial Street and Parcel #8913-26-205- 007 (Locus Partnership) to perform environmental site assessments as part of the Brownfields Redevelopment Program in the downtown area, be received, placed on file and "Resolution approving said agreement" , be adopted and Maypr r Tem and City Clerk authorized to execute same. Ayes: 44 , „efe.-4m Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT Dwo 'ti " '� DC• 6i H Oo ( N . O r 4t H a (D rr 0 0 PI H. fD a a m m tl w �'�- l' )4..\. y H O H 0 X 0 N• rr rt) ri •,„, jii o W 0 _•• H Z H M P 5 i - z . 0 i. _O r , ,. .. . le- a 0 .11101, PO (D . a al This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-674 RESOLUTION APPROVING APPLICATION WITH SCOTT AND CONNIE PETERSEN FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $150, 000 . 00 FOR PROPERTY LOCATED AT 1045 FULTON STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Scott and Connie Petersen have submitted an application dated August 5, 2008 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $150, 000 . 00 for property located at 1045 Fulton Street, more fully described as follows : Auditor Rainbows Plat Maywood Second Filing Waterloo Lot 13, Lot 14, Lot 15, all in Block 9, all in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicants are requesting the following exemption schedule: For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by February 1, 2009. Resolution No. 2008-674 Page 2 PASSED AND ADOPTED this llth day of August, 2008 . 46* 411113r. Reggie Schmitt, Mayor Pro Tem ATTEST : r Nancy Ecke , CMC City Cler f%'\ I��, CITY` OF WATERLOO , IOWA r�i/ WATERLOO PLANNING. PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 erf00 ' NOEL ANDERSON • Community Planning&Development Director August 5, 2008 Mayo; Honorable Tim Hurley, Mayor TIMOTHY T. City Council Members HURLEY City Hall Waterloo, Iowa 50703 COUNCIL Dear Mayor and Council: MEMBERS Attached please find a formal application for tax exemptions on improvements made to the REGINALD A. property located at 1045 Fulton Street. Scott& Connie Peterson has submitted the SCHMITT Ward 1 application for the following improvement(s): New single-family home. The sum costs of CAROLYN these improvements were reported to have been$150,000. COLE Ward 2 These improvements qualify for exemptions from taxes on the actual value added to HAROLD GETT1 residential and commercial property under the Consolidated Urban Revitalization Area Plan. Ward 3 The applicant's have selected the ten(10)year partial exemption schedule. The property HART N NI. address is identified below: HART Ward 4 ADDRESS RON 1045 Fulton St, Waterloo, Iowa WELPER Ward 5 LEGAL DESCRIPTION BOB AUDITOR RAINBOWS PLAT MAYWOOD SECOND FILING WL00 LOT 13 LOT 14 LOT 15 ALL IN GREENWOOD BLK 9 At-Large The Planning, Programming, and Zoning Commission staff has reviewed this application STEVE SCHMITT and feels that it does conform to the CURA Plan. We would therefore recommend approval At-Large of this application. Sincerel , Shane Graham Planner II Attachment(s) cc: Noel C. Anderson, Community Planning&Development Director Scott& Connie Peterson, 1045 Fulton St, Waterloo, Iowa CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Black Hawk County Detailed Parcel Report Page 1 of 1 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8912-29-355-022 PETERSEN,SCOTT H PETERSEN,SCOTT H PETERSEN,CONNIE M PETERSEN,CONNIE M PDF No. Map Area Contract Buyer 605 GILBERT ST 7 EWTLO-05 'WATERLOO, IA 50707-0000 Property Address Current Recorded Transfer 1045 FULTON ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50707-0000 5/11/2006 5/19/2006 2006 027722 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number Amount Reason 5/11/2006 8,000 ANY SALE THAT HAS SINCE BEEN SPLIT OR 6/17/2008 WA 03169 2,400 A/C COMBINED/Deed 12/31/2007 WA 04871 0 Plumb/Elec 12/12/2007 WA 04786 138,883 New Dwlg 5/11/2006 WA 1499 8,000 Demo/Rmvl ASSESSED VALUES/CREDITS Year Class 2008 R 100% Value Land Dwelling Building M/E Total Acres 14,040 5,350 0 0 19,390 0 Taxable Land Dwelling Building M/E Total Value 14,040 5,350 0 0 19,390 LEGAL (AUDITOR RAINBOWS PLAT MAYWOOD SECOND FILING WLOO LOT 13 LOT 14 LOT 15 ALL IN BLK 9 I LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 119 119 130 130 0 15470 0.355 Totals: 15470 0.355 DWELLING CHARACTERISTICS Type Style Single-Family/Owner Occupied Unique Year Built Area Heat AC ,Attic 2007 0 Yes Yes None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 0 0 0 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring None None Exterior Walls Interior Finish None None Roof None Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Plumbing 1 Full Bath http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891229355022 08/05/2008 7-, , . . ,-- f City of,, Waterloo 1 - > _ i L ! L., Consolidated Urban Revitalization Area EP _ , I17 , ! i N I Apll `� i 0.5 0.25 0 0.5 Miles •. 1 , ._ _ i . ` ,,\ i N et ?IAlLbI :1 ,) - )\ ``1 iI.i_ �: tl►'( 'iirM7 : 11 116111111 nifilink. • 4=I IM -k4‘111111111... k_siAl ‘••-• RI. -=.--10 -iirriglal_m_ x-, 1111,44.111W #,:. - *s -.7.--Flink- Ira. __, - ....mININ _ •• 1111111MMIllb. MI - 1 - ---r- -I ev lv \.4, 1 I IMN - -f A \ommalli __N- v,��..�i'�i��\+��•������ fi� no -.. •-wkiNsAldirrni4 .........= dr A i 11111111111 k*d ilk A P.. -1140tieL\4104 ,.. - p- ..T r VI) \ ... , ,.... . ,,. .7-11 VAS" ''111 IIM ' I Ilk m \ 'rl 1 - Win vliktO f 1 1 \410 ''.1 ' I \literVall , I h l /274e = CITY OF WATERLOO, IOWA COUNCIL RECORD 14. 04,/ W / that communication from Planner II transmitting request of Scott & Connie Peterson for tax exemptions on improvements totaling $150, 000. 00 for property located at 1045 Fulton Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request" , be adopted a d Cit Clerk instruc ed to notify Black Hawk County Assessor of same. Ayes: '''''*'4 Rest ion adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE v MR. GETTY MR. HART MR. GREENWOOD 1/' MR. STEVE SCHMITT MR. WELPER 47j , MR. REGGIE SCHMITT / l PJ ti !` ► �n .r J x1 'd n xi n CDD N n b O CDD m .C7> �4 �i t=i 0 ro 0 A3 'd n rn (D a bib,. � p ro Hr n O (D N p n (D ct 4j3. u- 0 H 0 it H a m n 0 0 n H. • cp �' y g. G a m c n ia• H Hor H txi Ak O 7s' 0 r• - a �j ";.' >f H D1 0. O It :11 H z y 4 a O r 111 o G` This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-675 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH CARDINAL CONSTRUCTION INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated August 11, 2008, for development of a 14, 400 square foot professional office building in the Country Club Business Center between Tower Park Drive and Fisher Drive, with a new minimum taxable value of $3, 202, 656. 08 including tax rebates for seven years at 100 percent and an 8t4� year at 36 percent for repayment of the land purchase, by and between Cardinal Construction Inc. of Waterloo, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 11th day Au ust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ecke , CMC City Clerk IF_�- I' CITY OF WATERLOO , IOWA 111110.1.111.. PLANNING, PROGRAMMING & ZONING COMMISSION � NC); 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 �er00 N NOEL ANDERSON • Community Planning&Development Director August 6, 2008 Its/or TIMOTHI The Honorable Tim Hurley, Mayor, and City Council Members HURLEY City Hall Waterloo, Iowa 50703 COUNCIL Dear Mayor and Council: MEMBERS The attached Development Agreement outlines the agreement between the City of • REGINALDA. Waterloo and Cardinal Construction Inc. for the development of a 14,400 sq. ft. SCHMITT professional office building, with a new minimum taxable value of $3,202,656.08 on a Ward I 2.48-acre site located in the Country Club Business Center, on Lot 6 between Tower Park and Fisher Drives. The City Council will also be taking action to approve the site CAROLYN plan for this development, which is in a "B-P" Business Park Planned District, "C-P" COLE Planned Commercial, and "R-P" Planned Residence District for zoning. Please see the ward 7 attached Development Agreement. HAROLD GETF The project would receive tax rebates for 7 years at 100% and an 8th year at 36% for the Ward repayment of their land purchase to meet the city policy for a project of this size. The City of Waterloo has come up with this method, due to the private-public partnership for QUENTIN M. the development of this area. With the private investment of Cardinal Construction for HART the development of this business park and its infrastructure, the City of Waterloo does Ward 4 not have to bond funding to create the development area, but instead is working with the f'C private investor to bring development to this area. The tax rebates allow the City of WELTERWaterloo to offer the same incentives as other competing communities. This site is 1,VArd, located within the San Marnan Business Park Tax Increment Finance District. BOB This new office building will be 4th new project to the Country Club Business Center, GREENWOOD joining Liberty Bank, Financial Resource Advisors, and Grainger Inc. The City has also At-Lark recently worked with VGM Companies, CBE, and Cedar Valley Medical Specialists in this area to partner with private developers and companies to develop the Ansborough STEM%E Avenue Interchange area. This project is in accordance with the Business Park Planned SCHMITT District for this area. Therefore, we would ask that the City Council adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute the Development Agreement. If you have any questions or need any additi I information regarding this matter, please contact our office. Si rely, Noel Anderson Community Planning & Development Director Attachment CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Cardina114400.DevAgrmnt/6-Aug-08 Request by Cardinal Construction fo r Site Plan Amendment to the "R-4,R-P" Planned Residence District for the development of a professional office complex k ,, ` ,`' ,4:N ;- �...' F -- • WSan" Marnan Dr - '- r , --,--v-r--f—, . _ . , . I ',,b) `,,l. ,3`_-: , ark <;p; .., _ -fir . 'tom ;'. ,, -;- ." r �. ' F� %c" `C, ;?t'"�a�' '.. ...�-,,.-_ - ".?''.`� :> ";3f ,:`ry - ': ' :;. -, ,- gyp., - .. "_t _-,''' . o ."'_ S, ., .- Y r1• R ., emu , r @n h an, ;'= .a ��,. '-� ..fit=�riF� �4_:-, =€�f,�-r,.;. : $ `# _ 3 .. i t,:,, =a "'- �.::' - - _- - _�,.,.'f" '.,.,ct._ -i +•zi,: - ' `: ,xtt,�.,.--- /' :#= ix.:;? ';g.-:.fs - _ _ - ` - ;, - - .v .x-.z - 0,- ,,_ -,' ,", = -': ram'„ -_ _ r� ;g�x ;�:. .�:�' r �-.r, w�. . ...may;:"{:.. _,:4� ..�„„a_. >� - - x'�*�,e: '" .��:-A' _ - 3:'M1t+, _ .. _k, .y a. F.r'S..€`' rs-G:--dL'��g.1�.`m "aw: ' ..-.f__ • - :[�z afY`tx.r -- .-... -,;,L a _ .`..;,* - _ .'s'-- _i"'iy.�.`_ EY` ' s !`�' � zz _ �y,_ _ V-^" Ai$ �.. ..�� 3�. Yr�-_.#. ...�',-..�`F:. �`�-� ij�y ._'.'r r.-'r �]a v.:,, sF -`". v44- - - " r _ _ i-`, l:' 'it > .L.u-_ - g`:,ks..r,..'. Y x' � - _ '3`x'F�'rG },��tv� - - ,x,;iw -k - - ,. "}, - o- -' - � f'�"r„-v.•'RY e f r -�£�--� = `3"..�A- _ "fix- _ %ra�"_.i - -x %.k- --- - - �" ` ��. , '""-�"."-"''"s-«- .;..- ,:" ,fib' - - _ r--; .Ai k,.s'„or-4:. _ ;„#fib -- •ti',.:�-tom.. ., .;4lieri ?: ' __- a r3', '�"'K::, =-,p.,i ;rE"' .M , 4.i- 5's ' `:is, y ��'=fg. sri.sv - -ue..>ti.3= t+"3 A ; :�_ vim. r' U.S. Hwy-20. ' '' ;- -;� 't �` --%,=- '<,, - _ _,:.,,.:-:. . .z=;Y'`; 7s� ty--A--.- - c am - - - = ` r r - L _ N 400 200 0 40U s r.: _ - _ _ __ s - , • • . k‘r..1,.. $ ,--4 k,CN g L.1 ccN (---- ' I',, / ; -- i /\.) ...,•,,,‘" ",.:-,:::.."':-- •f." i"•-..--..... ..,_ , ../ .., l• ,' ../- ' ,,...47) i : Ts,.-.:- ,". ' I :--:__,,,,, : •: ..., 1 ,-.-.. ... . ,,,,..,,,- ,,••.,' i '.-' I • , 1 I . . I , -.... ( t tar_7___...,•-- _0=.,..,. ,...,:, ,_ tie*. m , ;,- ,...„ : p.....7 , , .., , hi 1 , . ... 1.,r,trt. 44:t ,, 41. , ,ii::„._.._..-y- _ t.__,„..„ 0 --gitori,,, '77'''3 - ',, ,. --:-\:....' tili I.:1111 / , .‘,. ,.. - _ `•„_,— _ ft•A-, , _ *„,_.:.-i''-'. i \ '440- , 1 -''''''' - , ..„,,,,,_-„.7. ;-4..N-'-',-....f",' / -' , f ; - - ;- --.--i`l-.:--.74-7.. -'-' ',,'..- _'...--/ ) -. ''' '1,...--- ,--f--z . , __ .. . . - ... -- , ''X . ' .---- , - .' ''\ 7,, ,--1 '''I/ ---:, .liff - - .=„ /:,./„,,T, ---'..„--; _ ;(..// 4 \ „Vf' „eN.„:0O /-i p.,..•,; 7 ,. -- ---- - - • ZZ , DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2008, by and between Cardinal Construction Inc. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the San Marnan urban renewal area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase of Property. Company is purchasing the real property described on Exhibit "A" attached hereto (the "Property"). The purchase price for the Property is $918,244.00 (the "Purchase Price"). Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. 2. Improvements by Company. Company shall construct on the Property a building consisting of approximately 14,400 square feet, and related landscape and parking (the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances. It is contemplated that the taxable value of the land and building upon completion will be approximately $3,200,000. 3. Timeliness of Construction. Company must substantially complete construction of the Improvements by January 1, 2010. If Company has not obtained a building permit and begun in good faith the construction of the Improvements upon the Property by December 1 , 2008, this Agreement may be cancelled at the sole option of City. If construction has not begun by December 1, 2008, but the development of the project is still imminent, the City Council may, but shall not be required to, grant an extension of time for the construction of the Improvements. If construction has commenced by December 1, 2008 and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be substantially completed by January 1, 2010 shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension this Agreement shall be cancelled at the sole option of City. If construction is not substantially completed by January 1, 2010, then the parties agree to execute an amendment to this Agreement and to the Minimum Assessment Agreement to extend the date specified in Section 4 below and the dates specified in corresponding provisions of the Minimum Assessment Agreement. 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to January 1, 2025, it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of$3,202,656.08 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth in paragraphs 1, 2 and 3 and has executed the Minimum Assessment Agreement as set forth in paragraph 4, the City agrees to rebate property taxes (with the exceptions noted below) as follows: a. Year One - 100% rebate b. Year Two - 100% rebate c. Year Three - 100% rebate d. Year Four - 100% rebate e. Year Five - 100% rebate f. Year Six - 100% rebate g. Year Seven - 100% rebate h. Year Eight - 36% rebate for any taxable value over the January 1, 2008 value (calculated by a breakdown in total 2008 value of $6,410 and set at $2,656.08). Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This 2 rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 8. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 3 (b) if to Company, to Cardinal Construction Inc. , facsimile: attention: Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 9. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 10. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 11 . Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 12. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, legal representatives, and future owners of the Property. 13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 14. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire 4 agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 15. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first set forth above. CITY OF WATERLOO, IOWA CARDINAL CONSTRUCTION INC. By: By: Timothy J. Hurley, Mayor By: Title: Attest: Nancy Eckert, City Clerk 5 EXHIBIT "A" Legal Description of Property to be Improved Lot 1, Country Club Business Center Third Addition, City of Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2008, by and among the CITY OF WATERLOO, IOWA ("City"), CARDINAL CONSTRUCTION INC. ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the San Marnan urban renewal area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $3,202,656.08 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before January 1, 2010. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2024. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2025. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA By: Timothy J. Hurley, Mayor ATTEST: By: Nancy Eckert, City Clerk CARDINAL CONSTRUCTION INC. By: By: Title: STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Timothy J. Hurley and Nancy Eckert, to me personally known, who being duly sworn, did say that they are the Mayor and City 2 Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2008 by as of Cardinal Construction Inc. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Three Million Two Hundred Two Thousand Six Hundred Fifty Six Dollars and Eight Cents ($3,202,656.08) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2008 by , Assessor for Black Hawk County, Iowa. Notary Public / 10 CITY OF WATERLOO, IOWA COUNCIL RECORD 15. ' Vgr "v / �o that communication from Community Planning & Development Director transmitting Development Agreement with Cardinal Construction Inc. for development of 14,400 sq. ft. professional office building in Country Club Business Center between Tower Park and Fisher Drive with a new minimum taxable value of $3,202,656.08, including tax rebates for seven years at 100 percent and an 8th year at 36 percent for repayment of their land purchase, be received, placed on file, and "Resolution approving said agreement" , be adopted and Mayor P T andnCi y Clerk authorized to execute the same. Ayes: ,t h Rrlution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN • MS . COLE MR. GETTY MR. HART Z/ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ) .:,... Pr 0 H. (D K V 0 (D (D . , ic: tor tzi tri 0 V tzi Pd m N 0 w 'CI H M el I- V H 1 V n o (D w o n (D rr H. ( *: _ ►� o H r 0 4k H a 0 cr o 0 Pi i 0 x H H a c� n ' ► 1-3H n o rr Ft,' •-lit-R 4- 6 Z lA o 1 IP w" a H Z H k o H o r Z o it Z;i','�a — pi z op/ :- ' . CD j 11411%, 't7 ri T' C7 i� ► r:, tsi ..--... .§. o 0 - .S- 4 I f This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-676 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH CARDINAL CONSTRUCTION INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated August 11, 2008, for development of a 5, 300 square foot professional office building and a 3, 840 square foot professional office building in the Country Club Business Center between Tower Park Drive and Fisher Drive, with a new minimum taxable value of $2, 301, 724 . 30 including tax rebates for seven years at 100 percent and an 8tn year at 80 percent for repayment of the land purchase, by and between Cardinal Construction Inc. of Waterloo, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this llth day of gust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Eck t, CMC City Cler /,,_I CITY OF WATERLOO , IOWA / WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION Lµv ... �co, 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 afPr(p0 'O NOEL ANDERSON • Community Planning&DeveIopment Director August 6, 2008 Y1ra uor TIMOTH The Honorable Tim Hurley, Mayor, HURLEY and City Council Members City Hall Waterloo, Iowa 50703 COUNCIL Dear Mayor and Council: MEMBERS The attached Development Agreement outlines the agreement between the City of REGINALDA. Waterloo and Cardinal Construction Inc. for the development of two professional office SCHMITT buildings, a 5,300 sq. ft. building and a 3,840 sq. ft. building, with a new minimum iva"t 1 taxable value of $2,301,724.30 on a 1.89-acre site located in the Country Club Business Center, on Lot 6 between Tower Park and Fisher Drives. The City Council will also be CAROL'iN taking action to approve the site plan for this development, which is in a "B-P" Business COLS v�ra, Park Planned District, "C-P" Planned Commercial, and "R-P" Planned Residence District for zoning. Please see the attached Development Agreement. HAROLD GETTY The project would receive tax rebates for 7 years at 100% and an 8th year at 80% for the ward 3 repayment of their land purchase to meet the city policy for a project of this size. The City of Waterloo has come up with this method, due to the private-public partnership for QUENTIN M. the development of this area. With the private investment of Cardinal Construction for HART the development of this business park and its infrastructure, the City of Waterloo does iva,1 4not have to bond funding to create the development area, but instead is working with the RON private investor to bring development to this area. The tax rebates allow the City of WEEPER Waterloo to offer the same incentives as other competing communities. This site is IUtrrd 5 located within the San Marnan Business Park Tax Increment Finance District. BOB This new office building will be 5th new project to the Country Club Business Center, GREENWOOD joining a spec office building by Cardinal, Liberty Bank, Financial Resource Advisors, At-Large and Grainger Inc. The City has also recently worked with VGM Companies, CBE, and STEVE Cedar Valley Medical Specialists in this area to partner with private developers and SCHVIITT companies to develop the Ansborough Avenue Interchange area. This project is in at t a,, accordance with the Business Park Planned District for this area. Therefore, we would ask that the City Council adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute the Development Agreement. If you have any questions or need any additional information regarding this matter, please contact our office. Sinceety, Noel Anderson r. Community Planning & Development Director Attachment CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Cardinal9000.DevAgrmnt/6-Aug-08 ` ,lr'a ; .: ..1 _14: F: -T. F. 4 *14 = = '1V inillinWein t11 Request by Cardinal Construction for Site Plan 11 Amendment to the "R-4,R-P" Planned Residence District I for the development of a professional office complex s � : # � ...•.•,. „,„-+ , , - ,,,,,,...7,44, „-4,„ , ,,•..1„,.., ,••••••, -, ,..„.,„ ..•••. . .,, ,,,..A., „-,,,,z;:„-,;., 4_2',..',„W. kir k . z„ .,.. ,...1-- 'I. -rt.- -- - .-owie -1P4,- -- r kr ' --*---1 12,--4, ,.4,„,:, t's. .trAL.‹;'N "I. A...-'-i ' ," ri.4.- '41t="4: c -- .. 1.--4,;-',---1".,0'1,----t" k;-----...tc-‘4.4 -] ",, f , ail., 4=-' ,,i,_ ;,, 14.-: :_,; :,, _, s-D . --, - 1.1'.4, ..) ,',-.1.7.' 1 , 4';--7M-4","4, -''' ,,,,, ' -1-,-.'"Ite.liiiliAt 1 44. , ,4,,tai.-- .1-., ' , _ lZ,i jam;'iii W San Marnan Dr, / ''' vim, 2.214`er Park Dr '. � _.. rf } FS a' t he1-0 I ' �\�� US: Hwy 20 , _ 3 t " - 'ate r _ : 1,,t7.- , (7 s -,_ Via,- ' r- 400 200 0 .�.. Wit:.." -- .--„ - .;,., _.k`- t_. `.-<:i -1 i . , i th ‘..0 g i g • et) ( \-, : ..,..,. f CN ...s. N) ,/,' '-„----fk7-1)-V-Vi-------- - ---/ 1 - -,..:' f / 1/ /I / / 1'7'.•.q,..',i'',0z,,,,,,. ..-.,:.,.:'. -_,-„---,.. - . L"' :,:i? s. /1/>::: ',::..7r1:-.''''''-7-7-'-7-4:-:',.- .-ri.''''.'''''''''':::' ,T.) 1-5-'s i ic"4, / , , / „7 ',----.--„,..:::--.-,i .i..,,,..,,-...4, i:-. ,- • ---- 3 / ,.. ' .,/, .., ---„_.4....f? -- •,----.-.-.2-- II '.. ._, 1 1 1 1 ( ii ii i I -------r._, ,-4 ,,_ • , t II 4-• 1, .• - •-—-"iptitsstA„.,,, (41 ' .1! :.i i,• -,. - '--_,-;-. • -: Mei ri '-- •-•-•-,,-, ' it-'' ;•-•,.:•;•-•••"••,..;•*•-•-•;•,'" •:: . I 4.,:..•• _ i - , , 1 ,""ii'i . • ,. •- -' . ', -..-i -s. Alb( -'-•-f,--''4"! -a-.1$ • '. c' "\‘•-------*---L•'_:',-'*__-::::-,--!::::•:- ''''*'-'6--. -----'," ,•,...;,r. -12-7,-:•:-,--.—ji •,:•• ,,•.- -V \ 0-''i V••••., .:•;,"!''''-'.-1*::::;•",.:',4•,•,--..„,:'-:i' ''''' '4- % fil. -,,,i-:'..- '•••••'--7-7.M.-- -.., --,_._ fr-At: i , -, .- - , '! VA''- ' ' -•,;...,:,- ---'Y...--7\‘..,„ ,„:,-.' .t.;. 4-',-4-. ..'- -. .,*..,,--.-.„ ,e-AL /,,,,,'1,X..,',S,_:::::„.4,,o: :,-, i t ', .:' -:: --.-:,-.'--- ,"-'.-".- ''- ....--i -:•',-?.?i: . ,; !, 1,-„f.-t-2,I.--5',,-.i,r:----,- ____-,-_-_-_- ' ,,,-..,-.) /,..J: :'-,i ..-. \s_:lf--,-`' „-.„:-------- I:17) /,''' , -,--''T\ :, i Se ! ".--;---..---=--- -:-~'' -'-'1 / - — , ,. )___ —.--„,— ,— '----- '- ----.. - ' - - -- -f -•.",:'F'': ' --- - - ,•••..7-.-:- ;cte. ;,,,'',,,'' -''• ••411164.4.14.41111! i I •-•. ; NAI a 4 ci ', IP. i ...•,,,i .. . . . . .. ....... ,. ,.,,, .. .....,..,..._ . . . ,,, ,...,...._. .. .. ,.. . ... ... .. . . .. .. . . . .. ... . . . . ,. . . ' .,....„ . ..,, ..._. ... ..: .... • . L ZZ . _ . DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2008, by and between Cardinal Construction Inc. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the San Marnan urban renewal area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1 . Purchase of Property. Company is purchasing the real property described on Exhibit "A" attached hereto (the "Property"). The purchase price for the Property is $699,791.00 (the "Purchase Price"). Company shall take all steps necessary or advisable to complete the purchase of the Property and to obtain marketable title thereto as promptly as possible. 2. Improvements by Company. Company shall construct on the Property two buildings consisting of approximately 5,300 square feet and 3,840 square feet, and related landscape and parking (the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances. It is contemplated that the taxable value of the land and building upon completion will be approximately $2,300,000. 3. Timeliness of Construction. Company must substantially complete construction of the Improvements by January 1, 2010. If Company has not obtained a building permit and begun in good faith the construction of the Improvements upon the Property by December 1, 2008, this Agreement may be cancelled at the sole option of City. If construction has not begun by December 1, 2008, but the development of the project is still imminent, the City Council may, but shall not be required to, grant an extension of time for the construction of the Improvements. If construction has commenced by December 1, 2008 and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be substantially completed by January 1, 2010 shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension this Agreement shall be cancelled at the sole option of City. If construction is not substantially completed by January 1, 2010, then the parties agree to execute an amendment to this Agreement and to the Minimum Assessment Agreement to extend the date specified in Section 4 below and the dates specified in corresponding provisions of the Minimum Assessment Agreement. 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to January 1, 2025, it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $2,301,724.30 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth in paragraphs 1, 2 and 3 and has executed the Minimum Assessment Agreement as set forth in paragraph 4, the City agrees to rebate property taxes (with the exceptions noted below) as follows: a. Year One - 100% rebate b. Year Two - 100% rebate c. Year Three - 100% rebate d. Year Four - 100% rebate e. Year Five - 100% rebate f. Year Six - 100% rebate g. Year Seven - 100% rebate h. Year Eight - 80% rebate for any taxable value over the January 1, 2008 value (calculated by a breakdown in total 2008 value of $6,410 and set at $1,724.30). Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This 2 rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. 6. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 8. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 3 (b) if to Company, to Cardinal Construction Inc, facsimile: attention: Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 9. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 10. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 11. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 12. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, legal representatives, and future owners of the Property. 13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 14. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire 4 agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 15. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first set forth above. CITY OF WATERLOO, IOWA CARDINAL CONSTRUCTION INC. By: By: Timothy J. Hurley, Mayor By: Title: Attest: Nancy Eckert, City Clerk 5 EXHIBIT "A" Legal Description of Property to be Improved Lot 2, Country Club Business Center Third Addition, City of Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2008, by and among the CITY OF WATERLOO, IOWA ("City"), CARDINAL CONSTRUCTION INC. ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the San Marnan urban renewal area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1 . Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $2,301,724.30 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before January 1, 2010. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2024. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2025. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA By: Timothy J. Hurley, Mayor ATTEST: By: Nancy Eckert, City Clerk CARDINAL CONSTRUCTION INC. By: By: Title: STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Timothy J. Hurley and Nancy Eckert, to me personally known, who being duly sworn, did say that they are the Mayor and City 2 Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2008 by as of Cardinal Construction Inc. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Million Three Hundred One Thousand Seven Hundred Twenty Four Dollars and Thirty Cents ($2,301,724.30) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2008 by , Assessor for Black Hawk County, Iowa. Notary Public 79 746 CITY OF WATERLOO, IOWA COUNCIL RECORD 16. (e) that communication from Community Planning & Development Director transmitting Development Agreement with Cardinal Construction Inc. for development of 5, 300 sq. ft. and 3, 840 sq. ft. office buildings in the Country Club Business Center between Tower Park and Fisher Drive with a new minimum taxable value of $2, 301, 724 .30, including tax rebates for seven years at 100 percent and an 8th year at 80 percent for repayment of their land purchase, be received, placed on file, and "Resolution approving said agreement" , be a pted and Mayor Pro Tem and City Clerk authorized to execute the same. Ayes: ,'1,/ , Rp olption adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY (/ MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT '� CD Pzi (D II ro 0 m (D ., '''� cn '` 'O � � o b � m H 0 N 'd n M (D `,.. ,.r- CIA ro H ro n o CD r• 0 n (D ct L. ; • ', O H t" O u ►� a CD rr 0 (1 II N• ` C (D ,. xi H H o a a) C ►i o - -4. n ot H H n w a a) CD p, d 's i 4. Z H H tzi Z I�r w ' H Z ► 0 H 0 0 M ,�,`, H Z H Z lA ► 0 H 0 !© *�' p� ► Z O 0 alb. ' . f.-M ' s a .► 7:-.J r t ir: 4 1:::K itt. .- - b P 'INC 4 0 I t n *s L ! ` 4' 111 rtl . ---. t ....... t This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-677 RESOLUTION GRANTING VARIANCE TO THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE IN SECTION 2 . 3 (1) FINAL PLAT SUBMITTAL, FOR PRELIMINARY AND FINAL PLAT OF GREENBELT CENTRE NO. 3 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the variance to the requirements of the Subdivision Ordinance in Section 2 . 3 (1) Final Plat Submittal, for Preliminary and Final Plat of Greenbelt Centre No. 3, be and the same is hereby approved. PASSED AND ADOPTED this llth day of August, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ecke CMC City Clerk 4,410, Ii�. CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION oyam 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 �er100 " NOEL ANDERSON • Community Planning&Development Director August 5,2008 Mayo, Honorable Tim Hurley,Mayor TIMOTHY City Council Members City Hall, Waterloo,Iowa HURLEY RE: Preliminary and Final Plat of Greenbelt Centre Plat No.3 COUNCIL Dear Mayor and Council: MEMBERS ` ` ` `` ` ` `Transmitted herewith is the request by VJ Engineering for the Preliminary and Final Plat of Greenbelt Centre Plat REGINALD;A. No. 3, located along an extension of Athens Drive,east of Greyhound Drive and south of West Ridgeway Avenue. SCH)\IIT'T Please find attached the following documents: G'ar,1 1 ° Staff report CAROLYN Aerial photograph of the area COLE ° Preliminary and Final Plats Ward 2 ° Owner's Statement of Restrictions and Legal Description ° Report of the City Engineer f zr At the August 5,2008 regular meeting,the Planning and Zoning Commission unanimously recommended approval of the Preliminary and Final Plat. QUENTIN M. HART The plat consists of 5.0 acres of land,with 4-lots,to be eventually developed into a professional office park. Within the TV H 4 past year,portions of Athens Drive have been platted in previous plat requests,however,no portion of the road has been paved yet. Portions of the plat are located in the 100-year and 500-year floodplains, as well as other portions of the plat RON not being located within a floodplain. Any new development proposed to be constructed in the 100-year floodplain will T-C C have to adhere to the minimum floodplain standards.Engineering has requested that the 25' easement along the west i" :r property line of Lot 4 abutting Greyhound Drive be increased from 25' to 30' to allow for enough room if a trench is needed to be dug for maintenance on the sanitary sewer,due to its depth. The plat is in accordance with the Subdivision BL'B Ordinance and can be serviced by extensions of existing utilities, and would appear to provide for the orderly GREENWOOD development of area, and add additional commercial services and jobs to Waterloo. Due to staff requesting approval of At-Li' both the Preliminary and Final Plat at the same hearing,the City Council will need to approve a variance to the STEVE requirements of the Subdivision Ordinance in Section 2.3 (1). SCHMITT It Lar, Therefore,we would ask that the City Council adopt a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal,and approve the Preliminary and Final Plat of Greenbelt Centre Plat No.3. Should you have any questions,please do not hesitate to contact our office. Sincerely, Aric A. Schroeder, City Planner ta:AS Attachments cc: Noel Anderson,Community Planning and Development Director CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 51 August 5,2008 REQUEST: REQUEST FOR THE PRELIMINARY AND FINAL PLAT OF GREENBELT CENTRE NO. 3 APPLICANT(S): VJ Engineering on the behalf of Deer Creek Development LLC, 1501 Technology Parkway, Cedar Falls, 50613. GENERAL The request is for the Preliminary and Final plats of Greenbelt DESCRIPTION: Centre No.3, generally located along an extension of Athens Drive east of Greyhound Drive south of West Ridgeway Avenue for the development of a 4-lot business park. SURROUNDING The request would not appear to have a negative impact on LAND USES AND the surrounding area, and the plat would promote additional IMPACT ON development in the area that will be consistent to already NEIGHBORHOOD: existing light-industrial development on the east side of Highway 63. North — 2015 West Ridgeway Avenue, Denso International, zoned "M-2,P" Planned Industrial District, and Katoski Greenbelt zoned "A-1"Agricultural District. South —Vacant development ground zoned "B-P" Business Park East— Highway 63 and existing light industrial development along Marnie Avenue zoned "M-1" Light Industrial District West—Vacant development ground zoned "B-P" Business Park. VEHICULAR & Lot 1 and Lot 4 will not have direct access to Greyhound PEDESTRIAN Drive, except as approved by the City of Waterloo. Lots 1 and TRAFFIC 2 are proposed to have a common shared access to W. CONDITIONS: Ridgeway Avenue after construction of a fifth center left turn lane on W. Ridgeway Avenue with common access located on the common lot line of Lots 1 and 2; as approved by the City of Waterloo. Engineering has noted that access to W. Ridgeway Avenue from these lots will only be allowed if a 5- lane concept is constructed. Currently, there are no pedestrian sidewalks serving the site. However, it is written in the deed of dedication that sidewalk will be extended along the north side of Athens Drive. RELATIONSHIP TO The Sergeant Road Trail is located to the east of the plat, RECREATIONAL running along the west side of the Highway 63 right-of-way. TRAIL PLAN: ZONING HISTORY The proposed plat and surrounding area to the south and west FOR SITE AND was rezoned from "M-2,P" Planned Industrial District to "B-P" IMMEDIATE VICINITY: Business Park by the Planning and Zoning Commission on February 5, 2008, with the City Council approving the request on March 3, 2008 to allow for the development of a business park with professional office, commercial and light-industrial uses. Greenbelt Centre No.3 —8.5.08 Page 1 of 3 52 August 5,2008 BUFFERS There appears to be no need for additional screening and REQUIRED/ NEEDED: buffering of the plat from surrounding land uses. DRAINAGE: The proposed plat ranges from 867' to 861' in elevation, sloping from northwest to southeast, with the storm water runoff channeling into the ditch running parallel to Highway 63. Future developments within the plat will also need to provide storm water ponds as well. DEVELOPMENT In recent years, this particular area has seen additional HISTORY: interest from potential developers, with Mauer Eye Center and Divine Spa having begun work on a new 25,000 square foot building at the southwest corner of West Ridgeway Avenue and Cyclone Drive, and there are plans to construct a 45,000 square foot Gold's gym directly to the south of that building as additional development occurs in the area. Also recently Craft Cochran was approved to build a 17,000 square foot building at the southwest corner of Cyclone Drive and Highway 63 directly to the south and east of the plat. FLOODPLAIN: Portions of the property are located within the Zone A, 100 Year floodplain, while portions are located in the Zone B, 500 Year Flood Plain and Zone C, which is not a Special Flood Plain Hazard Area, according to the Federal Insurance Administration's Flood Insurance Rate Map No. 190025 0015. PUBLIC /OPEN There are no immediate schools located in the near vicinity of SPACES/ SCHOOLS: the plat. However, with the close proximity of the Black Hawk Creek and the Katoski Greenbelt, the greenbelt can coincide with anticipated development in the area by providing for additional green space and creating a more natural setting for commercial and office development. UTILITIES: WATER, The proposed plat will be served by the extensions of existing SANITARY SEWER, water, gas, electric, sanitary sewer, and storm sewer in the STORM SEWER, ETC. area. RELATIONSHIP TO The proposed plat is in conformance with the Future Land Use COMPREHENSIVE Map for this area, which designates it as Industrial, which LAND USE PLAN: allows for professional offices, commercial and compatible light industrial development. STAFF ANALYSIS — The Preliminary and Final Plat consists of 4 lots, containing ZONING 5.0 acres of land, which is located primarily near the ORDINANCE: intersection of Highway 63 and Greyhound Drive, in between West Ridgeway Avenue and Highway 20. Within the past year, portions of Athens Drive has been platted in previous plat requests, however, has not been paved at this time. Athens Drive right-of-way will be dedicated as a part of this plat request, which will be 60', and a road width of 31' will be paved. As further development occurs within the business park, Athens Drive will be extended to the east, connecting to Greenbelt Centre No.3 —8.5.08 Page 2 of 3 53 August 5,2008 Titan Trail. Proposed sanitary sewer is shown on the Preliminary Plat within Athens Drive, which will serve all 4 lots. Proposed water is also located on the west side of Lots 1 and 4, running parallel along Greyhound Drive, and Water Works has indicated they need to see plans before any water main extension can occur. 15' utility easements are shown along the frontages of all lots within the subdivision, and the applicant has noted that they will reduce the easement along the east lot line of Lot 3 to 10'. Engineering has also requested that the 25' easement along the west property line of Lot 4 abutting Greyhound Drive be increase from 25' to 30' to allow enough room if a trench is needed to be dug for maintenance on the sanitary sewer, due to its depth. Storm water intakes are shown near the intersection of Athens and Greyhound Drive. There are no new fire hydrant locations shown on the Preliminary Plat. STAFF ANALYSIS — The Subdivision Ordinance requires that Preliminary and Final SUBDIVISION Plat submissions include such criteria such as boundaries of ORDINANCE: property, proposed streets, easements, and widths of right-of- way, contours, and utility locations, all of which are provided on both the Preliminary and Final Plats. STAFF Therefore, staff recommends that the Preliminary and Final RECOMMENDATION: Plats of Greenbelt Centre No. 3 be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by the extension of existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Industrial, which allows for professional offices, commercial and compatible light industrial. 3. The plat will create an additional infill development site in the Primary Growth Area. Greenbelt Centre No.3 —8.5.08 Page 3 of 3 Request by Deer Creek Development, LLC for Preliminary t & Final Plat of Greenbelt Centre Plat No. 3 Located South il of W Ridgeway Avenue Along Extended Athens Drive Iffr v, W Ridgeway Ave P 1 • 1 I Lots Proposed to be Platted H Athens Dr ` i .. ,,. / , , )4'1-- , ., .. _., . .„ .. . .. ,,„,,,,,,,,, .,,_.,. ,,,,,,„ , 4.„ •,.., ..„.,,,,,,„....,,,,,,...,, ... ,... ,,,,,,,,,., . ,x; .... „.,,.,...,.., ' „._. , , , , „, :„ ......_ ..„ -,, ,.. „.., „i, ,, ..,.., , _ ., ,, ,, ,,,- ...,. 0 ,.,. . , „. ., , ; . , n ,., .„ , .... ..,..,.._.„,.., ..,, . .,,, \l ,.. , , .z.- .. ,,, ,_ s . , _.. N +: 400 200 0 400 d Feet I U -i 4 in GZ1, DEER CREEK DEVELOPMENT!L L C NO — -i-C — I-_._ 643 GRIFFITN RD A OgG.p O i z O WATERLOO,IA 50701 < F C7 p ZONING:B-P m y, m M i m _ 1112:h O Or — E 1/2,NW FRL.1/4 SEC.6E8-13 1+ 'n W.LINE OF W,YL,NE FM.1/4,SEC 6E8-13 W 1/2,NE FRL.1/4 SEC.688-13 F (,ZL'Z89tI.5L'Z89t a mb m F DEER CREEK DEVELOPMENT L L C C' MI.t>(SEEN 9 i I q.ump O 643 GNFFITH PO 9 DEER CREEK OEVELOPMEM L L C raWATERLOO,IA 5070, 643 GRIFFITH RD II O WATERLOO,IA 5070, E � ZONING:BP ZONING:B-P ' - a a PRO WATER _ nI PRO WATER u� I CRCYI IOUND D' PROG�-- n�--- PRO ELEC / �� I `��_�. .r+iT�i iic_ •— . ..mac--�' -- �.m��, �I 4 msa.e2.60N .o- ;A\4; _ saa2.66 7' aPRO SA r -- !, 1 lfll Ll 1 EASE R I 3C'f17LITV EASEMENT , p0I 11. Sri '1 g �� I I �G �Q � gm _ �I I. . 0 P3 Z Z11 , . Ilk 1 ,I',1, M o .SZZLZ 6 0E OS L;4.os�°>�O bbI o I • AA oNC s � I `' m� �o N 0 � 10'UILITYEAEMENT - Zm 3.9a92.005 1 I 0 D[ _, IASEET NI u �N I ,I o -1 N xi a o I I Iv Ro II..3.9VA2.00S - y _ szzee >. RN 0 oh II_ O7311 3.94438.00S u A G 9p D4 i I,ot 11' g ..„ ll Pz o ;bP D I II Z8 �> I + IC 6IR — 3ea -t- II RCI., o m iI r ap II W II 11" 1 II MI J I o ff w ,'Z ;;71 "WgyZ 9,rm>DnppgDy r' 'om !O Z80 g .vilMOAo.ri g!. r^I if p�[• pZD�{Ai0 Og'D . $o8D;,11A1 DDm/„ 0 $ i £D ROlk1" N4'! RP: PE Z mrmZ O48 O P4 oA bil SO� Qz� z Z $ i1 ZZ 77 DDZ ,1 5 4 w y Z Z D-F'A Z rill: g m mzL' .uO- O. m rP ;; Y�gSm-� IIII=- o � �m?y �`?i`m�'ou"m,�R°Yo`nyyl -'� BZipO®d1X 'ya$$®�e O maz ym,„. ..,,,i4 „ f Q® 88 0 ��o c1��Hm�oo aII I IIIII.. m i g AmmDu. ' hIQS2S! RSZRC! RS2SlS! SZSlSlS2R y $ `P -I� ,giDoSpp5 D I liblidkil > 73 iz A' 4 .0 0; / lika -. 4 11 CO PRELIMINARY PLAT VJ Engineering 7 draw by u a I GREENBELT CENTRE PLAT No.3 1501 Technology Parkway bi -' WATERLOO.IA Cedar Falls,Iowa - 319-266-5829 appoowd M Ira MINIM aNe f 56 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name(please print): Deer Creek Development L.L.C. Address: 643 Griffith Rd Phone: 319-269-4081 City: Waterloo State: IA Zip: 50701 b. Status of Applicant: (a)Owner X (b)Other (CHECK ONE): If Other explain: c. Property Owner's Name if different than above(please print): Address: Phone: City: State: Zip: 2. PROPERTY INFORMATION: a. General Location of Property: Southeast corner intersection of W.Ridgeway Ave. & Greyhound Drive. b. Area of Proposed Plat: 7.022 Acres c. Zoning District(s): B-P;Business Park 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication b. Overall Street Plan(if applicable) c. Six(6)copies of the Preliminary Plat which are in conformance with Section 5.1 of the Subdivision Ordinance No.2997 d. Four(4)copies of Preliminary Deed of Dedication 4. IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No X b. If yes specify why and for what for? c. Costs(estimated): Total Cost City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ TOTAL $ $ The Request Fee of$100+$10 per lot(payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. i D°A. i eD.pi_ 7�aa-o8 Signature of Applicant Date Signature of Owner Date 1y k,,�",`¢'^ tc /'7an ari D i Gy Z %( q� m T Z m � 0 Am I`— — _ E 1/2,NW FRL.1/4 SEC.6-08-13 — T R W.LINE_OF W 1/2.NE FRL.1/4,SEC.e-e&13_ — �� It'll W 1/2,NE FRL.1/4 SEC.6-88-13 "'m 6ZL'Z891)00 088 t 1 Pi! Gy Sm M.tb9Z.00N I I mp4'O 9<9 ZE £�wz p I I z A I I $� " m II n II N CREYI IOUND DRIVE II II II I .bt'9L8 �� 9t'E99 M.9V,HZ.00N I 1 ,SZ'ZLZ ,t8'OEE M.96,9Z.00N M.9P.9Z.00N 0 M.9V,9Z,OON p l I 0"Sb[ F 16'UTILITY EASEMENT $.9'.9Z.00S Th p hp r 30'UTILITY EASEMENT 1 o b I I FA z I I M9a I OAm I II �m GO'cn'�.' m �w I z ,w om !y 11 ygC'V " go PC Io n Zi 2I �- TS— i � A RAP r 4 w G� m ✓I L 3 ! z * pl C) Imo, S3i1 NA 1 Im A n p I I! ) P m g 0 .SZ'ZLZ 0 SENSE I m Q o w 39V.9Z.00S ?N A I 39V.9Z.00S 0 m C m I F. $ I ?off cmm AA I m wI Z RX' wpoZ �o I Z z r,1�■ < m I WE mI �w yA OO D; �IZ ,m C* g AE 8o DC Ig w �gI U CCjflil e.,1 I ` m �� `— Q Q�w3 I V �� I , f � I ii Z X 0 Z _ 7 D'UTILITY EASEMENT_ !II NIo r m D ��(( I .r1-- Na ^ 'QY OZ 39V.8Z.00S x N i ii O 0 Z 1 L _10.UTILITY EASEMENT 1 g - =z I ; = I 0 —I 9 grm 39b OS y q I i V,I 3.ohoz00S G 7 4§I g \FI w 0 yq y� to tL ��'�' A t I 112 !! • y�` GyO�m I I II FS � ,. I I £° Z ii A I I I O II W II �! I I lb 1 1 J�11r/1 2,Zn . 1!c +•pi �O e1 rye t O F. wn WyyZ Nmme�m�m DZma'OODDi r Dp ��p c yn O N m mono"CCZ>S /mom p� IMF- O-m_ip�lmO� n�0 �ANApOOm24"IAti V/ r� c AZZmOZA;m m Ooop sT,{�,ZZZ. 1mD " { O y Ll 1 A 41 A m(n �Z p m p�^�m O-x A A D 0]w �� �✓�= <CONOZDON" w�Ooo FrZ'i��^<�Z 4IFp 0 f •+ 1 Oind Cx Axxw DmmT O _ Il rp.gyp-amn2 mO p71;°�Om`O-Di ti rift OZ\�-� y V 02 O-z-am mm-mN Owm_1 x mi'mgA yymOOm- <p�p6^v,xp IL A DyZotn�^ mOoxmmUpgti<oO>Omm —I p m0CLp ZII11m��m 3:,Y,E1�i Om C 81 .1 f S ON{P�lSm�jl Ail, ul T,J r rIp;19m1- O (p1p m^"' n 2 1I g O m o O A}=x Om y AO� o (n� p22zi zgm..97� -V f a s®D• • T $ Imo= f i.J 0 m=mmofm ; gT, WRIac441<,woEP,:r I H 3�1 od o o g m g l D D rn 5 2. g ,�.--. OP ogom o z mp4F ,4 (ilf; -o C:3 Grew dole coo FINAL PLAT VJ En9Tmerin9 BY r T /a6 "I' GREENBELT CENTRE PUT NO.3 1501 Technology Parkway ne v+ WATERLOO,IA Cedar Fob,Iowa - 319-266-5529 oPorewa b WA MOM PM/ DEED OF DEDICATION OF GREENBELT CENTRE PLAT NO. 3, WATERLOO, IOWA KNOW ALL MEN BY THESE PRESENTS: That Deer Creek Development,L.L.C.,an Iowa limited liability company,with its principal office in Waterloo,Iowa,being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Wendell J.Lupkes,a licensed land surveyor,dated the 22nd day of July, 2008, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as: GREENBELT CENTRE PLAT NO. 3, WATERLOO, IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. EASEMENTS The undersigned do hereby grant and convey to the City of Waterloo, 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,drain tile, surface drainage,gas,electricity,communication service or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under the property as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the lots in said subdivision be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions 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. A site plan shall be prepared in accordance with Part B of the"M-2,P"Planned Industrial District provisions of the City of Waterloo,Iowa,Zoning Ordinance No.2479,as amended and updated. 2. The following uses shall not be permitted in this subdivision: A. Slaughter house or stock yards. B. Manufacturing or wholesale stage of acids. C. Cement, lime gypsum, or plaster of paris manufacture. D. Distillation of bones. E. Explosive manufacture or storage. F. Fat rendering. • - 2 - G. Fertilizer manufacture. H. Garbage, refuse or dead animal reduction or dumping. I. Gas manufacturing and cylinder recharging. J. Glue, size or gelatin manufacturing. K. Refining or wholesale storage of petroleum or petroleum products. L. Manufacturing of rubber goods. M. Sand or gravel pits. N. Smelting of tin, copper, zinc, or iron ores. O. Transmitting stations. P. Waste paper yard. Q. Wholesale storage of gasoline. 3. At such time as any structure is or has previously been constructed on any lot, combination of lots, or portion of lots, in said subdivision,a concrete sidewalk will be constructed along all street frontage(s) as follows: A. The north side of Athens Drive. That a Portland cement concrete sidewalk and a hard surfaced driveway approach will be installed during or immediately after the construction, but before issuance of an Occupancy Permit from the City of Waterloo,Iowa,and that the sidewalk will be constructed across the full length of all street frontages of the lot,and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk already exists. Said sidewalk shall also be required to be constructed across all street frontages of two or more adjoining lots, or portions thereof, when any owner has acquired said two or more adjoining lots, or portions thereof, upon construction upon one or more lots, or portions thereof, all as required by the City of Waterloo, Iowa. 4. There shall be no direct access to Greyhound Drive from Lot 1. There shall be no direct access to Greyhound Drive from Lot 4, except as approved by the City of Waterloo. Lots 1 and 2 shall have a common shared access to W. Ridgeway Avenue after construction of a two-way fifth center left turn lane on W.Ridgeway Avenue with said common access located on the common lot line of Lots 1 and 2. 5. The undersigned and all persons and corporations hereafter acquiring any right, title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon for a period of twenty-one(21)years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one (21)years and in accordance with Iowa Code Chapter 614.24 and 614.25 (2007 Code of Iowa) or their successor provisions,these covenants,restrictions and stipulations shall be automatically extended for an additional period of twenty-one (21)years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2007 Code of Iowa. In the event an extension of the covenants,restrictions and stipulations is not filed within the period of twenty-one (21) years or successive 21-year period, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one(21) years. - 3 - SIGNED and DATED this day of 2008. DEER CREEK DEVELOPMENT, L.L.C. By Harold L. Youngblut, Manager STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on , 2008, by Harold L. Youngblut as Manager of Deer Creek Development, L.L.C. Notary Public in and for the State of Iowa 61 Prepared by Wendell J.Lupkes,L.S.,VJ Engineering, 1501 Technology Parkway,Cedar Falls,Iowa 50613 SURVEYOR'S CERTIFICATE GREENBELT CENTRE PLAT NO.3 WATERLOO,IOWA I certify that during the month of June, 2008, at the direction of Deer Creek Development Corp., a survey was made, under my supervision,of the tract of land to be known as"Greenbelt Centre Plat No.3, Waterloo, Iowa", as shown on the attached plat, and the boundary of which is more particularly described as follows: That part of the West One-half of the Northeast Fractional Quarter of Section Six(6),Township Eighty- eight(88)North,Range Thirteen(13)West of the 5th P.M., Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the North Quarter corner of said Section Six(6); thence N89°10'02"E 210.03 feet along the North line of said section to the Northerly extension of the East right of way line of Greyhound Drive; thence S00°28'46"E 145.07 feet along said Northerly extension to the South right of way line of West Ridgeway Avenue and the point of beginning; thence N84°42'05"E 421.49 feet along the South right of way line of West Ridgeway Avenue;thence SOO°28'46"E 366.31 feet;thence N89°31'10"E 60.00 feet; thence SOO°28'46"E 332.25 feet; thence S89°31'10"W 480.00 feet to the East right of way line of Greyhound Drive;thence NOO°28'46"W 663.16 feet along the East line of Greyhound Drive to the point of beginning containing 7.022 acres subject to easements and restrictions of record. I further certify that the Plat as shown is a correct representation of the survey and all corners will be marked as indicated. r L-- k '6eP i--- 7 - ` z - U 8 / Wendell u ke A Lic. No. 120 8 P 8 Date 3 Subscribed and sworn before me tl-' — day of_. -1 v\t y ,20 0 fe, STEVE J MC':' 1 M L .y � . Notary Public, in and for the State of Iowa 62 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING(FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name(please print): Deer Creek Development L.L.C. Address: 643 Griffith Rd. Phone: 319-269-4081 City: Waterloo State: IA Zip: 50701 b. Status of Applicant: (a)Owner x (b)Other (CHECK ONE): If Other explain: c. Property Owner's Name if different than above(please print): Address: Phone: City: State: Zip: 2. PROPERTY INFORMATION: a. General Location of Property: Southeast corner intersection of W.Ridgeway Ave. & Greyhound Drive b. Area of Proposed Plat: 7.022 Acres b. Area of Proposed Plat to be dedicated/conveyed to the City: 0.661 Acres c. Value of area to be dedicated/conveyed to the City: d. Zoning District(s): B-P:Business Park 3. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six(6)copies of the Final Plat which are in conformance with Section 5.2 of the Subdivision Ordinance No. 2997 c. Four(4)copies of Deed of Dedication(2 must be original signatures) d. Four(4)copies of all Petition and Waiver forms(2 must be original signatures) e. Four(4)copies of Certificate of Survey(2 must be original signatures) 4. IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No x b. If yes specify why and for what for? c. Costs(estimated): Total Cost City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ TOTAL $ $ The Request Fee of$100+$10 per lot(payable to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. saw. CA,At Signature of Applicant Date Signature of Owner Date • 63 Greenbelt Centre Plat No. 3 — Preliminary and Final Plat Standing at the approximate intersection of Looking east at the approximate location Greyhound and Athens Drives looking to of where Athens Drive will be constructed the northeast where Lots 1 and 2 will be and extended eastward. platted. • . • .... .,...�,. <. .. mow.: ... Looking to the southeast at the proposed Looking west towards Athens Drive that is locations of Lots 3 and 4. currently under construction. /: I��, CITY OF WATERLOO , IOWA r.T� WATERLOO ENGINEERING DEPARTMENT �... 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 /er!oo \ ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org Mayor TIMOTHY J. August 6, 2008 HURLEY COUNCIL 9131 MEMBERS 9641 Aric Schroeder, City Planner REGINALD A. Planning, Programming & Zoning Commission SCHMITT Waterloo City Hall Ward 1 Waterloo, IA 50703 CAROLYN COLE RE: PRELIMINARY PLAT w"'`' GREENBELT CENTRE PLAT NO. 3 HAROLD GETTY Dear Aric: herd (ZLiEN71\ M. This preliminary plat has been reviewed, and it has been determined that it HART meets the requirements of the applicable portions of Section 3, 4 and 5 of Ward 4- Ordinance 2997, Subdivision Ordinance. R EL It is recommended that this preliminary plat be approved. WEEPER. Ward Sincerely, BOB GREENWOOD At-Large STEVE SCHMITT Dennis J. Gentz, P.E. At Lary'` Assistant City Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer /,_�� IIL CITY OF WATERLOO , IOWA II ►���Itf'j T1 WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 fen o '° ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org Nri„y 01 August 6, 2008 TIMOTHY J. HURLEY 9131 9641 COUNCIL MEMBERS Aric Schroeder, City Planner Planning, Programming & Zoning Commission REGIN:-ILD A. Waterloo City Hall SCHMITT Waterloo, IA 50703 oiani 1 CAROLYN COLE RE: FINAL PLAT Ward 2 GREENBELT CENTRE PLAT NO. 3 HAROLD GETTY Dear Aric: Ivan/2 This final plat has been reviewed, and it has been determined that it meets the ( UENTIN LI. HART requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, 6vartl 4 Subdivision Ordinance. RON It is recommended that this final plat be approved. % ELPER Wand 5 Sincerely, BOB GREENWOOD At-Large STEVE Dennis J. G tz, P.E. SCHMITT Assistant City Engineer At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 17. ,Z / (/_:0 that communication from City Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal for Preliminary and Final Plat of Greenbelt Centre No. 3, be received, placed on file and "Resolution approving said variance", be adopted. Ayes: GCS ;het .P.v-e Re/solu ion adopted and upon approval by Mayor Pro Tern assigned No. 2008- !9 AYES NAYS NAYS ABSENT ABSTAIN MS . COLE 4/ MR. GETTY J MR. HART t----) MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT Pd 'II d CI Y z Z ' 4.-- m " xi ro n z o no N CD N b 0 C (DD L ` '' & � �.. tzl t'] o ro t� ?d 0 (D H. Z n (D ct t u. .. l •_ O H t" O it a s N C tT n 0 -� `_..._ 6 ill c 0 �� ' %U H H y H 0 O N rf M s - 6. " r ` H 0 H 0 0 �; a N. • z Ilik cr "' fa al N.) a\ f r ',► 0 a o It "' O . , w rr N a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-678 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE PRELIMINARY PLAT AND NECESSARY DOCUMENTS OF GREENBELT CENTRE PLAT NO. 3 IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this llth day of August, 2008, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Preliminary Plat of Greenbelt Centre Plat No. 3, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Preliminary Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Preliminary Plat of Greenbelt Centre Plat No. 3, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor Pro Tem and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this llth day of Au ust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST : Nancy Eck , CMC City Cler CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2008-678, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 11th day of August, 2008 . Witness my hand and seal of office this 13th day of August, 2008 . SEAL Nancy Eck t, CMC City Cler ,al ley CITY OF WATERLOO , IOWA WV._ WATERLOO PLANNING, PROGRAMMING ZONING COMMISSION -�.�......� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 a�@rJ�p �� NOEL ANDERSON • Community Planning&Development Director August 5,2008 Mayo! Honorable Tim Hurley, Mayor TIMOTHY T. City Council Members City Hall, Waterloo,Iowa HURLEY RE: Preliminary and Final Plat of Greenbelt Centre Plat No.3 COUNCIL Dear Mayor and Council: MEMBERS Transmitted herewith is the request by VJ Engineering for the Preliminary and Final Plat of Greenbelt Centre Plat REGINALD A. No. 3, located along an extension of Athens Drive,east of Greyhound Drive and south of West Ridgeway Avenue. SCHNIITT Please find attached the following documents: 1Va,1 1 ° Staff report CAROLYN Aerial photograph of the area COLE ° Preliminary and Final Plats IVnrd 2 ° Owner's Statement of Restrictions and Legal Description HAROLD ° Report of the City Engineer GEM WardAt the August 5,2008 regular meeting,the Planning and Zoning Commission unanimously recommended approval of the Preliminary and Final Plat. QU ENTIN M. HART The plat consists of 5.0 acres of land,with 4-lots,to be eventually developed into a professional office park. Within the want 4 past year,portions of Athens Drive have been platted in previous plat requests,however,no portion of the road has been paved yet. Portions of the plat are located in the 100-year and 500-year floodplains, as well as other portions of the plat RON not being located within a floodplain. Any new development proposed to be constructed in the 100-year floodplain will [YELPER have to adhere to the minimum floodplain standards. Engineering has requested that the 25' easement along the west IVnrd 5 property line of Lot 4 abutting Greyhound Drive be increased from 25'to 30'to allow for enough room if a trench is needed to be dug for maintenance on the sanitary sewer,due to its depth. The plat is in accordance with the Subdivision BOB Ordinance and can be serviced by extensions of existing utilities,and would appear to provide for the orderly GREENWOOD development of area,and add additional commercial services and jobs to Waterloo. Due to staff requesting approval of ,It-t;"''e both the Preliminary and Final Plat at the same hearing,the City Council will need to approve a variance to the STEVE requirements of the Subdivision Ordinance in Section 2.3 (1). SCI INIITT At Lar; Therefore,we would ask that the City Council adopt a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal,and approve the Preliminary and Final Plat of Greenbelt Centre Plat No.3. Should you have any questions,please do not hesitate to contact our office. Sincerely, - d./1"4-"\--1 Aric A. Schroeder, City Planner ta:AS Attachments cc: Noel Anderson,Community Planning and Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 18. that communication from City Planner transmitting Preliminary Plat of Greenbelt Centre Plat No. 3, together with staff report, aerial photo, preliminary plat, Owner' s State of Restrictions, legal description, Report of the City Engineer, be received, placed on file and "Resolution a provi g aid eliminary plat" , be adopted. Ayes: > Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE (� MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER !/ MR. REGGIE SCHMITT �/ CJ1 II* n hi 0 Pi m C%' ,, tx1 txi 0 ro � Pi to Z w PO n M, tD ' Pr) H 1 PO C) 0 H ti 0 it G a a rt °c n r 3 H n P. a a, a, `o Cr "�" ' zz n H Z iJ r r1 ` r y 0 0 w 0 M y ,4 '- H z H 0 '`" r`� °z °z a 0. a a ,,,, r j SRk .• cD 0 t. ti r, �i R . �' N ! 4.. 0 a p III 0 cr m a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-679 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE FINAL PLAT AND NECESSARY DOCUMENTS OF GREENBELT CENTRE PLAT NO. 3, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 11th day of August, 2008, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Final Plat of Greenbelt Centre Plat No. 3, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Final Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Final Plat has been considered and should receive approval of this Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Final Plat of Greenbelt Centre Plat No. 3, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor Pro Tem and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 11th day of August, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ec] t, CMC City Cler CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2008-679, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 11th day of August, 2008 . Witness my hand and seal of office this 13th day of August, 2008 . SEAL Nancy Eck it, CMC City Cler �_ \ CITY OF WATERLOO , IOWA lit f ��•�T � WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION S1� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 " riUO NOEL ANDERSON • Community Planning&Development Director August 5,2008 Mayo) Honorable Tim Hurley,Mayor TIMOTHY J. City Council Members City Hall, Waterloo,Iowa HURLEY RE: Preliminary and Final Plat of Greenbelt Centre Plat No.3 COUNCIL Dear Mayor and Council: MEMBERS Transmitted herewith is the request by VJ Engineering for the Preliminary and Final Plat of Greenbelt Centre Plat REGtNALD A. No. 3, located along an extension of Athens Drive,east of Greyhound Drive and south of West Ridgeway Avenue. SCHMITT Please find attached the following documents: Want 1 ° Staff report t:AROLYN ° Aerial photograph of the area C'OLE Preliminary and Final Plats ivurd 2 ° Owner's Statement of Restrictions and Legal Description HAROLD ° Report of the City Engineer GETTY Ward3 At the August 5,2008 regular meeting,the Planning and Zoning Commission unanimously recommended approval of the Preliminary and Final Plat. QUENTIN M HART The plat consists of 5.0 acres of land,with 4-lots,to be eventually developed into a professional office park. Within the milt 4 past year,portions of Athens Drive have been platted in previous plat requests,however,no portion of the road has been paved yet. Portions of the plat are located in the 100-year and 500-year floodplains,as well as other portions of the plat RON not being located within a floodplain. Any new development proposed to be constructed in the 100-year floodplain will IVELPER have to adhere to the minimum floodplain standards.Engineering has requested that the 25' easement along the west Ivor,'5 property line of Lot 4 abutting Greyhound Drive be increased from 25'to 30' to allow for enough room if a trench is needed to be dug for maintenance on the sanitary sewer,due to its depth. The plat is in accordance with the Subdivision BOB Ordinance and can be serviced by extensions of existing utilities,and would appear to provide for the orderly GREENWOOD development of area,and add additional commercial services and jobs to Waterloo. Due to staff requesting approval of both the Preliminary and Final Plat at the same hearing,the City Council will need to approve a variance to the STEVE requirements of the Subdivision Ordinance in Section 2.3 (1). SCHMITT tt Larc Therefore,we would ask that the City Council adopt a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal,and approve the Preliminary and Final Plat of Greenbelt Centre Plat No.3. Should you have any questions,please do not hesitate to contact our office. Sincerely, Aric A. Schroeder, City Planner ta:AS Attachments cc: Noel Anderson,Community Planning and Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 19. (I!? that communication from City Planner transmitting Final Plat of Greenbelt Centre Plat No. 3, together with staff report, aerial photo, preliminary plat, Owner's State of Restrictions, legal description, Report of the City Engineer, be received, p aced on file and "Resolution' ro ing said final plat" , be adopted. Ayes: . Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER ✓ MR. REGGIE SCHMITT pc, fti t7 O '17 xi Z % t V n DI H 0 w 'rod 0 M r ts" ;? ro y O ro a �' o cD r• 0 n m ct u• - _ r • O H t" O H a m rr 0 n rs N• cD ► XJ H H r0r a Q• (CD (D M �Q rr ,.. H H H � !� .I. 0, n (1. )-- �a. Z n H o x 0 Pk% >I H .`\ 0 N• Cr It H 0 › Z w 0 7- O H z H o a OPz 0 P (I) r. ro 0 ► II - cr irs �, N P.- . 0 a • This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-680 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE FINAL PLAT AND NECESSARY DOCUMENTS OF COUNTRY CLUB BUSINESS CENTER THIRD ADDITION, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this llth day of August, 2008, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Final Plat of Country Club Business Center Third Addition, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Final Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Final Plat has been considered and should receive approval of this Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Final Plat of Country Club Business Center Third Addition, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor Pro Tem and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this llth day of August, 2008 . difrjr Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ec rt, CMC City Cl CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2008-680, as passed and adopted by the Council of the City of Waterloo, Iowa, on the llth day of August, 2008 . Witness my hand and seal of office this 13th day of August, 2008 . SEAL Nancy Ec t, CMC City Cler % CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION `D 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 °I@r1O0 () NOEL ANDERSON • Community Planning&Development Director August 5, 2008 Mayo, Honorable Timothy Hurley, Mayor TIMOTHY J. City Council Members HURLEY City Hall Waterloo,Iowa COUNCIL RE: Country Club Business Center Third Addition MEMBERS Dear Mayor and Council: REGINALD A. SCHDIITT Transmitted herewith is one print of the Final Plat of Country Club Business Center Third Addition. Ward r This site is generally located at the southeast corner of Ansborough Avenue and San Marnan Drive, just to the north of the Highway 20 off-ramp. Please find attached: CAROLYN COLE ° Staff report Ward 2 ° Aerial photograph of the area HAROLD ° Final Plat GETTY ° Report of the City Engineer Ward QUENTIN M. At the August 5,2008 meeting, the Planning,Programming,and Zoning Commission HART unanimously recommended approval of the final plat. Ward 4 This plat consists of 5.98 acres and has a total of 3 lots, which will be developed into a business park RON area. Currently, Cardinal Construction has plans to have 5 new office buildings constructed upon WELPER the lots in question, and a site plan amendment has already received recommendation of approval Ward 5 from the Planning and Zoning Commission on August 5, 2008. The area is zoned"B-P"Business BOB Park, which allows for professional office, light-commercial and light industrial development. The GREENWOOD plat will access to Fisher Drive,Tower Park Drive, and Bankers Boulevard, as well as having access At-Large to Ansborough Avenue, San Marnan Drive, and Highway 20. sCEHMITT The plat is in accordance with the Subdivision Ordinance and can be serviced by extensions of At La, e existing utilities, and would appear to provide for the orderly development of land that is compatible to surrounding developments. Therefore, we would ask that the City Council adopt a resolution approving the Final Plat of Country Club Business Center Third Addition. Should you have questions, please do not hesitate to contact our office. Sinc Noel An e son, Community Planning and Development Director ta:NA CITY WEBSITE:www.ci.waterloo.ia.us Attachments cc: Aric Schroeder,City Planner, --WERE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer August 5,2008 REQUEST: REQUEST FOR THE FINAL PLAT OF COUNTRY CLUB 75 BUSINESS CENTER THIRD ADDITION APPLICANT(S): Shive-Hattery, Inc., 201 3rd Avenue SE, Cedar Rapids, 52401 GENERAL The request is for the final plat of Country Club Business DESCRIPTION: Center Third Addition, a Replat of Lot 6 of Country Club Business Center Addition, generally located east of Ansborough Avenue between San Marnan Drive and Highway 20, for the development of a three lot business park subdivision. SURROUNDING The request would not appear to have a negative impact on LAND USES AND the surrounding area, and would be compatible to the already IMPACT ON existing Commercial and professional office development in NEIGHBORHOOD: the area. North — Country Club Business Center zoned "C-P" Planned Commercial District, and "R-4,R-P" Planned Residence District. South — Country Club Business Center Second Addition, Highway 20, and additional vacant farm ground zoned "B-P" Business Park. East—Vacant farm ground zoned "B-P" Business Park, and "R-4,R-P" Planned Residence District. West— Country Club Business Center zoned "B-P" Business Park, and VGM Office Complex zoned "C-2, C-Z" Conditional Zoning. VEHICULAR & The plat will have frontage on Tower Park Drive, Fisher Drive PEDESTRIAN and Bankers Boulevard, which are classified as Local Streets. TRAFFIC The plat is also served by Ansborough Avenue and San CONDITIONS: Marnan Drive, both of which are classified as Minor Arterials, as well as Highway 20, which is classified as a Principal Arterial. It is noted in the deed of dedication that sidewalk will be constructed on the westerly side of Lot 1, the northerly sides of Lots 1 and 2, and on the easterly sides of Lots 2 and 3. RELATIONSHIP TO There are plans for a recreational trail to be placed on the RECREATIONAL south side of Fisher Drive, which will be extended as further TRAIL PLAN: development occurs to the east of the proposed plat. ZONING HISTORY The proposed plat was rezoned from "A-1"Agricultural District FOR SITE AND to "B-P" Business Park, "C-P" Planned Commercial, and "R-4, IMMEDIATE VICINITY: R-P" Planned Residence District on February 25, 2004 for the establishment of new commercial and office development, coinciding with the newly completed Ansborough Avenue, Highway 20 interchange, which opened in late 2006. DRAINAGE: The proposed plat slopes from the south to the north with elevations ranging from 848' to 839', with the storm water runoff channeling into the main retention pond in the middle of Country Club Bus.Cntr 3rd-8.5.08 Page 1 of 3 August 5,2008 76 the area to be platted. DEVELOPMENT The area around the recently opened Ansborough Avenue and HISTORY: Highway 20 interchange has seen much interest since its opening in fall of 2006. VGM recently completed a 40,000 SF addition to its facility at the southwest corner of Ansborough Avenue and San Marnan Drive. Recently, Liberty Bank announced plans to build a new bank facility at the southwest corner of San Marnan Drive and Bankers Boulevard, and Financial Resource Advisors also have plans for a new 10,000 SF building just to the west of the bank. Grainger Inc. has noted that they plan a new 42,000 SF office building on Lot 1 of the second addition, as well as a 20,000 SF expansion in the future. FLOODPLAIN: No portion of the proposed plat is located in the floodplain. PUBLIC /OPEN There are no nearby parks or public open spaces. Lou Henry SPACES/ SCHOOLS: Elementary School and Hoover Middle School are located approximately 1 mile to the north and east of the location off of Rachael Street. UTILITIES: WATER, SANITARY SEWER, The proposed plat will be served by the extensions of existing STORM SEWER, ETC. water, gas, electric, sanitary sewer, and storm sewer in the area. RELATIONSHIP TO The proposed plat is in conformance with the Future Land Use COMPREHENSIVE Map for this area, which designates it as Business Park, which LAND USE PLAN: allows for professional offices, commercial and compatible light industrial development. STAFF ANALYSIS — The applicant is proposing to replat Lot 6 Country Club ZONING Business Center Addition into a total of three lots. Lot 1 will be ORDINANCE: 2.48 acres, Lot 2, 1.89 acres, and Lot 3, 1.61 acres, for a total plat area of 5.98 acres. A 10' wide utility easement is shown around the frontages of all lots within the subdivision, and a 20'wide storm sewer easement is shown along the property line between Lots 1 and 3, which will channel into the proposed drainage pond. STAFF ANALYSIS — The Subdivision Ordinance requires that Final Plat submission SUBDIVISION include such criteria such as boundaries of property, proposed ORDINANCE: streets, easements, and widths of right-of-way, which are shown on the submitted final plat. STAFF Therefore, staff recommends that the Final Plat of Country RECOMMENDATION: Club Business Center 3rd Addition be approved for the following reasons: 1. The plat can be serviced by the extension of existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Business Park, which allows for professional offices, Country Club Bus.Cntr 3rd-8.5.08 Page 2 of 3 August 5,2008 77 commercial and compatible light industrial. 3. The plat will create an additional infill development site in the Primary Growth Area. Country Club Bus.Cntr 3rd-8.5.08 Page 3 of 3 .a - Request for Final Plat of Country Club Business;if _ Center 3rd Addition a Replat of Lot 6 of Country - :: Club Business Center Addition _'� •8.it<� . t.e ; 4 4-vaha d. -'411 16 �y iii.... To IL, 40. , , ,.. 71111111. , ,34,11 :21.43 . is ir,,,, . ii, ,„ ,. a ii. 1: N * 4.. of - w �r _ a -.. 41C:1GW1�41" +' :. .. „ , li! �.\000 �, ' „.::: t 7:0�'�Park Dr . ,�mt' Aria I be pi i , _Am /me Ivo rir III r , 4 „.: .„. ., ,. _'. U.S. Hwy 201INNiiiiMill , ii,f u ,. N 400 200 .0 400 S.,_ ..,,,. ,..,...,.. YReterence Files:XR-BASEMAP>P.\PROTCTS\206305-t\DWG\%R-BASENAPDeg I PRELIMINARY PLAT>P:\PROJECTS\206305-1\DWC\PRELIMINARY PLAT.D*g I dAjocob i P:\Projects\208241-0\dwg\FINAL PLAT CARDINAL 3RD ADD 072508.DW0I DATE.07/29/2008 I Time:09:51 I A 2.a., 000e114 ANSBOROUGH AVENUE "cs9-Y,o, vuMLm P�zA $a- m� W=m �.n� 1 C0 0 �u�"�_Nxmu��" n� C �XN�' w' " "A2 N ` - l� Pe Z film W 14qj 10 uk N,a l�mmirintl � �Z� a:gym WmNj,,4m -� s m2zzZzzzz2alammma, � I ra ' r 0WowQo� � , 4 Z;9sue l', 4 s I I pJY N i W/ -• iSg ! , i , ' CO U`s / Z 1a �,- -ems igapg ' x eas o e / u) n 9y i , `S, Y' r R I T # samgZ C�a / tia, %) m I 0 5 �� ' M t55;3" 2mt 76 C� I II ito r § * ! C Epp 6�� II g.. A E 11,0 7 I Z .� �0 1 -' 0 t V INTrt'---___-_y) / O yC $l,'487� ```` v 25 � y %/' v ,A �A/' D 'o eJ7S,3 / O � Z �/ NX.,,. — - / a4e ASS..,. ire,a�.e/ - - -\ / \ �- MACSC OR rg 4C4 wmaRaw 11g ;y? sg:gg to a�f A oRwJ�aR P 1 ` 8 \*\ a� g, i'€6 M a ,. as ......80 FCC TQN rd Vi'A rng E u^Sw m LOVE'Off OR mg po ' Hi: 4II:li3 $9d �� �$ 'E4,,i; 5AQ 1 I^= a r Sr g a 4 RoriAl g r -_m "'5y A D m9 —0 e r 4 !I s; Z p VI gg 0 z PROSPECT KED Oo eENOT Ra .7 z o RA aY SO 0111 t CO/� 2 '-'I W l/T m f+i DN t A m P D=COZ m 6 Mm A _ "" mo-Z� = o ° z FINAL PLAT 5Din�; o A COUNTRY CLUB BUSINESS CENTER SHIVE\HATTERY O m p N ;5 Cedar Rapids,IAA Iowa City,IAA Des Moines,IA A mr m* THIRD ADDITION Moline,ILBloomington IL A Chicago,IL T. D Z C SHIYE-HATTERY,INC. 201 THIRD AVENUE SE.SUITE 500, CEDAR RAPIDS,IOWA 52401 --I W o WATERLOO, IA PHONE(319)364-0227 FAX(319)364-4251 M http://www.shlw-hattery.com b 80 DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS; That Leondorf LLC, an Iowa Limited Liability Company, being desirous of laying out and platting into lots the land described in the attached Certificate of Survey of Donald E. Puffett, dated July 31, 2008, attached hereto as Exhibit "A" and by this reference made a part hereof, does by these presents designate and set apart the aforesaid premises as an addition to the City of Waterloo, Black Hawk County, Iowa, to be hereafter known and designated as Country Club Business Center Third Addition, all of which is with the free consent and desire of said Leondorf LLC. The owner does hereby dedicate and set apart and does grant and convey to the City of Waterloo for public use the area as shown upon the attached plat. That Leondorf LLC is the owner of the property described on attached Exhibit «A„ Be it further known that Leondorf LLC does hereby covenant and agree for itself, its successors and assigns, that all of the lots in said addition are hereby made subject to the following covenants, restrictions and easements upon their use and occupancy as if the same were contained in every instrument that it or its successors in interest may execute concerning said lots, and said restrictions, covenants and easements shall run with the land for the length of time and in the particulars hereinafter stated,to wit: 1. All lots in this Addition shall be governed by Zoning Ordinances of the City of Waterloo, Black Hawk County, Iowa, and all buildings thereon shall meet the minimum restrictions of said zoning ordinances. 2. No building or other structure or improvement shall be erected on any lot nearer to any property line than the building set-back lines as shown on the attached plat, and where no building set-back lines are indicated on the plat, the provisions of the zoning ordinances of the City of Waterloo, Black Hawk County, Iowa, in force and effect at the time of the erection of the building, structure or improvement shall govern the building set-back lines. 3. No trailer, basement, tent, shack or barn shall be used temporarily or permanently in the Addition. However, temporary structures will be allowed to be used only as construction offices. The temporary structures must be removed within two (2) years after placement. 4. No site or lot shall be used for any purpose, business or activity which is considered dangerous or unsafe, is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes or noise or otherwise, or which constitutes or may become a nuisance to the remainder of the Addition or to owners of property surrounding the Addition. 81 5. A lot may be split or divided in a fashion to provide for more lot area when added to an adjoining lot. At minimum,any lot shall contain at least one acre. 6. The titleholder of each lot, vacant or improved, shall keep the lot free from weeds and debris and shall maintain that part of the dedicated street shown upon the attached plat adjacent to the titleholder's property and lying between said property and the paved roadway. 7. All vehicle parking must be provided for within the property boundaries and must be set back from all property line with street frontage a minimum of fifteen (15) feet on Lot 1, Lot 2, and Lot 3. Trucks and delivery trailers must be able to maneuver on the building site without using part of the adjacent streets. Overnight parking of trucks as well as on-street parking of any vehicle type will not be permitted. The entire area for auto and truck parking and maneuvering shall be paved. 8. At such time as any structure is or has previously been constructed on any lot, combination of lots, or portion of lots, in said subdivision, a concrete sidewalk will be constructed along the street frontages as follows: Sidewalks: i)the westerly side of Lot 1 ii)the northerly side of Lot 1 and Lot 2 iii)the easterly side of Lot 2 and Lot 3 9. Outside storage will not be allowed. 10. Outside display of any type,other than business signage, will not be allowed. 11. All landscaping will be governed by the Highway 20 Corridor Overlay District ordinance of the City of Waterloo, as amended. 12. Exteriors shall be brick, stone, EIFS, stucco, decorative concrete block, architectural precast concrete, glass, or a combination thereof. Roofing can be asphalt/metal shingles, built-up, single ply membrane, or standing seam metal. Colors shall be earth tone; browns, tans, and muted reds. Glazed facing and bright colors will be prohibited. All plans and color schemes must be reviewed and approved by a Design Committee designated by the Developer a minimum of thirty days prior to the start of construction. 13. No fences or lot-enclosing barriers of any type shall be erected. Fencing lower than 4' and shorter in run than 12' may be used, but only for highlighting or retention of landscaping features. 14. Pole signs will not be permitted on Lots 1, 2 or 3. Free standing signs on Lots 1,2, or 3 shall be restricted to low level monument signs. Wall signs for any structure are to match graphics used for monument signs and be governed by the Highway 20 Corridor Overlay District ordinance of the City of Waterloo, as amended. No window or miscellaneous mobile advertising will be allowed. 82 15. A perpetual easement is hereby granted to any public or private corporation, firm or person furnishing utilities, water, sanitary sewer, storm sewer, gas, electricity, or communication service over the easements indicated on the plat. The agents and employees of any such public or private corporation shall have the right to reasonable access to said easements, services and installations for the purpose of proper installation, construction and maintenance of the said service, lines equipment and installations. 16, The drainage easement and detention pond shown in the Third Addition shall be for the benefit and use of all properties within the Country Club Business Center. 17. These covenants, restrictions and easements shall run with the land and shall be binding upon the present owner and all persons claiming under it until January 1, 2017, at which date said covenant shall be automatically extended for successive ten-year periods unless by the vote of a majority of the then owners of the Lots (the owner or owners of each lot have one vote per lot and a majority of the lots control) it is agreed to vary said covenant in whole or in part. 18. If the present owner or its successors or assigns shall violate or attempt to violate any of the covenants, restrictions and easement herein contained prior to January 1, 2017, or during any extension of said covenants and easements, it shall be lawful for any person or corporation owning lots in said Addition to prosecute any proceedings at law or in equity against any person, firm or corporation violating or attempting to violate said restrictions and either to prevent said violation or attempted violation or to recover damages for said violation. Invalidation of any of these covenants by judgment or decree shall not affect any of said covenants not so specifically invalidated, and all other covenants not specifically invalidated shall remain in full force and effect. Dated the day of ,2008 Leondorf LLC, Member By: Att: Exhibit"A" 83 Prepared by: Donald E.Puffett of Shive-Hattery,Inc., 201 3rd Avenue SE,Suite 500 Cedar Rapids,Iowa 52406 (319)364-0227 (Space above this line for recording purposes only) CERTIFICATE OF SURVEY I, Donald E. Puffett, a duly Licensed Land Surveyor and under the laws of the State of Iowa, hereby certify that I have made a survey of what is to be known as COUNTRY CLUB BUSINESS CENTER THIRD ADDITION to WATERLOO, BLACK HAWK COUNTY, IOWA which is described as follows: Lot 6, Country Club Business Center Addition to Waterloo, Black Hawk County, Iowa. For a more definite location and description, reference is made to a Final Plat dated attached hereto and made a part hereof Said Country Club Business Center Third Addition to Waterloo, Black Hawk County, Iowa is divided into 3 lots, numbered Lot 1 through Lot 3, all-inclusive. The number of each Lot is designated on the Final Plat by figures near the center of each Lot. Dimensions of each lot and street widths are shown in feet and decimals thereof on said Final Plat. A re-bar with a yellow plastic cap embossed with 9500 will be set at each point indicated by a small circle, marked -o-on said plat. I hereby certify that the accompanying plat is in accordance with a survey made by me or under my direct personal supervision;that the location of streets, avenues and lots and their representative names, numbers, widths, courses and dimensions are to be shown on the accompanying plat;that said survey and plat contain and show any excesses and/or deficiencies from former surveys and that iron stakes are set at all lot corners by one year from this date. WITNESS my hand and seal at Cedar Rapids, Iowa,this day of 2008. Donald E. Puffett, L.S. License No. 9500 My license renewal date is December 31, 2009 84 Final Plat of Country Club Business Center Third Addition (pictures taken on 3/29/07) Standing along Ansborough Ave looking east at the area proposed to be platted. Standing along San Marnan Dr at the intersection of proposed County Club Ln looking south at the area proposed to be platted. F Standing along San Marnan Dr looking southwest at the area proposed to be platted. Pg 1 85 Final Plat of Country Club Business Center Addition (pictures taken on 3/29/07) Standing along Ansborough Ave looking west at the ,tomt;« VGM facility across from the proposed plat. Standing near the intersection of Ansborough Ave and San Marnan Dr looking north at a • ; 44v professional office • complex. _ 4 Standing near the intersection of .4 4 Ansborough Ave and San Marnan Dr looking north at the Parrot and Wood ;�; s,� funeral home. ra r % , Pg2 • I�'� CITY OF WATERLOO , IOWA Air.iWATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ��erloo \o ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org yr«,/°. August 6, 2008 TIMOTHY J. HURLEY 9131 9641 COUNCIL MEMBERS Mr. Aric Schroeder, City Planner Planning, Programming & Zoning Commission REGINALD A. Waterloo City Hall SCHMITT Waterloo, IA 50703 Ward I CAROLYN COLE RE: FINAL PLAT Ward COUNTRY CLUB BUSINESS CENTER THIRD ADDITION HAROLD GETTY Dear Aric: Ward This final plat has been reviewed, and it has been determined that it meets the QUEHART tiT M. requirements of the applicable portions of Section 3 4 and 5 of Ordinance 2997, HART q pp Ward 4 Subdivision Ordinance. RON It is recommended that this final plat be approved. WELPER Ward 5 Sincere , BOB GREEN WOOD At-Large STEVE Dennis J entz, P.E SCHMITT Assistant City Engineer At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 20. that communication from City Planner transmitting Final Plat of Country Club Business Center Third Addition, together with staff report, aerial photo, final plat and Report of the City Engineer, be received, placed on file and "Resolution approving said final plat" , be adopted. Ayes: S /✓ e d/.gp.c. v 1 RRee olytion adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE ll MR. GETTY MR. HART MR. GREENWOOD (/ MR. STEVE SCHMITT MR. WELPER IT;7 MR. REGGIE SCHMITT a ro 0 CD (D '. o cD �• p n CD rt . , : r o ffIti 0 1# HA a a m 0 rr n z 0 6. H rt p, (D (D (D to rt O H P1 H. Gl. n p. 0 . �.. Z n IA I.) 0p H. rr t 1 * H O 0 W pH Mk!` O z H ¢) I z z p .., 0is N �• � o 0, O 1 '• : _ rn ..` a t This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-681 RESOLUTION ' APPROVING FIRST AMENDMENT TO CITY OF WATERLOO SECTION 108 LOAN GUARANTEE CONTRACT AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the First Amendment to City of Waterloo Section 108 Loan Guarantee Contract to allow the city to retain the funds for reuse and not deposit them into the Loan Repayment Account and extend the date for withdrawal and disbursement to December 31, 2009, by and between the U. S. Department of Housing and Urban Development, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 11th day of Au ust, 2008 . / *) Reggi Schmitt, Mayor Pro Tem ATTEST: .. rajz_tfr. Nancy Eck t, CMC City Cler I CITY OF WATERLOO , IOWA ip4• �� WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION T4� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 (t@r1o0 �� NOEL ANDERSON • Community Planning&Development Director Ma August 6, 2008 jpi TIMOTHY J. HURLEY Honorable Tim Hurley, Mayor City Council Members City Hall COUNCIL Waterloo, Iowa MEMBERS " " " ' Dear Mayor and Council: REGINALD A. SCHMITT Attached you will find a letter serving as the First Amendment to the City of ward' Waterloo Section 108 Loan Guarantee Contract. Please see that attached CAROLY-N amendment letter. COLE [lord 2 The original Contract notes that funds pledged must be deposited in a Loan HAROLD Repayment Account. This amendment will allow the City to retain these GETF) funds for reuse, and not have to deposit them into the Loan Repayment Lv„rcl Account. QUENTIN The original Contract notes that that temporary funds of Guaranteed Loan HART Wan/4 Funds be withdrawn and disbursed by May 1, 2007. The amendment will change that date to December 31, 2009. RON WEEPER Therefore, we would ask that the City Council take the necessary action to ward 5 authorize the Mayor and City Clerk to sign and fully execute the attached BOB letter, serving as the First Amendment to the City of Waterloo Section 108 GREENWOOD Loan Guarantee Contract. If y u have any questions or need any additional At-La'', information regardi ma er, please contact our office. STEVE SCHMITT Si rely, At-La rt c Noel Anderson Community Planning & Development Director CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Vacate April 21,2004 0014ENT0, ya U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IIIHIII* WASHINGTON,DC 20410-7000 944N DF'J'0 OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT JUN 3 ;y 2008 Noel Anderson,Director Community Planning&Development 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Anderson: Subject: City of Waterloo, IA- Section 108 Loan Guarantee B-03-MC-19-0008, $8,220,000 Commitment Cedar Valley Riverfront Renaissance Project Amendment to Contract This responds to the March 25, 2008 email from Don Temeyer and follows up on previous communications between and among representatives of the City and HUD, related to the deposit of pledged funds into the Loan Repayment Account as described in the Contract for Loan Guarantee Assistance under Section 108 (the "Contract"). In addition, this responds to a request made by the City in a meeting on February 26, 2008 in connection with the date in paragraph 1 of the Contract. Paragraph 6(a) of the Contract says that funds pledged pursuant to paragraphs 5(b), 5(c)and 5(d) are to be deposited into the Loan Repayment Account upon receipt. However, we understand that the City would like to have these funds available for re-use,rather than have to deposit them into the Loan Repayment Account. Paragraph 1(a) of the Contract requires that temporary investments of Guaranteed Loan Funds mature no later than May 1, 2007 and that Guaranteed Loan funds be withdrawn and disbursed by May 1, 2007. The City has requested an extension of the date to December 31, 2009, as the City needs more time to complete its Riverwalk and Business Loan Pool activities. The requests from the City, along with other information provided by the City, have been reviewed by my office and by our Office of General Counsel. Based on the information provided, and in the interests of furthering the intended purposes of the transaction, we find the requested changes to be acceptable to HUD and not inconsistent with the project as approved by HUD. Your requests are approved as follows: 1. The Contract is amended to insert the following language as paragraph 15(1): 15(1) Notwithstanding anything else to the contrary in paragraph 6(a), so long as no Default has occurred, amounts pledged pursuant to paragraph 5(b), 5(c), and 5(d) shall not be required to be deposited into the Loan Repayment Account; provided, however, such amounts shall be used in accordance with the 2 regulations governing their use (including, without limitation, 24 CFR Part 570 and 24 CFR Part 92). Upon any Default, the Borrower shall immediately deposit all cash derived from such pledged amounts (then on hand or thereafter received)into the Loan Repayment Account. 2. The date in paragraph 1(a)is extended until December 31, 2009 This letter shall constitute the agreement of the U.S. Department of Housing and Urban Development to the amendment requests and shall be attached to the original Contract and constitute a First Amendment thereto. Except for this addition of paragraph 15(1), related to the Loan Repayment Account, and the extension of the date in paragraph 1(a), all other terms and conditions and obligations set forth in the Contract remain unchanged. If you accept the terms and conditions of this amendment as set forth above,please acknowledge your acceptance by signing in the space below and return a fully executed copy to Paul Webster,Director,Financial Management Division,451 7th Street, S.W.,Room 7180, Washington,DC 20410. If you have any questions regarding the contract,please contact Paul Webster,Director of the Financial Management Division, at 202.708.1871, extension 4563, or Jason Triplett at extension 4837. Sincerely, 11"..Thirt,ir.411711 • 1 Nelson R. Bregon General Deputy Assistant Secretary Accepted: City of Waterloo,IA By: Signature Title Date ) /3 CITY OF WATERLOO, IOWA COUNCIL RECORD 21. V � 3 (2d (") that communication from Community Planning & Development Director transmitting First Amendment to City of Waterloo Section 108 Loan Guarantee Contract with the U.S. Department of Housing and Urban Development to allow the city to retain the funds for reuse and not deposit them into the Loan Repayment Account and extend date for withdrawal and disbursement to December 31, 2009, be received, placed on file and "Resolution approving said amendment" , be adopted and Ma or Pr em and City Clerk authorized to execute same. Ayes: 5 zw d5: Resol tion adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE V/ ..MR. GETTY MR. HART (/ MR. GREENWOOD MR. STEVE SCHMITT ✓ MR. WELPER MR. REGGIE SCHMITT `�U f M XJ N CD CI H 'ZS 0 CDD CD , V1 G• ills` Lxi [ O b [7 o H r 0 vgo m n m cr � . i r.H Si M rr 0 M n N• r• m `. t Pd H H o a t1, c 4 .0 H H n o H Y hh4: - o H 1-1 OP t•c, O N• Cr It H Z HW0 tl.....6._,\ +' ; ► 0 H r ►I I. if : �a I . -e 0 ► • cr Z. sat This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-682 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACTS TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEEDS. WHEREAS, the City of Waterloo, Iowa, has had all the parcels described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcels is necessary to carry out the Downtown Riverfront Renaissance Plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcels hereinafter described to sell the same to the City of Waterloo, Iowa, all of which are situated in the City of Waterloo, Black Hawk County, Iowa, are accepted and approved and the Mayor Pro Tem and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the properties from the owners thereof, and the deeds for the conveyance of the same are also accepted and approved and the City of Waterloo is directed to pay for the properties and the incidental expenses necessary to the consummation of the sales from City funds. The subject parcels are: Wayne N. and Joann M. Wiltfanq 218-220 West 2na Street (Parcel #8913-26-205-005) $55, 000 . 00 Original Plat Waterloo West Northeast 70 feet Lot 10 Block 4, all in the City of Waterloo, Black Hawk County, Iowa. Wayne N. and Joann M. Wiltfanq 224-226 West 2na Street (Parcel #8913-26-205-006) $58, 315 . 00 Original Plat Waterloo West Southwest 70 feet Lot 10 Block 4, all in the City of Waterloo, Black Hawk County, Iowa. PASSED AND ADOPTED this llth day f Au ust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: (6;4-11-- Nancy Eck t, CMC City Cler I�y CITY OF WATERLOO , IOWA 14^7erlo0 WATERLOO PLANNING, PROGRAMMING &. ZONING COMMISSION IPSig 51� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 \O. NOEL ANDERSON • Community Planning&Development Director August 5, 2008 Honorable Timothy Hurley, Mayor Mrt/or City Council Members TIMOTHY J. City Hall HURLEY Waterloo, Iowa RE: Accept Acquisition Contract to purchase 218-220 West 2nd Street, and 224- COUNCIL 226 West 2"d Street from Wayne and Joanna Wiltfang. MEMBERS Dear Mayor and Council, REGINALD A. SCHMITT As you are aware, the City of Waterloo is actively working on revitalizing Downtown Ward 1 Waterloo, and as a part of those revitalization efforts, the City has been acquiring CAROLYN properties for future downtown redevelopment. At this time, staff has received signed COLE acquisition contracts back from Wayne and Joanna Wiltfang, who own the two Ward 2 properties at 218-220 and 224-226 West Second Street, between Jefferson and Commercial Streets. The Wiltfangs have agreed to sell 218-220 West 2nd Street for HAROLD $55,000, and 224-226 West 2nd Street for $58,315. Both properties are 4-plex GETTY buildings, with tenants currently in each unit, and all the tenants are eligible for word' relocation costs. Jim Rodemeyer with INRCOG has estimated that it will cost QUENTIN M. approximately $48,000 to relocate all the tenants at the two properties, as well as HART noting that the tenants currently pay a very low rent, and trying to find a new rental Ward 4 property for the same price will appear to be very difficult, and therefore, each tenant could potentially receive the maximum allowed for relocation costs, which is $6,000. RON WELPER This would appear an opportune time to purchase these properties, as this is a priority Ward 5 block for redevelopment, and the Wiltfang properties need new furnaces, etc. due to BOB flooding. Instead of them putting more improvements into the properties, the City GREENWOOD would acquire. At-Large Staff recommends that the City Council approve the acquisition contract with Wayne sTEVE and Joanna Wiltfang to purchase the properties at 218-220 and 224-226 West Second SCHMITT Street to continue with future downtown redevelopment, as well as in addition to, At-Laqc $50,000 for potential relocation and closing costs. If you have any questions or concerns, please contact our office at 291-4366. Si Noel Anderson, Community Planning and Development Director Attachments ta:NA Cc: Aric Schroeder,City Planner Michelle Weidner,Finance CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma• Parcel ID: 8913-26-205-005 Deed Holders: a FAN ► F:► •:► ► u Parcel Address: 18-220 W 2ND ST, WATERLOO, IA 50701 '.., aid ' a " , �" � r x ":tea o . . .` „ a Leg9nd sa ecmn wrem�� �' roaa,��„a_ ,,� �' r 2,�r ;� r ..�,„ r, te'.. ..... anal Phawa a. a . . arraort &ack'''--G w 'fl� a ,.;� 4!:41 g . BreeaPt 3 fd' ram. k ^bi � - :g atr,.0 3 �(h. P 6s4,a: wrka_ E Cam:' ✓ � I' pyn a 4 404 a� a Nitia twprg r . a� 4, aryl.. . n ,r, .... WII/Oada , .. , 4r Se.... `?��rAidkW2kiji axwa jam( ', `� Water A .; "`F ..'. k' ' Patceis r _ a TorimshiP t.,.. City Urns )Ty'�' '�N ..lnt j ... railroatl dlm x ) „ .. ty r 3 _ ` ,{.t.'ilia';[ .. a� rrnama_ �. d1 �� �7V' T°` Ja'� 0 _'' 9ti� �„ �" _ y waq�me_ • 4 f.. -fie �3':"ii a. a « '''," ra gar � � � : ' r 1 , rx,fir � � �r/� � _ '� ���b 11� ` � �` ��1' ^��.i �`l. � w„ !81�41a t �� six �' :k�.: yy l ( -' 'Map fJtlated With Jl, ,$. .OP' '1 1i C �` j .'�`i{di�plfiG R � L'd _. -. ...� '� N^'k ... _.- to, Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street .ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo, Iowa 50703 4774 he Black Hawk County Assessor or their employees.This map is compiled from.official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contans Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor.co.black-hawk.ia.us.or• •etailed le•al information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 08/06/2008 Black Hawk County Property Photos Page 1 of 1 There is 1 photo of parcel 891326205005. ya4 s.,` ate. g ,o' KB"� r }d+.r �. .� �r stir ,� m r, , c . "w . .�" 'm w 3i d ae v Y, 94.`": 1,4,-•;.-„„t •,- .i.:::: --71`.-...••"..•, •-;"!".,,,,..:,Ar„, riAo „,,„,', ','•ili,;!,:,001,i,,,"Ail ift;',irp: 4•7,4i5T.- T., ...- ....„4,,,,...,.. ,',4-4,, 'ci,'1,:7,,,.' ,-,,i4,"4.7,00:11,0""n'''''''',144„4:=374, it4.--;4'1144. :-4.-EY,;,,hi;;,, ryryryry 4 3 i,: 0 r pL :" u w 1°^ i` sn :4. '",y^ n .a s .,�:.m'� ¢ '- "' w-e -� = ri�4 �+� ,, =rl'�' a air ^a ai � - l8- Zzc, W . ZI\Ya ..-r http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891326205005&... 08/06/2008 TOTAL ACQUISITION CONTRACT PARCEL NO. 91R-99A w 9nd Strpc+t(R911-9A-905-ffc) COUNTY Blnrk Hawk PROJECT nnwntnwn PrnpPrty Arq W 9nd and IPffprcnn ROAD NO.N/A THIS AGREEMENT is made and entered into this—1Z—day of .lunP ,A.D,20_08_by and between Wnynp N and Innnn M wiltfang Seller,and City of Waterloo,Iowa,Buyer. 1. SELLER AGREES to sell and furnish to Buyer a deed,on form(s)furnished by the Buyer,and Buyer agrees to buy the following real estate,hereinafter SAP AftnrhPd!Pan!1)Pcrripfinn County(or City)of WnfPrinn ,State of Iowa, and more particularly described on Page 3 and which includes the following buildings,improvements and other property none,ktnri only The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and discharges the Buyer from liability because of this contract and the construction of this public improvement project. 2. Possession of the premises 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 GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he 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. Buyer agrees to pay and SELLER AGREES to grant the right of possession,convey title and to surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ on right of possession June 17,2008 $ moving costs $ relocation payment $ $55,000 on possession $ TOTAL LUMP SUM BREAKDOWN: ac.=acres sq.ft.=square feet Land and all other improvements including Land by Fee Title 4900 sq.ft.$ $55 n0Q fence$ Underlying Fee Title ac./sq.ft.$ Building $ Notes:Property appraised at$55,000 by Bill Ramsey Inc.Appraisers,2623 Falls Avenue, Waterloo,IA 50701,dated February 14,2008. 4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: NA 5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises,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 good and sufficient title. Names and addresses of lienholders are: Nark Hawk (^aunty, lawn 9) Ilnknnwn until rampIPtinn of Ahctrnrt Cnntinuntian 6. Each page and each attachment is by this reference made part hereof and the entire agreement consists of pages. 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. SELLER WILL furnish and deliver to the City of Waterloo, Iowa,an abstract of title continued to date showing merchantable title to the premises in Seller. SELLER AGREES to obtain court approval of this contract,if requested by the Buyer, if title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to the Buyer,but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 8. If the Seller holds title to the premises 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. 9. SELLER AGREES to keep fire, tornado,extended coverage and added perils insurance in the minimum amount of $ ,payable to all parties as their interests may appear from this date until delivery of the deed and possession. Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises from causes covered by the insurance,SELLER AGREES to accept 1 the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer,and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer,and SELLER ASSIGNS to Buyer any and all of Seller's rights under such insurance contract. 10. This agreement shall become effective only upon the occurrence of the following three items: acceptance and approval of the contract by the City Council of the City of Waterloo;the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities(attached and made a part of this contract); and the acceptance and approval of a contract for the EDA Rath Brownfield Redevelopment project between the Iowa Department of Economic Development and the City of Waterloo. 11.This written contract 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. 12. The attached items listed on pages are a part of this contract,as if fully set forth herein. SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify theJ total lump sum payment shown herein is just and unpaid. 7 XX J )V 1/t/?,11 ail WnynP N Wiltfnng SC#- '(s `'j P ^ 7 7 6 6 XX r,m/yf) . �� / / Innnn M Wilffnng C CS#- 7Y,5-- :1/— 7 /,52i SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: SS: On this day of ,20 ,before me,the undersigned,personally appeared Wriyne N Wiltfang and lonnn M Wiltfang known to me to be the identical persons named in and who executed the foregoing .i ent and acknowledged that they executed the same as their voluntary act and deed. c. gia. My Commission Expires Notary Public in and for the State of Iowa APPROV�� • DED • Planning Director (Date) APPROVED Br ATTEST: (Mayor) (City Clerk/Auditor) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, COUNTY,SS: On this—day of ,AD 20—,before me,the undersigned,a Notary Public in and for said County,in said State, personally appeared Tim Hurley and Nancy Eckert to me personally known,who,before by me duly sworn, did say that they are the MAYOR and CITY CLERK/AUDITOR,respectively,of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said MAYOR and CITY CLERK/AUDITOR, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County 2 •Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma• Parcel ID: 8913-26-205-006 Deed Holders: (� : i ► A :► •: Parcel Address: 24-226 W 2ND ST, WATERLOO, IA 50701 .,..r.':'''''''' '. ...&.-- �� .. ,.t°r r "two ,�.Px ' �IJ� ..... rr Legend t iPk egg,' ;y� / BHeGttrtl pntce. O •. �? iv " ,py {V, t a �P w , 71011:: :-4., fVetlt(.fi ,�w„t + L 4a b�. t� ' ..t ' ii.r 41 no:J wWume Mfl.l PlrofU.a l d>9,s b •, <d' pars_ : . r 1.12 . ,:; st -'�'. i 1 k`� Wdroads ri Y p f T./MAW e' "•'i yam'+€C t - q F i$'. d,� .M ���r an Beabm,a 5 a °8+'" ,:40 x�trA Ere{1` € ' 1� n;: ^ water ° $" � `� ,� �' p h Hl't^��" :. 'z` w.+" rn9aam•way ro 6. r § a ¢� 5 , LirmaxMlP I" ,t•( s .. t'Ubi �� ti r 4y wetern.ma_ r .:w ? :`' - b �" .AB ate. -; :. q. ��'; '� M .; ..bra a e p "z' . nle i t � -� d .ram Ya�� ' > �k � �r "r ;� eA ,E i ' � :�� k ..-,..,:„..-g S,r �. J5t'N . 2 E'' .gyp 't ( Map od,Mnn, rs.c nI>ct r�z.aa1 R1 nc **Ai . 54fs su �M... . Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street -ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo, Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more E-mail:auditor.co.black-hawk.ia.us.or. .etailed le.al information. 08/06/2008 http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... Black Hawk County Property Photos Page 1 of 1 There is 1 photo of parcel 891326205006. m fin, A as "� rvy . = i !r! .� F ` it m. . ...... � � N is P�- `� x�UrH! :, y pi g T�y /"', N w T a (�i� ( N td,l 0 + 1! "? ".. r xx 4�%YI , � A � 34 ,� 4%Wile, slur p s s 6 � 9��a ag "7 224-Z2-14' \nl . 2_kND .4--. http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891326205006&... 08/06/2008 TOTAL ACQUISITION CONTRACT PARCEL NO. 994-996 W grid StrpPt(R91R.96-9ns.noc) COUNTY Rlnrk Hnwk PROJECT nowntnwn Property Arr.! W grid and IPffprcnn ROAD NO.N/A THIS AGREEMENT is made and entered into this—17 day of hinA ,A.D,20_08—by and between WnynP N and Joann M Wilffnng Seller,and City of Waterloo,Iowa,Buyer. 1. SELLER AGREES to sell and furnish to Buyer a deed,on form(s)furnished by the Buyer,and Buyer agrees to buy the following real estate,hereinafter SPP Attnrhprl I Pgol DPcrripfinn County(or City)of WntPrinn ,State of Iowa, and more particularly described on Page 3 and which includes the following buildings,improvements and other property:nnna,land any The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and discharges the Buyer from liability because of this contract and the construction of this public improvement project. 2. Possession of the premises 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 GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he 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. Buyer agrees to pay and SELLER AGREES to grant the right of possession,convey title and to surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ on right of possession June 17,2008 $ moving costs $ relocation payment $ $5A,315 on possession $ TOTAL LUMP SUM BREAKDOWN: ac.=acres sq.ft.=square feet Land and all other improvements including Land by Fee Title 4700 sq.ft.$ $51 315 fence$ Underlying Fee Title ac./sq.ft.$ Building $ Notes:Property appraised at$54,000 by Bill Ramsey Inc.Appraisers,2623 Falls Avenue, Waterloo,IA 50701,dated February 14,2008,and the assessed value of the property is$62,630. The property owner has agreed to meet at the midpoint between$54,000 and$62,630 for a final offer of$58,315. 4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: NA 5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises,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 good and sufficient title. Names and addresses of lienholders are:Rlnrk Hawk County Inwn 9) unknown until romplPtion of Ahcfrnrt Conlin'nfirm 6. Each page and each attachment is by this reference made part hereof and the entire agreement consists of pages. 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. SELLER WILL furnish and deliver to the City of Waterloo, Iowa,an abstract of title continued to date showing merchantable title to the premises in Seller. SELLER AGREES to obtain court approval of this contract,if requested by the Buyer, if title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to the Buyer,but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 8. If the Seller holds title to the premises 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. 9. SELLER AGREES to keep fire, tornado, extended coverage and added perils insurance in the minimum amount of $ ,payable to all parties as their interests may appear from this date until delivery of the deed and possession. Buyer shall notify all insurance companies of this contract. In case 1 of loss or destruction of part or all of the premises from causes covered by the insurance,SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer,and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer,and SELLER ASSIGNS to Buyer any and all of Seller's rights under such insurance contract. 10. This agreement shall become effective only upon the occurrence of the following three items:acceptance and approval of the contract by the City Council of the City of Waterloo;the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities(attached and made a part of this contract); and the acceptance and approval of a contract for the EDA Rath Brownfield Redevelopment project between the Iowa Department of Economic Development and the City of Waterloo. 11.This written contract 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. 12. The attached items listed on pages are a part of this contract,as if fully set forth herein. SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lump sum payment shown herein is just and unpaid. xx Lt'�G:J �if1-c WnynP N Wiltfnng CS#_ *6 O - 7 xx /1 ) /c !� Q 4--(/ JJ1"tl_ %a inrinn M Wilifrng cC#- T i�J'u ! i'J SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: SS: On this day of ,20 ,before me,the undersigned,personally appeared Wnyne N Wiltfang rind Inann M Wiltfang known to me to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. "a s TIM ANDRA Commission Nw738 * My CommisNon 4, a/..644--j Notary Public in and for the State of Iowa APPROVAECO ED B Planning Director (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk/Auditor) DATE APPROVED. BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, COUNTY,SS: On this—day of ,AD 20..,before me,the undersigned,a Notary Public in and for said County,in said State,personally appeared Tim Hurley and Nancy Eckert to me personally known,who,before by me duly sworn, did say that they are the MAYOR and CITY CLERK/AUDITOR,respectively,of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of it's City Council;and that the said MAYOR and CITY CLERK/AUDITOR, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County 2 Legal Descriptions —Property Acquisitions 218-220 West 2nd - ORIGINAL PLAT WATERLOO WEST NE 70 FT LOT 10 BLK 4 224-226 West 2nd - ORIGINAL PLAT WATERLOO WEST SW 70 FT LOT 10 BLK 4 !9- i 1-iq CITY OF WATERLOO, IOWA COUNCIL RECORD 22 . that communication from Community Planning & Development Director transmitting Total Acquisition Contract with Wayne and Joanna Wiltfang for 218-220 West 2nd Street for $55, 000.00 and 224-226 West 2nd Street for $58, 315.00, and $50, 000.00 for potential relocation and closing costs, be received, placed on file and "Resolution approving said contract" , be opted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: ,9L ilk/ i . AtICAA o e uW Re�ol uutLion adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE 1� MR. GETTY MR. HART C� MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT XI ,ii e 0 b o m .rt o---I 70 Pt/ n z n co N 0 W 'd n rn (D _ �9 b H O ro n 0 (D N• 0 n (D ct u• ti o H r N a lD rr 0 n N 0 ~, H EHi n r a a a n a. `a . rr . dO H Do tx1 0 0 , , �, z n H 8 H DP 0 N• rr It A .. , - • H O Di z �0 o rp. .�,. , 4._ , H z H ' . 0 1 l^ TO l z O a sp. 4- ct, rS t 0' ~ _ CaAL 41, AL 0 • 1a_ ;VP a 1 ': E b A qi rr :� i• a �l' r R This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-683 RESOLUTION APPROVING APPLICATION WITH CEDAR FALLS TOURISM AND VISITORS BUREAU FOR GRANT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application dated August 11, 2008 for grant in the amount of $2, 200 . 00, to be used for marketing and advertising efforts for the annual Holiday Arts Festival, by and between the Cedar Falls Tourism and Visitors Bureau, and the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this llth day of August, 2008 . ‘t - Reggie Schmitt, Mayor Pro Tem ATTEST: ( V\_c y Cc d, Nancy Eck t, CMC City Cler 11 1 DATE: July 29, 2008 TO: Mayor and City Council FROM: Cammie Scully, Director Cultural and Arts Commission alcia7., RE: GRANT PROPOSAL The Waterloo Center for the Arts would like to apply for a grant through the Cedar Falls Tourism and Visitors Bureau for $2,200. This funding will support marketing and advertising efforts for the Center's annual Holiday Arts Festival. This grant request does not require a match. We therefore request permission of the Mayor and the City Council to authorize the submission of this grant proposal. Thank you for your consideration of this request. CITY OF WATERLOO, IOWA COUNCIL RECORD 23 . that communication from Director of Cultural & Arts Commission transmitting application for a Cedar Falls Tourism and Visitors Bureau grant in the amount of $2,200.00 to be used for marketing and advertising efforts for the annual Holiday Arts Festival, be received, placed on file and "Resoluti n approving said application" , be adopted. Ayes: ,� dee4Ue J�*�i� Reso u ion adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD // MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT 4/ cn r• cD n hi 0 m m rr tsi ti 0 ro t' to N 0 W ro n rn (D i �` � ro H ro C� o m r p n CD (t i u. �► 0 H t' 0 r' a cu rr 0 0 n N. fD . Pi 1-3 I-I g rta a m CD coo 0 P` ' 0 - ` r• a CD (D - IH o H > tri 0 0 � 4 q i e'f z n H 0 0 PtJ p'®-- PI' H 11 zOP z 4ii. �1� p H o 11. z ‘ w p e I. F� z J lik XI 0.4 ► •; ,,,'"w• (D II • ro r. �, N ,.... 0 CI p 1 a VIM Ni0 `.• jt: � iw (D we a fib t � y CITY OF WATERLOO , IOWA TRAFFIC OPERATIONS & PARKING MAINTENANCE DEPT. ya`� 408 E. Sixth St. • Waterloo, IA 50703 • (319) 291-4440 Fax (319) 291-4094 '6'000 A0 SANDIE GRECO • Superintendent, Traffic Operations &Parking Maintenance Mays);- August 7, 2008 TIMOIHY J. HURLEY Honorable Tim Hurley, Mayor COUNCIL City Council Members MEMBERS Ctiy Hall 715 Mulberry Street REGINALD A. Waterloo, Iowa 50703 SCHN IITT Ward RE: Ordinance Change — Yield on Linn Street CAROLYN COLE Dear Mayor Hurley and Council Members, Ward 2 HAROLD A safety concern at the intersection of Linn Street and Ricker Street was GETTY brought to the attention of the Traffic Operations Department. A traffic study Ward 3 conducted by the Traffic Engineer confirmed that this intersection has been experiencing an average of one injury accident per year. The location bears QUENTIN M. corner site distance problems and all accidents have involved a southbound HART Ward 4 vehicle on Linn Street. A yield sign will properly assign right of way at the corner. RON WELPER Ward 5 I am requesting the Council adopt an ordinance for yield signs to be installed on Linn Street at the intersection with Ricker Street. This ordinance change is BOB scheduled to be on the agenda for Monday, August 11, 2008. GREENWOOD At-Large If you have any questions regarding this ordinance change, please give me a STEVE call. SCHMITT At-Large Sincerely, andie Greco Traffic Operations Superintendent C:Tom Jennings, Chief of Police CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer )c1 -/ -- CITY OF WATERLOO, IOWA COUNCIL RECORD ORDINANCES TO BE ADOPTED 24. _ )/1---- / t/....) that "an Ordinance amending the 2008 Traf. 'c Code by adding Subsection (9a) Linn Street to Section 546, Yield Intersect' nS installing yield signs on Linn Street at the intersection of Ricker Street) " , e receive. . ace. .- file, considered and passed for the first time. Ayes: S . Motion carri a(A9,al : ga "16°-e' 4-11. 8*' AYES NAYS ABSENT ABSTAIN MS . COLE V/ MR. GETTY (/ MR. HART V-- MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER V MR. REGGIE SCHMITT / 10 x d 0 P_ •' x I cn 4 x ro n 7d n a) w CD II 'CI 0 • - (D �' ► k. t1 t� 0 ro tri Go H 0 w ro n it rn m �±�► •� 'Id H ro n o c: �• 0 II cr . • � .. 0 H r 0 N a () ct 0 0 n F+• 4 (D 0 H H n a CD m m w it ti rt r OH >4 zi o• a' M '- a n.0 i lb. z >f H C7 O p• , o �n �, " •''� ,�j 1 , H o > Z ., - 0 z H o z o (S.....0 ` r z P 4 O4 N ► a1 "` „ r rn k a 1 . This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-684 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON BIDS RECEIVED FOR THE PURCHASE OF A NEW TARGET SYSTEM FOR THE POLICE DEPARTMENT TRAINING CENTER, IN THE CITY OF WATERLOO, AS AUGUST 25, 2008, AT 5: 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 25th day of August, 2008, for the purpose of holding a public hearing on bids received for the purchase of a new target system for the Police Department Training Center, in the City of Waterloo. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this llth day Au ust, 2008 . - 401/14'f Reggie Schmitt, Mayor Pro Tem I ATTEST: C.- Ir\ t(1) Nancy Ec , CMC City Cler • Ii , CITY OF WATERLOO , IOWA T1 iiitql-pwit 'PT- WATERLOO POLICE DEPARTMENT .....�. o. Cr 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 %T.) N THOMAS J.JENNINGS • Chief of Police /160.44/t 3 5- Or Mayor TIMOTHY J. HURLEY August 7, 2008 COUNCIL Honorable Timothy J. Hurley, Mayor MEMBERS Waterloo City Council REGINALD A. Dear Mayor Hurley and Council Members: SCHMITT Ward 1 The Waterloo Police Department has been having constant maintenance issues with the target system at the Police Training Center. An operational target system CAROLY is essential to proper trainingof the officers and reduced liabilityto the city. COLE p p INctrd In order to correct this problem we sought bids to replace our existing system with HAROLD a new more modern and functional system. The bids submitted were Action GErd 7 Target, $25,785 and Mancom Firearms Training Systems, $55,913. Because the Ward 3 bids came in over $25,000 we are requesting the Council set a date of hearing for QUENTIN M. August 25, 2008. At that time I would recommend that we accept the low bid HART from Action Target of Provo Utah in the amount of$25,785. VVar 14 RON Thank you for your attention to and consideration of this recommendation. \YELPER Ward' Sincerely, BOB GREENWOOD (�.• d At-Large Tho s J. Jenning Chief of Police STEVE SCHMITT .At-Large C: Nancy kert, City Clerk Michelle Weidner, CFO File CITY WEBSITE: www.ci.waterloo.ia.us VIGILANCE WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer / 2 7 /7 CITY OF WATERLOO, IOWA COUNCIL RECORD NEW BUSINESS 25. that communication from Police Chief transmitting request to set date of hearing on purchase of a new target system for the Police Training Center, be received, placed on file and "Resolution setting date of hearing as August 25, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request" , be adopted and City Clerk instructed to publish otice of ysame. Ayes: /Re l�ution adopted and upon approval by Mayor Pro Tern assigned No. 2008- 4, AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT +/ 161R. WELPER MR. REGGIE SCHMITT f/ CoPi oil ti 0 ,11 pi Z ; r-- .. 4( cn ),..... , (D 0 So 'ti " CDD (1) r* =' v O H r O �,4 g. O a a CD < 0' n H. . ' '�` n i • ' • y H n N• ¢' a n a `° ' c r'► z H 1 Czi-3 1' o x 0 IAH 0 a Z W 0 M �4.1, 07.! O Z H a t L.' e ,A. ae rrtl.'t ►. i. N.) ► , 0 a 0 l rfi ro - . . ct a) a /9 -/G/ es CITY OF WATERLOO, IOWA COUNCIL RECORD 26. J�2 to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract • . be received, placed on file and approved. Ayes: ej Doti• carried. 1� g__--' Q�G AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT d 0 I►' r. cn XiPT' n zI n ,. 0 H r O it a n r0r o 0 n rt �. 1. c) ,.. Pd H H g o a m c o n o t o H H n H. a CD CD a. �• * Z n H Z w �y H 0 w rt M : w , art. H 0 0 H z H Z 4ob... ► Alb `w O H 14 z o N. rt ye a ► rn . o � ;�r L ro . _4 CD a /2 1 L ' g CITY OF WATERLOO, IOWA COUNCIL RECORD 26. tj_di that plans, specifications, form of contract, etc. in conjunction with F.Y. 2009 Sidewalk Repair Block Grant Program - Contract No. 751, be received and placed on file. Ayes: 5 . Motion carried. g/Aoer1/4Z: 41) * / AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT t a > Pt XI Z .` 4 i�4 VI + _P . w a� PO n > z+ n CD P. m n PO 0 co m ;r �, ti ti 0 ro t' to H 0 w ro n M m tC - I! ,. o CD r• 0 n CD rt , �► �.,. 0 H r 0 1# o a a CD C '.7' H H. !� ` CD 1111 A, . :v H H cr a (D CD CD w r r H H n a a �' It e t �. z y, H z o �' o 1. 0 '. ,..! r .i �i�" Z O CD w tir 0 n CD a � w I This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-685 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , FOR THE F.Y. 2009 SIDEWALK REPAIR BLOCK GRANT PROGRAM - ZONE 8, CONTRACT NO. 751 . WHEREAS, the City Council previously instructed the City Engineer, to prepare and file plans, specifications, form of contract and preliminary estimate of cost, etc. , for the F. Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751, in the City of Waterloo, Iowa, as specified in the specifications, and WHEREAS, the City Engineer has filed said plans, specifications, form of contract and preliminary estimate of cost, etc. , and the Council of the City of Waterloo, Iowa, having considered the same . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said plans, specifications, form of contract and preliminary estimate of cost, etc. , be, and the same are hereby preliminarily approved. PASSED AND ADOPTED this llth day f A gust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Eck t, CMC City Cler / 1Cgc) CITY OF WATERLOO, IOWA COUNCIL RECORD 26. that "Resolution preliminarily approving plans, specifications, form of contrct, etc. in conjunction with Above d cribed project" , be adopted. Ayes: Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART (/ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER L 7T) MR. REGGIE SCHMITT fD P. (D K ro 0 M fD 7 & 4r +� to ro H ° b n pd CO H 0 'Li Pi rn M 1 ... ,� ,. O m r• 0 n m ct '- u• + O H C 0 it H a cD rr 0 n n N cD '��` . . x H H G a M C 0' n 0 . .4 r' S, 0 \ H H Cl X til P.rt a s 0 a ' - ~ �' 1 Z n 0 H H ►� O 7c' 0 �1Ire, H p N C? M R �lk , • H Z H (IF , J �' O t1 Z O • a .1011e, , Z ta' A in ` • . 7:1 i.. --te . il ►y 0' . a -I. Ili �, N ~ `` t �!1 0 O O : h. M ro rt. C a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-686 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE F. Y. 2009 SIDEWALK REPAIR BLOCK GRANT PROGRAM - ZONE 8, CONTRACT NO. 751, IN THE CITY OF WATERLOO AND THE TAKING OF BIDS THEREFORE, AS AUGUST 25, 2008, AT 5: 30 P.M. AT CITY HALL COUNCIL CHAMBERS AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 25th day of August, 2008, for the purpose of holding a public hearing on proposed plans, specifications, form of contract and estimate of cost for the F. Y. 2009 Sidewalk Repair Block Grant Program - Zone 8, Contract No. 751, in the City of Waterloo. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this llth day of August, 2008 . All !Lid- .•41 Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ecke , CMC City Cler f \,--- rII CITY OF WATERLOO , I O WA �... ,.�.. WATERLOO ENGINEERING DEPARTMENT ..,....'� y% 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 %WO N° ERIC THORSON,P.E. • City Engineer email: city.engineer@waterloo-ia.org Mn1o, 44,, - GAS TIMOTHY J. August 5, 2008 G �C. HURLEY A081108 COUNCIL MEMBERS Honorable Mayor Hurley and Council Members Waterloo City Hall REGINALD A. Waterloo, IA 50703 SCHMITT Ward I CAROLYN RE: F.Y. 2009 SIDEWALK REPAIR BLOCK GRANT PROGRAM —ZONE 8 COLE CONTRACT NO. 751 Ward 2 HAROLD Honorable Mayor Hurley and Council Members: GETTY Ward i Transmitted herewith are the Notice to Bidders, Notice of Public Hearing and OLTENTIN VI. the Plans and Specifications for the F.Y. 2009 SIDEWALK REPAIR BLOCK HART GRANT PROGRAM —ZONE 8, Contract No. 751, as prepared by the City IV/ 4 Engineer's Office. \VELELPER It is recommended that Council approve these documents, set August 25, tv s 2008, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. BOB GREENWOOD 4t-Carte Sincer ly, STE\'E SCHMITT At-Large Denni . Gentz, P.E. Assi ant City Engineer cc: Louis Starks, Contracts and Grants Coordinator CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 26. that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 25, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described pro'e t" , be adopted and City Clerk instructed to publish notice of same. Ayes: .L9/6, t4,1 Rnition adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS . COLE �^ MR. GETTY MR. HART MR. GREENWOOD / MR. STEVE SCHMITT v MR. WELPER MR. REGGIE SCHMITT l/ t m d n ro o m m ., •..� cn ,;! . ro n Pc, n M.MI. A txi txi 0 ro Lxi :o m 0 w ro n M M ,ia. & .� ,� , o ffr o cr u.N a ( r1' 0 0 n h .a• ► x Ha• •A 0 ► w. ti � H H H z N• a a p, c0i a ` ' r% ' t .., z ( F-3 �" 0 Ni H 0 ?C 0 � 0 0 M 5k. ►` . ` ` �, !4�' H 0 H • o I s " ` 0 H }`3 3 at z °z a. -Ns_Ai r' 1 'b - —a f IF rP 0 1. ti x le O a O 1. '„„, Ft rt /g7 (. )' CITY OF WATERLOO, IOWA COUNCIL RECORD 27. to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with Young Arena Messa e Center, be received, placed on file and approved. Ayes: rj . --notion carrie a : //cwt� 44r. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT cD N- rD ti Ri 0 CD CD ►� �. I owl b H 0 ro n PJ 0 H 0 a PO HI (D !� �• •. 0 H t' 0 4# h0-+ CD H- (~D r1 0 Cl CD N (D :�� H H g 0 a (D C 0' 0 ram- A* n s ' H H n .. ct H. a 0 0 CD LAa, n a • .. ` �� .. Z C] H Z 0 N' 0 r v. y O 0 4 lk 0 . Z a ■. CD - d, 0 - rt . 1 a) i m0 N.) . 0 a �`' HI 0 ke a / 0- 7&-3 CITY OF WATERLOO, IOWA COUNCIL RECORD 27. that plans, specifications, form of contract, etc. in conjunction with Young Aren Message Center, be received and placed on file. ' Ayes: pS tion AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ::I '11 Cy�7 fib �y' 'rJ iU 'Z II , '. cr o 'X1 PC1 0 > 'M 0 0 CD w 0 n cn rr '` o ff r o ►-' a cD (Ir 0 n n ' rr y no a o th r' H a. m , rt a a 'v ' Z H zo x' 115 o • —Z o 4- 1-3O �' 0 Rg.. .......,,,... O Z H IPZ O lb. moo ' z W di Cirt NJ la e . o Cu hr 0 o litM ro I c m a • This Resolution prepared by Nancy Eckert, City C:_erk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-687 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , FOR THE YOUNG ARENA MESSAGE CENTER. WHEREAS, the City Council previously instructed the Leisure Services Director, to prepare and file plans, specifications, form of contract and preliminary estimate of cost, etc. , for the Young Arena Message Center, in the City of Waterloo, Iowa, as specified in the specifications, and WHEREAS, the Leisure Services Director has filed said plans, specifications, form of contract and preliminary estimate of cost, etc. , and the Council of the City of Waterloo, Iowa, having considered the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said plans, specifications, form of contract and preliminary estimate of cost, etc. , be, and the same are hereby preliminarily approved. PASSED AND ADOPTED this llth day f A gust, 2008 . Reggi Schmitt, Mayor Pro Tem ATTEST: Nancy Ec t, CMC City Cle i CITY OF WATERLOO, IOWA COUNCIL RECORD 27. that "Resolution preliminarily approving plans, specifications, form of conttct, etc. in con unction with ab ve described project" , be adopted. Ayes: , Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- 1, $7 AYES NAYS ABSENT ABSTAIN MS . COLE // MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT ✓ MR. WELPER MR. REGGIE SCHMITT 4/7 rD N• cD n ro 0 m (D E. ^ + CI cXI O PotX co 0 w ro PIrn cD -. ro y ro n O (D N II !D ct . u. O H r 0 i* I--i 0. (D rt 0 0 PI N• .` 1 (D P ;i! H H g. N a s 0 a `� rt t ` y °z 0 y O M'' 0 . ' H s Ob 1► Q H i .: `b:, Z 12 GL .w ti a CD n • b. f« s' a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-688 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE YOUNG ARENA MESSAGE CENTER, IN THE CITY OF WATERLOO AND THE TAKING OF BIDS THEREFORE, AS AUGUST 25, 2008, AT 5: 30 P.M. AT CITY HALL COUNCIL CHAMBERS AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 25th day of August, 2008, for the purpose of holding a public hearing on proposed plans, specifications, form of contract and estimate of cost for the Young Arena Message Center, in the City of Waterloo. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this llth day Au ust, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST : 1 ra2_,_fi- Nancy Ec] rt, CMC City Cle 041-CriN CITY OF WATERLOO , IOWA WATERLOO LEISURE SERVICE5 COMMIS510N 1101 Campbell Ave. • Waterloo, IA 50701 • (319) 291-4370 • Fax (319) 291-4297 PAUL HUTING • Leisure Services Director as- Ur May01 August 5, 2008 rJ TIMOTHY J. goo �. °ef b g- a 7 HURLEY Mayor Tim Hurley City Council Members COUNCIL City Hall MEMBERS Waterloo, Iowa REGINALD A. Dear Mayor and Council Members: SCHMITT Ward 1 This is to request that Council adopt resolutions to preliminarily approve the plans CAROLYN and specifications for the Young Arena Message Center, and to instruct the City COLS Clerk to publish notice of hearing on plans, specifications, etc. and taking of bids, Ward 2 and to set date of hearing and bid opening as August 25, 2008. HAROLD GETTY This project is to replace the current message centers with a single L.E.D. message Ward 3 center on the southeast corner of the building. Funding is available through the QUENTIN M. C.I.P. program and Mid-American energy rebates for this project. HART Ward Please contact me with any questions. Thank you for your consideration of this RON matter. WELPER Ward 5 Sincerely, BOB GREENWOOD Paul Huting STEVE Leisure Servi s Director SCHMITT At-Large cc Clerk/Finance Louis Cutwright CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer s CITY OF WATERLOO, IOWA COUNCIL RECORD 27. that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as August 25, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described pro' ct" , be adopted a City Clerk instructed to publish notice of same. Ayes: ' GYii+� /l44ATemIi NiS Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008- Ug . AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER (/ MR. REGGIE SCHMITT (1D N (CD rat PO 0 ((DD (1D .. ' ,, tri tsi o Pt t+] D5 0 w 'b rt rt CD )1, ro H ro n u. o H r O N a N rcr 0 0 H N ► (D r P., H Hrr3�, rt a a (CD (MD CDW ,. rr IAz I-I H tz H O H. 0 M a H Z H z W ► o H N. a .. I. t ,.t I (IL. Is I a0 it, rh 3 rt. a, fib hp This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-689 RESOLUTION AUTHORIZING TRAFFIC OPERATIONS DEPARTMENT TO INSTALL TEMPORARY NO PARKING SIGNS ON THE SOUTH SIDE OF OLESON ROAD BETWEEN HAMMOND AVENUE AND BETHEL STREET. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the installation of temporary No Parking signs on the south side of Oleson Road between Hammond Avenue and Bethel Street, be and the same is hereby approved and the Traffic Operations 1 Department authorized to install same. PASSED AND ADOPTED this 11th day Au ust, 2008 . CiANJ/ 7 Reggie Schmitt, Mayor Pro Tem ATTEST: Nancy Ecl t, CMC City Cle _, 11q, CITY OF WATERLOO , IOWA TRAFFIC OPERATIONS & PARKING MAINTENANCE DEPT. 408 E. Sixth St. • Waterloo, IA 50703 • (319) 291-4440 Fax (319) 291-4094 41eri00 SANDIE GRECO • Superintendent, Traffic Operations &Parking Maintenance August 6, 2008 Mayor TIMOTHY J. HURLEY Honorable Tim Hurley, Mayor City Council Members COUNCIL. City Hall MEMBERS 715 Mulberry St. Waterloo, Iowa 50703 1 REGINALD A. SCHMITT RE: Temporary No Parking Signs-- Ridgeway Ave. Detour Ward 1 CAROLYN Dear Mayor Hurley and Council Members, COLE Ward 2 Due to the construction and closing of Ridgeway Ave., there has been a HAROLD detour rerouting traffic along the 1000, 1100 and 1200 blocks of Oleson GETTY Road. The Traffic Operations and Engineering Departments are very Ward 3 concerned with the safety of residents living along this street with the increase of traffic. Residents have been notified by mail of the temporary no parking QUENTIN M. resolution. HART Ward 4 Therefore, I am asking the Council to pass a resolution granting temporary RON 'No Parking' signs to be installed on the south side of Oleson Road between WEEPER Wards Hammond Avenue and Bethel Street. Parking is prohibited on the north side of Oleson Road at the present. BOB GREENWOOD This resolution is scheduled to be on the agenda Monday, August 11, 2008. At-Large STEVE Sincerely, SCHMITT At-Large *74(36.:(}ellAxeer Sandie Greco Traffic Operations Superintendent c: Chief Jennings, Police Department Chief Carter, WFR Dennis Gentz, Assistant City Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer /9 7‘0.9C CITY OF WATERLOO, IOWA COUNCIL RECORD 28. a / 9 that communication from Superintendent of Traffic Operations transmitting request to install temporary No Parking signs on the south side of Oleson Road between Hammond Avenue and Bethel Street, be received, place/d_ on file and "Resolution approving said request" , be adopted. Ayes: ez ^�' '� Resoolu jion adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYE/S NAYS ABSENT ABSTAIN MS . COLE v AMR. GETTY MR. HART Z MR. GREENWOOD V MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT V/ (ID N 0 n b 0 CD X . i..�! , to Pt/ n Ca cn N b n r�i, rz , ti 0, • p` tzl VI o ro 70 ' 'IC H n �. ` `► O Oa � n r . (DG a (D N ►� Fern" H H r* a D D W ► H H a' a' ', hi0 0 Z n H tx1 p � s r . a r. y H 07 H 0 o oZ w - i H z 0 H % w •rr ,.ti Z o P.‘ a 1I ii IC . 11 b r k ,> N !61/4 , r r ill, IN 0 Cr '► (D �'Ili. a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-690 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE SALE AND CONVEYANCE OF FIRE STATION NUMBER 8 GENERALLY LOCATED AT THE NORTHWEST CORNER OF LAPORTE ROAD AND SAN MARNAN DRIVE TO FIRST EQUITY ACQUISITIONS, LLC AS AUGUST 25, 2008, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa shall meet at City Hall Council Chambers in the City of Waterloo, Iowa at 5 : 30 p.m. on the 25th day of August, 2008, for the purpose of considering and acting upon a proposal to sell and convey Fire Station Number 8 generally located at the northwest corner of LaPorte Road and San Marnan Drive to First Equity Acquisitions, LLC, and legally described as follows : That part of the Northeast Fractional i of Section 2, Township 88 North, Range 13 West of the 5th Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows : Commencing at the Northwest corner of said Northeast Fractional 1,1; thence North 89°55' 33" East along the North line of said Northeast Fractional a distance of 1200 . 35 feet; thence South 00°04' 27" East 134 . 75 feet to the Northerly corner of Parcel "F", Plat of Survey in the Northeast Fractional of Section 2-88-13 recorded in Book 574, Page 153 in the Black Hawk County Recorder' s Office; thence South 33°57' 15" East along the Northeasterly line of said Parcel "F" 520 . 00 feet to the Easterly corner of said Parcel "F" and the point of beginning; thence continuing South 33°57' 15" East 153 . 50 feet; thence South 48°12' 36" West 217 . 80 feet; thence North 41°27' 52" West 155 . 15 feet to the beginning of a curve to the right, said curve having a radius of 680 . 00 feet, concave Northeasterly; thence Northwesterly along said curve 54 . 67 feet through a central angle of 4°36' 23" and having a chord bearing North 39°09' 56" West 54 . 66 feet to the Southwesterly corner of said Parcel "F"; thence North 61°58' 51" East along the Southeasterly line of said Parcel "F" 242 . 31 feet (242 . 29 feet record) to the point of beginning. Containing 0 . 953 acres, more or less, all in the City of Waterloo, Black Hawk County, Iowa; for $2 . 1 million, plus costs . Resolution 2008-690 Page 2 Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this llth day of August, 2008 . Reggie Schmitt, Mayor Pro Tem ATTEST : Nancy Ec] t, CMC City Cle CITY OF WATERLOO , IOWA iiivT WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 °t@nd0 NOEL ANDERSON • Community Planning&Development Director 1.46, t,e;y6 g j5— c)W m yor TIMOTHY I. August 7, 2008 HURLEY The Honorable Tim Hurley, Mayor COUNCIL and City Council Members MEMBERS City Hall Waterloo, Iowa 50703 REGINALD A. SCHMITTDear Mayor and Council: Nand I As you may recall, the City of Waterloo previously requested bids for the CAROLIN potential sale of Fire Station Number 8 (Crossroads — at northwest corner of COLE La Porte Road and San Marnan Drive). Please see the attached Purchase IVnr,l 2 and Sale Agreement. HAROHLD ARD Since that submittal of interested buyers back in May 2007, the City of Ward; Waterloo has been working with First Equity Acquisitions LLC, the high bidder, on wording, investigation of information, etc. for the agreement QUEN'HART FIN tit attached to this letter. This agreement has been put together to: War,/4 1. Sell the property for an amount to cover the city's costs to construct a RON new fire station `VELFER 2. Allow the City sufficient time to construct a new fire station I van/: BOB This agreement would sell the property for $2.1 million and include GREENWOOD provisions for the buyer to go through their due diligence, as well as allow At-Large the City time to design, bid, and construct a new fire station. STEVE SCHMITT Therefore, we would ask that the City Council set a date of public hearing At-L`s .e and publish an official notice pertinent to the request to sell and convey the property, as described by the enclosed Purchase and Sale Agreement to First Equity Acquisitions, LLC for $2.1 million. If you have any questions or need any additional information regarding this matter, please contact our offce. Since , Noel Anderson Community Planning & Development Director Attachments CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CrossroadsFireStation sale 1 24-Jul-08 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (this "Agreement"), between The City of Waterloo, Iowa ("Seller"), and First Equity Acquisitions, LLC, an Illinois limited liability company ("Purchaser"), is entered into as of the date the last one of the parties executes this Agreement and gives notice of its execution to the other party (the "Effective Date"). Recitals A. Seller is the owner of that certain real property (the "Real Property") consisting of approximately 1.03 acres located at northwest corner of San Marnan and LaPorte in Waterloo, Iowa, bearing a street address of 1812 LaPorte Road, Waterloo, IA 50702, and more particularly described in the legal description attached as Exhibit A, which is incorporated herein by reference. B. Purchaser desires to purchase the Real Property and any rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, roads, alleys, accesses and rights-of-way, and any buildings, structures and improvements on the Real Property (collectively, the "Property"), and Seller desires to sell the Property on the terms and conditions in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the respective representations, warranties, agreements, covenants and conditions herein contained, and other good and valuable consideration, Seller and Purchaser agree as follows: 1. PURCHASE AND SALE: Seller agrees to sell and Purchaser agrees to purchase the Property (as legally defined in Exhibit A attached hereto), upon the terms and conditions contained in this Agreement. The Property shall include any rights and appurtenances pertaining to the Property, including any right, title and interest of Seller in and to adjacent streets, roads, alleys, accesses and rights-of-way, and any buildings, structures and improvements on the Property, all subject to the terms and conditions in this Agreement. The interest in the Property to be conveyed by Seller shall be all rights of Seller as owner of the Property. After Closing, Seller shall retain any governmental powers and authority which it may have concerning the Property pursuant to the laws of the State of Iowa or applicable codes or ordinances of the City of Waterloo. 2. PURCHASE PRICE: The purchase price for the Property shall be Two Million One Hundred Thousand Dollars ($2,100,000.00 ) (the"Purchase Price"), which shall be payable as follows: (a) Within ten (10) business days after the Effective Date, Purchaser shall deposit into an interest bearing account with Escrow Agent (as hereinafter defined) the sum of Ten Thousand Dollars ($10,000.00) as an earnest money deposit (the "Earnest Money"). (b) On the Closing Date (as hereinafter defined), Purchaser shall deposit with Escrow Agent the balance of the Purchase Price in cash or in immediately available funds, subject to the adjustments and prorations provided for in this Agreement. 3. ESCROW: Purchaser and Seller shall establish an escrow ("Escrow") with Chicago Title Insurance Company (the "Escrow Agent") upon delivering the Earnest Money to the Escrow Agent, in accordance with the terms of the earnest money escrow instructions, attached hereto as Exhibit B, and made a part hereof by reference ("Escrow Instructions"). 4. SELLER DELIVERIES: Within five (5) days following the Effective Date, Seller shall deliver to Purchaser true and correct copies of the following documents relating to the Property, to the extent that same are in Seller's possession or control in its role as owner of the Property, but excluding documents relating to the City's regulatory authority concerning the Property: (a) All leases, subleases and assignments of leases, (b) All service contracts, warranties and guarantees, S C C\031949.0004\d 18\v5 Page 1 (c) All books, records, legal documents and other information concerning the physical condition of the Property, (d) All site plans, engineering plans and specifications, landscape plans, architectural and civil plans and specifications, (e) All existing surveys, topographical maps, Seller's owner's title insurance policies, title commitments, permits, attorney opinions of title, abstracts of title, subdivision plats, documents constituting covenants, conditions and restrictions, reciprocal easement and/or parking agreements, utility will-serve letters and zoning letters, (f) All documents concerning pending or threatened legal actions and/or notices of violations of laws with respect to the Property, (g) All environmental reports and studies, geotechnical reports, soils reports, and any documents pertaining to the physical, geological or environmental condition of the Property that are owned by or in the possession of Seller, and (h) A written certification stating that all documents required to be delivered to Purchaser pursuant to this Section 4 have been delivered by Seller("Seller's Certification"). 5. INVESTIGATION PERIOD: (a) During the period commencing on the date that Purchaser receives Seller's Certification, as provided in Section 4 above, and •terminating ninety (90) days later (the "Investigation Period"), Purchaser may undertake any and all investigations, examinations, reviews and inspections of the Property, as Purchaser may desire. During the Investigation Period, Purchaser shall have the right, but not the obligation, to take all steps necessary, in Purchaser's sole anc absolute discretion, to evaluate the feasibility of the Property for Purchaser's proposed use, including, without limitation the title, survey, taxes, utilities, zoning, and the environmental condition of the Property. In addition, Purchaser shall have the right to contact any federal, state or local governmental authority or agency to investigate any matters relating to the Property. During the Investigation Period, Purchaser may make application for governmental permits, licenses, plats, site plans, rezoning, conditional use permits and approvals for the construction of Purchaser's intended improvements and development of the Property. Seller shall, in good faith, cooperate witi Purchaser in its applications, including signing applications, provided that Seller shall not be obligated to incur any expense in connection therewith, and no change in the status of the Property will occur prior to Closing. (b) During the Investigation Period, Seller shall, at Seller's sole expense, have vacated all exisiting public right-of-ways or alleys located within the boundaries of the Property, if any, and have the Property re- zoned, if necessary, to allow for the development and use of the Property as a pharmacy with drive-thru facilities. Seller shall provide a recorded copy of the document(s) vacating such public right-of-ways and alleys and a certified copy of the ordinance approving such zoning change to Purchaser prior to the end of the Investigation Period. (c) In the event Purchaser is not completely satisfied with all aspects of the Property for any reason or is unable to obtain any governmental permits, licenses, plats, site plans, rezoning, conditional use permits or approvals required for the construction of Purchaser's intended improvements and development of the Property, Purchaser, in its sole and absolute discretion, on or prior to the last day of the Investigation Period, may terminate this Agreement by giving Seller written notification of its election, in which event the Earnest Money and all accrued interest, shall be immediately returned to Purchaser by the Escrow Agent, without necessity for notice to or consent or approval by Seller, and the parties shall be released from further liability. If Purchaser fails to terminate this Agreement by the conclusion of the Investigation Period, then said right to terminate pursuant to this section shall be deemed waived and the Earnest Money shall be paid by Escrow Agent to Seller. Notwithstanding the foregoing, Purchaser may, at anytime prior to the expiration of the Investigation Period, by written notice to Seller, waive the Investigation Period, in which event Purchaser shall have no right to terminate this Agreement pursuant to this Section 5, but such waiver shall not affect Purchaser's rights under the Approval Contingency Period provided in Section 6 below. SCC\031949 0004\d 18\v5 Page 2 6. APPROVAL CONTINGENCY PERIOD. Beginning on the day that the Investigation Period expires and continuing for forty-five (45) days thereafter (the "Approval Contingency Period"), Purchaser shall apply to the City of Waterloo for site plan and building permit approval for the development of the Property as a pharmacy with drive-thru facilities. If Purchaser does not receive such site plan and building permit approval within the Approval Contingency Period, Purchaser in its sole and absolute discretion, on or prior to the last day of the Approval Contingency Period, may terminate this Agreement by giving Seller written notification of its election, in which event the parties shall be released from further liability under this Agreement. If Purchaser fails to terminate this Agreement by the conclusion of the Approval Contingency Period, then said right to terminate pursuant to this section shall be deemed waived. Notwithstanding the foregoing, Purchaser may, at anytime prior to the expiration of the Approval Contingency Period, by written notice to Seller, waive the Approval Contingency Period, in which event Purchaser shall have no right to terminate this Agreement pursuant to this Section 6. 7. CONDITIONS PRECEDENT. Notwithstanding the foregoing Investigation Period and Approval Contingency Period, in no event shall Purchaser be obligated to consummate this transaction unless each of the following contingencies (the "Conditions Precedent") has been completed to Purchaser's satisfaction, in its sole and absolute discretion, on or before the date of Closing. If any of the Conditions Precedent is not satisfied or waived by Purchaser on or before the date of Closing, Purchaser may terminate this Agreement in which event the Earnest Money and shall be immediately returned to Purchaser by the Escrow Agent, without necessity for notice to or consent or approval by Seller, and the parties shall be released from further liability. The Conditions Precedent are as follows: (a) Seller's representations and warranties in this Agreement being correct as of the Effective Date and as of the Closing Date; (b) Seller's performance of all obligations under this Agreement; (c) Escrow Agent being prepared to issue the Title Policy (as hereinafter defined) on the Closing Date, subject only to the Approved Exceptions (as hereinafter defined); (d) No effective or pending moratorium, subdivision restriction, access restriction, withdrawal or modification of approvals, or other governmental change outside of the control of Purchaser which would prevent or impede Purchaser's proposed development of the Property. (e) Purchaser's receipt of all necessary zoning, special use, site plan, subdivision, building permit and other approvals from all applicable governmental authorities, including without limitation the City of Waterloo (the "Approvals") which are required or necessary for Purchaser's proposed development of the Property as a drug store with drive through facilities and a retail shopping center. Seller agrees and covenants to cooperate with Purchaser's efforts to obtain the Approvals, including the execution by Seller of all required or necessary applications, affidavits, statements or other documents, and to provide such information and documentation as necessary or appropriate in connection with the approval process. Notwithstanding any contrary statement in this paragraph, Purchaser acknowledges that Seller is a governmental authority possessing regulatory power with respect to certain project Approvals and that in reviewing or taking action upon any request for Approval the Seller will not extend to Purchaser any special consideration that is not generally made available to any other party making a substantially similar request for Approval. 8. SELLER'S CONTINGENCY PERIOD: At any time prior to to the expiration of the one hundred twenty (120) days after the expiration of the Approval Contingency Period (the "Seller Contingency Period"), if Seller does not receive a bid for the construction of a new fire station to replace the fire station currently located on the Property (the "New Fire Station") that is less than $2,000,000, including the cost of land acqusition, then Seller may terminate this Agreement by providing written notice to Purchaser prior to the expiration of the Seller Contingency Period. Upon such termination, Seller shall refund the Earnest Money to Purchaser. Purchaser shall be solely responsible for all out-of-pocket expenses incurred by Purchaser in conducting its due diligence investigation of the Property, including, but not limited to expenses for surveys, environmental assessments, reports and studies, geotechnical or other soils reports, engineering reports, architectural and engineering expenses for the preparation of site plans and building drawings, plans and specifications. Seller shall reimburse the Earnest Money within thirty (30) days after delivery of notice of termination. Upon such termination and payment of said items by Seller, neither party shall have any further obligation under this Agreement. If Seller does not give such notice of termination by the expiration of the Seller Contingency Period, then said right to terminate shall be deemed waived and this Agreement shall remain in full force and effect. Notwithstanding the S CC\031949.0004\d 18\v5 Page 3 foregoing, Seller may, at anytime after the expiration of the Approval Contingency Period but prior to the expiration of the Seller Contingency Period, by written notice to Purchaser, waive the Seller Contingency Period, in which event Seller shall have no right to terminate this Agreement pursuant to this Section 8. 9. RIGHT OF ENTRY: Seller hereby grants to Purchaser, its agents and contractors, the right to enter upon the Property to conduct such inspections, investigations and tests as Purchaser deems appropriate, including without limitation environmental tests and soil tests, and to generally satisfy itself as to the feasibility of the Property for Purchaser's intended use and the environmental condition of the Property. Purchaser shall defend, indemnify and hold Seller harmless from and against all claims, damages and liabilities of any nature resulting from Purchaser, its agents and contractors entering upon the Property and conducting such inspections, investigations and tests. Purchaser shall not interfere with the operation of the fire station on the Property, including, without limitation, blocking driveways, entrances or exitways. 10. TITLE AND SURVEY: After the Effective Date, Purchaser shall order a preliminary title commitment for a current form ALTA owner's policy of title insurance for the Property, dated not later than the Effective Date, including any easement parcels which benefit the Property, from Chicago Title Insurance Company, which shall provide for full extended coverage over the general exceptions customarily contained in such title policy, in the full amount of the Purchase Price, including an ALTA 3.1 zoning endorsement reflecting that the development of the Property as a pharmacy with drive-thru facilities in accordance with the proposed site plan will be in compliance with existing zoning regulations, including parking, together with copies of all recorded documents affecting the Property, including any such easement parcels (the "Commitment"). After the Effective Date, Purchaser will order, from a surveyor selected by Purchaser, a survey of the Property, including any easement parcels which benefit the Property, prepared in accordance with the 2005 Minimum Standard Detail Requirements for ALTA/ASCM Land Title Surveys as adopted by the American Land Title Association and National Society of Professional Surveyors, including Table A items 1-4, 6, 7(a) and (b)(1), 8-10, and 11(b) (the "Survey"). Seller shall provide a credit to Purchaser at Closing for the cost of the Survey. Purchaser shall notify Seller within the Investigation Period of any matters disclosed by the Commitment or Survey that are not acceptable to Purchaser, in its sole discretion (each a "Title Defect"). All exceptions or matters reflected in the Commitment or Survey which are not so disapproved or objected to by Seller in said notice are hereafter referred to as the "Permitted Exceptions". Seller shall have fifteen (15) days from the date of Purchaser's notice to cure such Title Defects, at Seller's expense. If the title company furnishes a title insurance policy insuring over an exception, such insurance shall constitute a cure of such exception. If Seller fails or refuses to cure such Title Defects within said fifteen (15) days, Purchaser may either: (i) terminate this Agreement, in which event Seller shall pay all charges for the Survey and other fees in connection with this transaction which are Seller's responsibility under this Agreement, both Purchaser and Seller shall be relieved of all further obligation and liability to each other under this Agreement, and all funds, including the Earnest Money plus all accrued interest, and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party without further written instructions from Seller, or (ii) take title as it then is with the right to deduct liens or encumbrances of an ascertainable amount from the Purchase Price (in which case, all Title Defects which may not be so discharged at Closing shall be deemed Permitted Exceptions). At Closing, Seller shall: (i) convey title to the Property by general warranty deed (the "Deed"), subject only to the Permitted Exceptions; and (ii) cause to be delivered to Purchaser an owner's title insurance policy, with extended coverage and an ALTA 3.1 zoning endorsement of the type specified above, issued by Chicago Title Insurance Company, and such additional endorsements as Purchaser may request, which endorsements shall be at Purchaser's expense, subject only to the Permitted Exceptions (the"Title Policy"). 11. REPRESENTATIONS AND WARRANTIES OF SELLER: Seller represents and warrants to Purchaser as follows: (a) there is no existing, pending or, to the best of Seller's knowledge, contemplated, threatened or anticipated (i) litigation which would adversely impact the value of the Property or in any way interfere or increase the cost of Purchaser's development of the Property, (ii) condemnation of all or an part of the Property, (iii) widening, change of grade or limitation on use of streets abutting the Property or (iv) special tax or assessment levied or to be levied against the Property; (b) there are no other outstanding contracts of sale or options to purchase the Property; (c) the Property has direct access to and from a public street or road; SCC\031949.0004\d 18\v5 Page 4 (d) as of the date of Closing, there will be no leases, tenancies, licenses or other agreements covering or affecting any part of the Property or allowing any third party rights to use the Property; (e) as of the date of Closing, there will be no service contracts covering or affecting any part of the Property; (f) Seller has no knowledge of and has received no notice of any violation or alleged violation of any building, zoning, environmental or other governmental statute, ordinance or regulation pertaining to the Property, and has no knowledge of and has received no notice of any legal proceedings pending or threatened pertaining to the Property; (g) Other than as disclosed in Section 11(h) below, there are no underground storage tanks on the Property. (h) the Property has never been used as a landfill or a waste dump, and there has been no installation in, or production, disposal or storage on the Property of any Hazardous Substances by Seller or by any tenant or any previous owner or previous tenant, or any other activity which could have toxic results, and there is no proceeding or inquiry by any governmental authority or agency with respect thereto. The term "Hazardous Substances" shall mean any substance, material, waste, gas or particulate matter which is regulated by any federal, state or local governmental authority, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "hazardous material," "hazardous substance," "toxic substances," " extremely hazardous waste," or "restricted hazardous waste" under any provision of Illinois law, (ii) petroleum, (iii) asbestos, (iv) polychlorinated biphenyl, (v) radioactive material, (vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. '1251 et seq. (33 U.S.C. '1317), (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. '6901 et seq. (42 U.S.C. '6903), or (viii) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. '9601 et seq. (42 U.S.C. '9601); notwithstanding the foregoing statement, Seller states its belief that an underground storage tank is or previously was used on the site for storage of fuel oil, which is no longer in use; (I) the Property is free and has always been free from Hazardous Substances and storage tanks, other than as disclosed in Section 11(h) above; (i) this Agreement and all other documents delivered prior to or at the Closing have been duly authorized, executed, and delivered by Seller, are binding obligations of Seller and do not violate the provisions of any agreement to which Seller is a party or which affects the Property; (k) there are no natural or artificial conditions upon the Property or any part of the Property that could result in a material and adverse change in the condition of the Property; (I) there is no recapture or other payment requirement affecting the Property, including, without limitation, payments or obligations involving refunds for sewer extensions, over-sizing utility lines, lighting or like expenses or charges for work or services affecting the Property, which will bind Purchaser or the Property from and after the Closing. Any such payments or obligations shall be paid in full by Seller prior to Closing; (m) the zoning designation of the Property permits general retail uses; (n) no commitments or agreements have been made with any governmental authority, utility company, school board, any homeowners' association or to any other organization, group or individual, relating to the Property, which would impose an obligation upon Purchaser or its successors or assigns to make any contribution or dedication of money or land, or to construct, install or maintain any improvements of a public or private nature on or off the Property that have not been disclosed in writing to Purchaser; (o) no work has been performed or in progress at the Property, and no materials will have been delivered to the Property, that might provide the basis for a mechanic's, materialmen's or other lien against the Property or any portion thereof, for which effective title insurance will not at Closing be issued to Purchaser, and all amounts due for such work and material shall have been paid and all discharged to Purchaser's satisfaction as of the Closing. Any mechanics liens reflected in the Title Commitment will be resolved, at Seller's expense, prior to Closing; and SCC\031949.0004\d 18\v5 Page 5 (p) all items delivered by Seller to Purchaser pursuant to Section 4 of this Agreement or which have otherwise been delivered to Purchaser are true, accurate, and complete copies of such documents and constitute all material documents which would be reasonably necessary in order to allow a reasonably prudent purchaser to make an informed decision regardiig the Property. The representations, warranties and covenants in the Agreement shall not be merged into the deed or be canceled at Closing and shall survive the Closing of this transaction and delivery of the deed for a period of one (1) year, at which time they shall expire. Seller agrees to defend and to hold Purchaser harmless from any loss, cost, liability, expense, damage or other injury, including, without limitation, attorneys fees and expenses, incurred by Purchaser on account of the breach of any such representation or warranty. The obligations of Purchaser to consummate the transactions contemplated herein are contingent upon the truth and accuracy of such representations and warranties as of the Effective Date and the Closing. 12. ESCROW AND CLOSING: Settlement of this transaction (the "Closing") shall take place not later than thirty(30) days after the expiration or waiver by Seller of the Seller Contingency Period, provided that all Conditions Precedent have been satisfied (the "Closing Date"). The Closing shall be conducted "New York Style", meaning that title will be dated down as of the date of Closing and the Title Policy shall be issued at Closing, with Seller and Purchaser each providing a personal undertaking, in such form as required by Escrow Agent, to cover the gap between Closing and the recording of the Deed. At least one (1) business day prior to the Closing Date, Seller shall deposit with Escrow Agent: (i) the Deed, (ii) an assignment of all of Seller's right, title and interest in all permits, licenses and intangible assets relating to the Property, (iii) a bill of sale conveying merchantable title to all personal property included in the transaction, if any, (iv) Seller's affidavit of non-foreign status contemplating by Section 1445 of the Internal Revenue Code of 1986 as amended, (v) Seller's certificate dated as of the Closing Date confirming that the representations and warranties set forth in Section 8 are true and correct on and as of the Closing Date, (vi) an affidavit of title, (vii) an ALTA statement, (viii) any required state, county or municipal transfer tax declarations, disclosure statements or similar forms, and groundwater hazard statements, (ix) documents evidencing the termination of all leases or subleases affecting the Property as of the Effective Date, (x) documents evidencing the termination of all service contracts affecting the Property as of the Effective Date (xi) a settlement statement, and (xii) any other documents reasonably required by the Escrow Agent or the Purchaser to consummate the Closing. On or prior to the Closing Date, Purchaser shall deposit(a) the balance of the Purchase Price, (b) a settlement statement, and (c) any other documents reasonably required by the Escrow Agent or the Purchaser to consummate the Closing. The Closing shall be conducted through a deed and money escrow, pursuant to the provisions of Escrow Agent's standard form of deed and money escrow instructions, at Escrow Agent's office in Chicago, Illinois. Neither party shall be obligated to attend the Closing, so long as they deliver their documents to the Escrow Agent not later than one (1) business day prior to Closing and deliver their funds to the Escrow Agent on or prior to the Closing Date, All real estate taxes which are due but not yet payable as of the date of Closing are to be prorated as of the date of Closing, and if the amount of such taxes is not then ascertainable, the proration shall be on the basis of 110% of most recent ascertainable taxes. 13. POSSESSION. (a) Possession of the Property shall be delivered by Seller to Purchaser not later than 11:59 p.m. on the earlier of: (i) the date that is twelve (12) months after the Closing Date, or (ii) the date that the New Fire Station is first open and in use by Seller (the "Possession Date"). Seller shall have no obligation to pay any use or occupancy or any other form of compensation to Purchaser for Seller's possession of the Property during the period from the Closing Date to the Possession Date (the "Post Closing Possession Period"). Notwithstanding the foregoing, during the Post Closing Possession Period, Seller shall be responsible for payment of all utilities for and any maintenance of the Property and shall maintain commercial general liability insurance with coverage limits of not less than $2,000,000 per occurrence with Purchaser, or its assignee, named as an additional insured, and shall provide certificates of insurance to Purchaser demonstrating that such insurance is in full force and effect at all times during the Pos1 Closing Possession Period. Seller hereby agrees to indemnify and hold Purchaser harmless from any and all claims, demands, actions, causes of action, damages, expenses, losses, attorneys' fees or liabilities arising in any way from or out of Seller's possession of the Property, including without limitation the operation of a fire station on the Property, during the Post Closing Possession Period. (b) On the Possession Date or any extension thereof due to Unavoidable Delay as defined in Section 16 below, Seller shall deliver full and complete possession of the Property to Purchaser in substantially the same condition, ordinary wear and tear excepted, as of the Effective Date, subject to Seller's right to salvage any SCC\031949.0004\d 18\v5 Page 6 a personal property or fixtures in, upon or about the Property. In the event that Seller does not deliver possession of the Property to Purchaser by the Possession Date in accordance with the terms of this Agreement, Purchaser shall not be restricted in its right to seek possession of the Property by any available means authorized in law or equity. In addition to all other remedies, Purchaser shall have the immediate right to commence any legal action or proceeding calculated to evict and remove the Seller from the Property and shall also be entitled to recover from Seller the sum of $500 per day for each day that possession is withheld after the date required by this Agreement. Seller further agrees to reimburse Purchaser for all reasonable attorneys' fees and court costs Purchaser may incur in the enforcement of its rights pursuant this provision. 14. CLOSING COSTS: At Closing, Seller shall pay (i) one-half of the Escrow Agent's escrow fee, not to exceed $2,000.00, (ii) all state, county and municipal transfer taxes, stamps or similar charges, if any, (iii) the cost of the Survey, (iv) all recording charges or fees for all documents to be recorded which are required to clear any exceptions to title, and (v) Seller's own attorneys' fees. At Closing, Purchaser shall pay (i) one-half of Escrow Agent's escrow fee, (ii) the title premium for any lender's title insurance policy and the cost of any endorsements to the Title Policy, other than as to zoning, ordered by Purchaser or Purchaser's lender, (iii) charges for recording the Deed, and any of Purchaser's financing documents, and (iv) Purchaser's own attorneys' fees. 15. DEFAULT: If Purchaser defaults and fails to cure said default within ten (10) days after written notice, the Earnest Money shall be forfeited to or retained by Seller as liquidated damages and not as a penalty and this Agreement shall be terminated, as Seller's sole and exclusive remedy at law and in equity, it being agreed by Purchaser and Seller that Seller's damages would be difficult or impossible to accurately ascertain and the Earnest Money constitutes a fair and reasonable amount of damages under the circumstances. Seller agrees that its damages under this Agreement shall be limited to the Earnest Money deposited and waives any other damages or claims it may have as a result of Purchaser's default. If Seller defaults and fails to cure said default within ten (10) days after written notice, then Purchaser may elect, as its sole and exclusive remedies at law and in equity, to either (i) have the Earnest Money returned or reimbursed, plus all accrued interest without offset of deduction, in which event Seller shall pay to Purchaser all actual out-of-pocket expenses incurred by Purchaser in conducting its due diligence, inspections and tests regarding the Property, but not more than $50,000, and this Agreement shall be deemed terminated and the parties shall be released from further liability or (ii) pursue an action to specifically enforce Seller's obligations under this Agreement. In the event legal action is instituted to interpret or enforce the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party the prevailing party's costs and attorney's fees, including, without limitation, all costs and fees that are incurred in any trial, on any appeal and/or in any bankruptcy proceeding. 16. FORCE MAJEURE: If, by reason of the occurrence of any Unavoidable Delay, any party to this Agreement is prevented from complying with any performance requirement, condition, covenant or deadline (each a "Duty of Performance") stated herein, then while so prevented the Duty of Performance shall be suspended and such party shall be relieved of the obligation of complying with the Duty of Performance and shall not be liable for damages for failure to comply with it. Any such Duty of Performance shall be deemed extended for as long as such party is so prevented from complying with any Duty of Performance; provided that any Duty of Performance of a party to this Agreement shall not be extended by more than a total of thirty (30) days in the aggregate by reason of one or more instances of Unavoidable Delay. For puposes of this Agreement, an "Unavoidable Delay" means any act of God, adverse weather conditions that could not be reasonably anticipated and that had an adverse effect on scheduled construction, casualties, war, embargo, riots, strikes, unavailability of materials (but not failure of a party to pay for such materials), litigation commenced by third persons (including litigation seeking to enjoin the ability of a party to act), and all other acts or omissions, causes or events which are, with respect to a party, beyond that party's reasonable control. 17. BROKERAGE COMMISSION: At Closing, Seller shall pay all brokerage commissions and other fees and charges due to NAI Iowa Realty Commercial. Seller agrees to indemnify, defend and hold Purchaser, and Purchaser's nominees, successors and assigns harmless from any and all claims, costs, commissions, fees or damages by any person or firm claiming to have negotiated, instituted or brought about this Agreement. 18. INDEMNIFICATION: (a) Seller agrees to indemnify and hold Purchaser and its nominees, successors, assigns, officers, directors, partners, agents and employees, harmless of and from any and all liabilities, claims, causes of action, penalties, demands and expenses, of any kind or nature whatsoever (except those items which by this Agreement SCC\031949.0004\d 18\v5 Page 7 specifically become the obligation of Purchaser) arising out of, resulting from, relating to, or incident to the Property to and including the Possession Date or which are in any way related to the Seller's ownership, maintenance or operation of the Property to and including the Possession Date, including without limitation the operation of a fire station thereon, and all expenses related thereto, including, without limitation, court costs and attorney's fees. (b) Purchaser acknowledges that Purchaser shall be responsible, at its sole expense, for the removal of any underground storage tanks located on the Property and the remediation of any soil located on the Property which was contaminated by leaks, releases or discharges from said tanks. Notwithstanding the foregoing, Seller agrees to and shall indemnify, protect, defend (with counsel, acceptable to Purchaser), and hold harmless Purchaser, and its successors, assigns and grantees, from and against any and all debts, liens, causes of action, administrative orders and notices, costs (including, without limitation, response and/or remedial costs), personal injuries, losses, damages, liabilities, demands, interest, fines, penalties and expenses, including reasonable attorney's fees and expenses, consultants' fee and expenses, court costs and all other out-of-pocket expenses, suffered or incurred by Purchaser, and its successors, assigns and grantees, as a result of any claim made by any person or entity that is not a party to this Agreement relating in any way to or arising from contamination or other damage, of any nature whatsoever, resulting from or relating to leaks, releases or discharges from said tanks, regardless of whether or not Seller had knowledge of any such claim as of the Closing. The foregoing indemnity shall survive the Closing and shall not be merged with or into the delivery of the Deed and other instruments of conveyance and transfer. 19. CONDEMNATION: In the event that prior to the Closing all or any portion of the Property is taken by exercise of the power of eminent domain or any proceedings are threatened or instituted to effect such a taking, Purchaser may elect either: (1) to terminate this Agreement upon written notice to Seller and Escrow Agent, or (2) to consummate this Agreement, in which event Seller shall assign to Purchaser Seller's right to receive any payment from such eminent domain proceedings. If Purchaser elects to terminate this Agreement pursuant to this provision, Escrow Agent shall, within five (5) days following receipt of Purchaser's notice, return the Earnest Money, together with accrued interest, to Purchaser without further written instructions from Seller. Upon termination, neither party shall have any further obligations under this Agreement except as otherwise provided in this Agreement. 20. SELLER COVENANTS: (a) Commencing at the Effective Date and until the Closing, Seller shall not permit any liens, encumbrances, or easements to be placed on the Property, nor shall Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Purchaser or the Property after the Closing without the prior written consent of Purchaser. (b) Commencing at the Effective Date and until the Closing, Seller shall not permit any act of waste or act that would tend to diminish the value of the Property for any reason, except that caused by ordinary wear and tear. (c) Until Closing, Seller shall keep pay taxes and other public charges against the Property so as to avoid forfeiture of Purchaser's rights under this Agreement. (d) After the Effective Date, Seller shall promptly advise Purchaser in writing of any facts known to Seller indicating any material inaccuracy of any of the representations and warranties contained in Section 8 of this Agreement and shall promptly give to Purchaser copies of any written notices which Seller receives concerning the Property. 21. NOTICES: All notices to be given under this Agreement shall be in writing and sent by: (1) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, (2) postage prepaid in the United States Mail, (3) a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier, or (4) telecopy or similar means if a copy of the notice is also sent by United States Mail, in which case notice shall be deemed delivered on transmittal on the date of the confirmation by telecopier or other similar means, provided that a transmission report is generated reflecting the accurate transmission of the notices, as follows: To Purchaser: First Equity Acquisitions, LLC SCC\031949.0004\d 18\v5 Page 8 Y 1701 Golf Road, Tower 1, Suite 1106 Rolling Meadows, Illinois 60008 Facsimile: (847) 427-8767 With a Copy to: Stahl Cowen Crowley LLC Attn: Thomas G. Moffitt 55 West Monroe, Suite 1200 Chicago, Illinois 60603 Facsimile: (312) 423-8176 To Seller: City of Waterloo Attn: Mayor Hurley 715 Mulberry Street Waterloo, Iowa Facsimile: (319) 291-4286 With a copy to: Noel Anderson, Community Planning and Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa Facsimile: (319) 291-4262 or to such other address as Purchaser or Seller may respectively designate by written notice to the other. 22. MISCELLANEOUS PROVISIONS: (a) Time is of the essence of this Agreement. (b) All of the covenants, warranties, representations and agreements herein contained shall run with the land and extend to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. This document contains all of the agreements between the parties and may be modified only in writing. (c) This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. (d) Seller agrees that upon its execution of this Agreement neither it nor its agents or employees will (a) initiate, encourage the initiation by others of discussions or negotiates with third parties or respond to solicitations by third parties relating to the Property or any part thereof, (b) fail to immediately notify Purchaser if any third party attempts to initiate any such solicitation, discussion or negotiation with Seller nor will enter into any agreement with any third party with respect to the Property or any part thereof. (e) Intentionally deleted. (f) Purchaser may place a sign on the Property, which may include the name and telephone numbers of Purchaser and/or Purchaser's brokers or agents. (g) If Seller determines to conduct this transaction as part of a "like-kind exchange" pursuant to Section 1031 of the Internal Revenue Code, Purchaser shall reasonably cooperate with Seller and execute any reasonably necessary documents approved as to form and content by Purchaser, but at no cost or expense to Purchaser. (h) If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. (i) This Agreement shall be governed by and construed in accordance with Iowa law. S CC\031949.0004\d 18\v5 Page 9 (j) This Agreement may be assigned by Purchaser to CVS Caremark Corporation, or any affliated or related entity, without the prior written consent of Seller. This Agreement may be assigned by Purchaser to any other third party, subject to the prior written consent of Seller, which consent shall not be unreasonably withheld so long as the proposed assignee provides a written commitment to redevelop the Property substantially as contemplated by this Agreement. (k) If any term, covenant, condition, provision or agreement herein contained is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, the fact that such term, covenant, condition, provision or agreement is invalid, void or otherwise unenforceable shall in no way affect the validity or enforceability of any other term, covenant, condition, provision or agreement herein contained. (I) All terms of this Agreement shall be binding upon, inure to the benefit of and be enforceable by, the parties hereto and their respective legal representatives, successors and assigns. (m) Seller and Purchaser acknowledge each to the other that both they and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 23. PATRIOT ACT. Seller and Purchaser represent and warrant to each other that they are in compliance with the requirements of Executive Order No. 133224, 66 Fed. Reg. 49079 (Sept. 25, 2001) (the "Order") and other similar requirements contained in the rules and regulations of the Office of Foreign Assets Control, Department of the Treasury ("OFAC") and in any enabling legislation or other Executive Orders or regulations in respect thereof (the Order and such other rules, regulations, legislation, or orders are collectively called the "Orders") and that neither party, nor any beneficial owner of thereof: (a) is listed on the Specially Designated Nationals and Blocked Persons List maintained by OFAC pursuant to the Order and/or on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of OFAC or pursuant to any other applicable Orders (such lists are collectively referred to as the "Lists"); (b) is a person or entity who has been determined by competent authority to be subject to the prohibitions contained in the Orders; or (c) is owned or controlled by, or acts for or on behalf of, any person or entity on the Lists or any other person or entity who has been determined by competent authority to be subject to the prohibitions contained in the Orders. Seller and Purchaser hereby covenant and agree that if either party obtains knowledge that such party or any of its beneficial owners becomes listed on the Lists or is indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, such party shall immediately notify the other party in writing, and in such event, the other party shall have the right to terminate this Agreement without penalty or liability by delivery of written notice thereof to the other party. SCC\031949.0004\d18\v5 Page 10 S 3 IN WITNESS WHEREOF, the parties have executed this Purchase and Sale Agreement by their duly authorized representatives effective as of the Effective Date. PURCHASER: SELLER: FIRST EQUITY ACQUISITIONS, LLC The City of Waterloo, Iowa an Illinois limited liability company By: By: Its: Its: Date: , 2008 Date: , 2008 S C C\031949.0004\d 18\v 5 Page 11 EXHIBIT A LEGAL DESCRIPTION SCC\031949.0004\d 18\v5 Page 12 • EXHIBIT B EARNEST MONEY ESCROW INSTRUCTIONS Escrow Officer: Escrow No.: Phone No.: (312) 223- Facsimile No.: (312) 223- Date: , 2008 TO: Chicago Title Insurance Company 171 N. Clark Street Chicago, Illinois 60601 Attn: Virginia Moore The amount of Ten Thousand Dollars ($10,000.00) (the "Earnest Money") is deposited with the Chicago office of Chicago Title Insurance Company in escrow by First Equity Acquisitions, LLC, as the "Purchaser," under that certain Purchase and Sale Agreement (the "Agreement"), dated , 2008, with The City of Waterloo, Iowa, as the"Seller". As escrowee, you are hereby directed to hold, deal with and dispose of the Earnest Money together with any other deposits, and which shall be referred to as the"Escrow Deposit", in accordance with the following terms and conditions: 1. You are to hold the Escrow Deposit until: (a) you are in receipt of a joint order by the undersigned Seller and Purchaser as to the disposition of the Escrow Deposit; or (b) you are in receipt of a written demand (the "Demand") from either Seller or Purchaser for the payment of the Escrow Deposit or any portion thereof. If you receive a Demand from Purchaser on or before the expiration of Investigation Period, as such terms are defined in the Agreement, i.e. , 2008 (Investigation Period Expiration Date), as the same may be amended, then you shall immediately comply with the Demand without the necessity of giving notice to Seller and notwithstanding any contrary instruction you may receive from Seller. Upon receipt of any Demand (other than a Demand from Purchaser on or before the expiration of the Investigation Period, as provided above), you are directed to so notify the other party, enclosing a copy of the Demand. If within five (5) days after the non-demanding party has received or is deemed to have received your notice of your receipt of the Demand, you have not received from the non-demanding party its notice of objection to the Demand, then you are to disburse the Escrow Deposit as requested by the Demand. If within said five-day period you receive from the non-demanding party its notice of objection to the Demand, then you are to continue to hold the Escrow Deposit until you are in receipt of a joint order as aforesaid, but after sixty (60) days you may deposit the Escrow Deposit with a Court of competent jurisdiction. 2. Notwithstanding the foregoing, as escrowee, you are hereby expressly authorized to regard and to comply with and obey any and all orders, judgments or decrees entered or issued by any Court, and in case you obey or comply with any such order, judgment or decree of any Court, you shall not be liable to either of the parties hereto or any other person or entity by reason of such compliance, notwithstanding any such order, judgment or decree be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated. In case of any suit or proceeding regarding these Escrow Instructions, to which you are or may at any time be a party, the undersigned Seller and Purchaser agree that the non-prevailing party shall pay to you upon demand all reasonable costs and expenses incurred by you in connection herewith. 3. Any escrow fee to be charged by you is to be borne equally by the undersigned Seller and Purchaser, up to a maximum fee of$2,000.00 payable by Seller. 4. As escrowee, you shall invest the Escrow Deposit in an interest-bearing savings or money market account or short term U.S. Treasury Bills or similar cash equivalent securities, as the undersigned S CC\031949.0004\d 18\v5 Page 13 Purchaser may direct. Any interest earned on the Escrow Deposit, after you deduct your customary investment charges, shall become and be deemed to be a part of the Escrow Deposit. 5. All notices or other communications hereunder shall be in writing and shall be personally delivered or sent by overnight courier (such as Federal Express), by facsimile transmission or by first class United States Mail, postage prepaid, registered or certified (return receipt requested) to the respective addresses for the Seller's counsel, Purchaser's counsel, and escrowee as herein provided. A notice is given on the date it is personally delivered, sent by overnight courier or facsimile transmission, or deposited with the United States Mail for delivery as aforesaid. A notice is received on the date it is personally delivered, the day after sent if sent by overnight courier or facsimile transmission or, if sent by mail as aforesaid, on the date noted on the return receipt. 6. Purchaser and Seller may act hereunder either directly or through their respective attorneys: The Purchaser's attorney is: Stahl Cowen Crowley LLC 55 W. Monroe Suite 1200 Chicago, Illinois 60603 Telephone: 312.377.7861 Facsimile : 312.423.8176 Attn: Thomas G. Moffitt, Esq. The Seller's attorney is: Chris Wendland Clark, Butler, Walsh and Hamann 315 E. 5th Street Waterloo, Iowa 50703 Telephone: 319-234-5701 Facsimile: 319-232-9579 7. These Escrow Instructions are being entered into to implement the Agreement and shall not (nor be deemed to) amend, modify or supersede the Agreement or act as a waiver of any rights, obligations or remedies set forth therein; provided, however, that you may rely solely upon these Escrow Instructions. 8. In case of any suit or proceeding at law or in equity regarding the Earnest Money or these Escrow Instructions, the non-prevailing party shall pay the prevailing party all costs and expenses (including, but not limited to, attorney's fees) incurred by the prevailing party, and if such prevailing party shall recover judgment in any such suit or proceeding, such costs and expenses (including but not limited to attorneys' fees) shall be included in and as a part of such judgment. 9. These Escrow Instructions may be signed in any number of counterparts each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. SCC\031949.0004\d 18\v5 Page 14 Agreed and Acknowledged this day of , 2008. PURCHASER: SELLER: First Equity Acquisitions, LLC, an The City of Waterloo, Iowa Illinois limited liability company By: By: Chicago Title Insurance Company By: Title: Escrow No: SCC\031949 0004\d 18\v5 Page 15 Printable Map Output Page 1 of 1 Black Hawk Coun , Iowa 7° a' ",.'. t ' 'PLYMOUTH AVE.. i 1V • yy � ire �. ,5 ., .. - [ l t . I i 1 7. . to,- ; . ^.n, Yr • 1gg Legend ) ' i `f' :�:• , ;,_ •3 airport Aerial Photos ro R a�'` $ ;.^ eaePl &ack Hawk Co i I k � i" H'4v- . t ,, parks_ a re -' _$1;. J: Parka „� . S ` y twprng n o' L # '.f• ) ,,,*"" Behead il ;i... ('v t st i" �,II _ ,, Townships `^5 5 "�.,1"^ R dp Sactl one °• {t, z ? k� ' { 40, �•y T� y" Water a a n, •v ` ," t, ,a� _. Partela irk �. :� # _ 4�� .y�'z,�5t �' t 0 Towm:inP 0 i�'!'* fl! city Linos r. �, f • ':nY .9R a ".; raio-wa mm d4' ti W� .r _•;y/p,p x a�s:,�. i.' , (mama_ t s _ ..ye d, 1 p 1. ijF-x t"' .: "x- rwamm �.Nr�ai'' 3 .e wamma _ • ' _ . � r ".L&-, ., ' ate a - tr% t a .,r Of'V'''-- I'Vri' ''" 4cf'''4'''''''' '- _ y tE aec.a 1.4,- - s '4 ,- \'om s 's � ,, , .uh ,4%, 4+, i.1. • • r, - t .-i c , x . M crested with Ara -Copyright lc)1932-2001 ESR11nc U' 97t ' ; s: Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey. No liability is assumed for the 316 East 5th Street .ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys, recorded deeds,and contracts,and only contains Fax: (319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor. co.black-hawkia.us,ora .etailed lee al information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 07/24/2008 I dkjocob I P:\Projects\207272-1\Dwg\PLAT OF SURVEY.DWO I DATE: 06/05/2008 I Time: 16:02 I ---, I o ?? D rAoO_o AC DCD N �I < O NZ 2 �. t • 0 ► Z 8 CO Zp�11 Or fTt to Z z.'"z, m 0 m�mc< O� £ (77 one- y1 m z,m DO pr. NCO Q Dxt£j m D -1 ',cc w "C' gD�g f� g r � N ' -.N R g 0O � <r m� OoN0 '•I _O0 m m � GoS - r O nn ,m CO O ' 'O m . D ITf A Z m <°D r 0. nO O O . co z0 O D p D I "0 -, 0 _ mN . m I.1 A A C U! r >N G o ti o m CAA Z Ka =I >o ii oP ^^ //�/ /o , /D / * // \ / / O //S /' z£gl Z .7 \ i g Fy4 ' >f/ ti� /� �' a / � Sps ' f/ /y\s4 /•3 \ eeit %• A '' p15 " // c uD ? e' a \ J � , /00 // \ / � / > m-co . —Ii pc) \ /' oaj /' ,f. z 4. Q�7s\ ? t.4c"S OLIO/ // Orn O cn � � 6ti Om ,/ i cz .'> �/ -I- IV I. R 3 g 3 S 3 3 ,4 F1 ° T 3 ^° 8 * [OD X co _� — gi n o° 1p n n o n n o w � g o _ p N R P N 0T o ° m 9 1 m� g gt o_u 0 a� .o = Z O '1 io° J U Za 8ti R, aU 2 mn 7. Z 0 '• Z u 2 o? v . c., T = .~LIB `; u�c r<N m '^ ' -- o z O X/ ^ VJ jO . Z ➢ ° 8 FA WA 6a A ,p88 N • 2b OD 6.t 7F Z 5 C(( P� 0,,.. or `c'i io £ . a ° Ems m•:: 2 �� % U 2 o N at 0 : f o)•- qaoa »7. is -.2„5. tii 8 ° co. 0 Q = m c nnc$� ° ^; i. un N3. :^--, El. 4 s ,3g3s - z n ° t 7 Xn a o c $ � 2 c n o 3 i o [;i» ? 3 3 i 0 o 2 n S 2 r, Q 0 2 $ z a "ao 0 ar F �7'EE N) 9 '' �� c aR •d d o N °° ,' 0 w- `^• 8 0 3 �y °2 g;� a 8 ' $ 2-o D EL c ] nb ] oP 9- = m 09 3 e 1� o e 3 v a5 52 R S g • • _ e o PLAT OF SURVEY 2 Pt NE Fr.1/4 Sec.2-88-13 0 m o WATERLOO,IA SHIVE\HATTERY DATE a/os/oe SCALE i zno' Ceder Raplds,IA`Iowa City,IA•Dee Moines.IA p,,'o ARARN D HELD BOOK Milne,IL•Bloomington,IL•Chlcagg IL APPROVED DEP EP PENSION htYD'//www.sh',ve-hotlery.con, ` * it a 7 CITY OF WATERLOO, IOWA COUNCIL RECORD 29. )./1) / that communication from Director of Cultural its Commission transmitting application for a Cedar F s Tou ' m a sitors Bu rant in the amount of $2,200.0 be use or marketing and advertising efforts for the annual Holid Arts Fe ' al, be received, placed on file and "Resolution approving sai application" , be adopted. Ayes: . R solution adopted and upon approval by Mayor Pro Tem assigned No. 2008- AYES NAYS ABSENT ABSTAIN MS .. COLE !/ MR,. GETTY Z.- MR , HART MR, GREENWOOD MR. STEVE SCHMITT MR. WELPER !/- MR. REGGIE SCHMITT r ilil I- Si (D -• cD II 'CI 0 (D (D ' 11 �• 4 ..' t'i tti 0 'd tt] ;0 I ` ` 'd H PO n m w b K M m `_ O a CDD rr 0 0 n N . m - r ( pi a H g o a m c 0' n 0 • �,;► k ` H 0 H ' tzzo N• a' a, 0 a ; ' ;�. .. z H C7 O x 0 O N. rr ►t a r...,k, ., H z y0 ) 311 0 ' z Hwz 41. I: rr -` S ph(�� N .aiii f 0 . , 4, / et. a O i! r....\--e ' M sa `� ... a From : LAoREJ ICC, S. L 1'teGie.r i 11 433 b retno be r 5}reet' /A4er1o6 A 50703 I4oma.4 3i9-a33- oDol C .l1 44131R- $30-2133 E-taasi1 i9uWrrnce. ,_it heeler i i j 97 yahpe . corn To: Mayor Tim ot-le1i an ci C i-h unc.:_ 1 715 mulberr-y W1H-erloe "1" A .50763 Thi S c;+y has made, some darn b PvrchaseS reguand; n3 vp�, cl e5. 3pr-; 1 aOC 3 Was+e. A %s�ie� ary ar�� a resuardins +he Neu) d.;csel eXhais-l" regulat.or,S of -Re US Federal Clean) Aie Act - i+ was bro ke.rl dowry i n Cour S+aseS and was prInied on -twelvt. pores_ Sias,- 3 Evkds ; n) 0010, Stay. -Coor- Does ; n+b e�4'ecl- - ;n1 +he year aQL to c901'+. to be. ;n compliance Neu) (JPan all + oS_ porrJ,aseS r.)i I I rewire, a r114,h5e, a rder. Tvrr Trac+ors &oI-F Course LP►Sure. Servr'c.es one..-__side )oad Trash True. Wes+e. Mtnssemef 1" +00 4-aficktn_ Zupipp�rocK vJ i 4-h STncltrs . +re .-) one Ambulence WMerldo F,'ise. rescue, +we) Snots Con+r6/ +rucks Vpth4inen t --� one order Pendi5 Negri S Se-1- /40,51 8 r Turiti3se, oP tr .a 1 easer. CITY OF WATERLOO, IOWA COUNCIL RECORD ORAL PRESENTATIONS 127628 - Mayor Pro Tem Reggie Schmitt asked that the council receive and place on file a letter received from Lawrence Wheeler, 433 Bratnober Street, regarding the city' s purchase of vehicles. Welper/Getty that the above letter i nd placed on file. Ayes: Five. Absent: Hart, Steve Schmitt Motion carried AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT co H. 0 w" b 0 M 2 o c� 1— o n al, rt U. o ff r 0 It H Q• (I) rt 0 n n N• (1) Pi H H o ci, cn C n o nok, . + H H H C) x N a s n 0, rt f 0 .ram 7 0 H H 0 N rt M r I. • 1. H O 0 W 0 s „ra, !� z Z HO ► A) 4i; in. z 3 r . rt ` r IP• N 'NI OI • ii CITY OF WATERLOO, IOWA COUNCIL RECORD ADJOURNMENT 1/3 that the Council adjourn at G A/ p.m. Ayes: . Motion carried. AJeilt:/44ei .4 / Nancy Eckert, CMC City Clerk AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ;d '=i G 0 Y '_] x1 Z 'gr.- to I!► Pi hi (1 y m n m 1• (D n hi 0 (D (D ,, tti txi 0 d tTi DI 1-10 A/ ro n th (D ';„, g a ro 1-3 ' C o (DP. 0 n (D c+ r►� 1 0 H r 0 = )- 0. (D rr 0 0 1 N• ' (D H H►, O 0. (D C '� ri 0 .� 0 I-3 H (1 rr 0. (D (D (D 4 rr . 0 H y' VI o• a x a o '` Z ( H 0 O P. rr ro . ! H °Z 3 Z w 0 P. H p W ►k_ Z Z A— „r IR to 0 n .. ct r N 0 a 0 ;j HI b ; IIII f•r (D Pr. Arm�'►imam�� '1\. OF WATERLOO , IOWA jiff • HUMAN RESOURCES DEPARTMENT 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 erlo '0 ROBERT C.STRINGER • Human Resources Director July 31, 2008 mayor TIMOTHY J. HURLEY COUNCIL TO: Honorable Mayor& City Council MEMBERS We, the members of the Civil Service Commission, certify the following list of applicants, REGINALD A. who are eligible based upon the examination process as set forth by the Civil Service SCHMITT Commission for the appointment to the position of Fire Inspector for the City of Waterloo, Ward 1 Iowa Fire Rescue Department. Appointment(s) shall be made from this list for the next two CAROLYN years (July 31, 2008—July 30, 2010) COLE Ward 2 CERTIFIED LIST Matt Knox HAROLD GETTY Troy Luck Ward 3 QUENTIN M. HART Ward 4 RON Respectfully submitted, WELPER Ward 5 y f� BOB L�+-�' 1l/I� 1-3/` O y , GREENWOOD Tim uce V Date John Blitsch Date At-Large STEVE SCHMITT At-Large Bonetta Culp Date CS LIST FIRE INSPECTOR 08 CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer � �, `, � ,h � �` . ... � 1 1 C filigha CITY OF WATERLOO IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 ROBERT C.STRINGER • Human Resources Director Mayor TIMOTHY J. July 31,2008 HURLEY COUNCIL MEMBERS REGINALD A. The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the SCHMITT Waterloo City Council on November 14, 1983, allow under Chapter IV, Section 2c for the Ward 1 Mayor and the department head to recommend the approval of a promotional eligibility list CAROLYN of less than three individuals. COLE Wan 2 We are recommending the Civil Service Commission certify a promotional list of two for HAROLD Fire Inspector—Fire Rescue. GETTY Ward 3 QUENTIN M. HART _ t2d Ward 4 ��Zv C Tim Hurley,Mayor r---- RON WELPER Ward 5 GREENWOODB B '��� -;.` ''---- AtLare `��. At-Large � Douglas Ca er STEVE Fire Chief SCHMITT At-Large CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • t • A, , - , • - A%IpI�', CITY OF WATERLOO , IOWA T1 OVALltre t HUMAN RESOURCES DEPARTMENT G .S� 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 4tOrr100 �� ROBERT C.STRINGER • Human Resources Director Manor July 31, 2008 TIMOTHY J. HURLEY COUNCIL MEMBERS TO: Honorable Mayor& City Council REGINALD A. SCHMITT We, the members of the Civil Service Commission, certify the following list of mid t applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Signal Technician II for the CAROLYN COLE City of Waterloo, Iowa Traffic Operations Department. Appointment(s) shall be made Iva,,t 2 from this list for the next year(July 31, 2008—July 30, 2009). HAROLD CERTIFIED LIST GETTY Ward 3 Matthew Vlasak Tina Schellhorn QUENTIN M. HART IVard 4 RON WEEPER Wa?rd 5 BOB GREENWOOD Respectfully submitted, At-Large SSCHMITT 7-3/-OP .avi IEVE ,_",(; �i 7 3 01 At-La,,° Tim Luce Date John Blitsch ate 7/' Bonetta Culp Date CS LIST SIGNAL TECHNICIAN II 08 CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer i,4\" i4illafiiiir CITY OF WATERLOO , IOWA or- T (ty HUMAN RESOURCES DEPARTMENT .5� 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 °rl00 �0 ROBERT C.STRINGER • Human Resources Director laryu, July 31, 2008 TIMOTHY J. HURLEY COUNCIL MEMBERS TO: Honorable Mayor& City Council REGINALD A. SCHMITT We, the members of the Civil Service Commission, certify the following list of Ward I applicants, who are eligible, based upon the examination process as set forth by the Civil CAROLYN Service Commission for the appointment to the position of Sign & Traffic Equipment COLE Operator for the City of Waterloo, Iowa Traffic Operations Department. Appointment(s) Ward 2 shall be made from this list for the next year(July 31, 2008—July 30, 2009). HAROLD CERTIFIED I,IST GEM Ward ; Scott Kroeze Mark Lane QUENTm M. Jeff Sharkey HART Ward Debbie Ernst Shane Sires RON Samuel Clark WEEPER Ward 5 BOB GREENWOOD At-Large STEVE Respectfully submitted, SCHMITT At-Large 1 -3/-c ey(2-4._ 7 33 Tim Luce Date ohn Blitsch ate e - Bonetta Culp Date CS LIST SIGN&TRAFFIC EQUIPMENT OPERATOR 08 CITY WEBSITE: www.ci.waterioo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer �\Al f ..,7 CITY OF WATERLOO , IOWA �I�tt�'%4 04... ......^^ HUMAN RESOURCES DEPARTMENT µ`^!'• 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 �botloo �� ROBERT C.STRINGER • Human Resources Director Ma`/ ' July 31, 2008 TIMOTHY J. HURLEY COUNCIL MEMBERS TO: Honorable Mayor& City Council REGI\ALD A. SCHMITT We, the members of the Civil Service Commission, certify the following list of Ward 2 applicants, who are eligible, based upon the examination process as set forth by the Civil CArzoL1N Service Commission for the appointment to the position of Equipment Operator II for COLE the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this Ward 2 list for the next year(July 31, 2008—July 30, 2009). HAROLD CERTIFIED LIST GETI1 Ward; Tony Pauley Michael Gienau QUENTIN M. HART Craig Sutton vA,a.f Jordan Judas Chip Youngblut RON Ryan Anderson WELPER Ward 5 BOB Respectfully submitted, GREENWOOD At-Large STEVE 73/`°U r -4J(— �'c 7/3/ p( SCHMJTT T'm Luce Date John Blitsch Date / At-Lark Bonetta Culp Date CS LIST EQUIPMENT OPERATOR II 08 CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer MEMORIAL HALL COMMISSION July 23, 2008 5:00 p.m. Veterans Memorial Hall Members present: Chairperson Craig White, Phil Thomas, Randall Miller, Richard Hastings, Marcia Courbat, Michael Dennis. Members absent: Dennis Garthoff, Anthony Tisdale, Don Ticknor, Marilyn Robinson. Also present: Rick Hurtado, Carol Failor. Moved by Ticknor, seconded by Miller that the Agenda, as proposed, be approved. Ayes: Six. Absent: Garthoff, Tisdale, Ticknor, Robinson. Motion carried. Moved by Miller, seconded by Courbat that the Minutes of April 23, 2008, as proposed, be approved. Ayes: Six. Absent: Garthoff, Tisdale, Ticknor, Robinson. Motion carried. Treasurer's Report Marcia Courbat gave the July 2008 Treasurer's Report. Ms. Courbat reported the commission has sold 2,600 bricks at $50.00 each and 4 bricks at $250.00 each for a total of $131,000.00, with a balance of $9,893.20. There is a balance of $3,740.09 in the General Fund and $1,296.00 in the Special Fund. Moved by Thomas, seconded by Dennis that the Treasurer's Report be received and placed on file. Ayes. Six. Absent: Garthoff, Tisdale, Ticknor, Robinson. Motion carried. Chairperson's Report Chairperson White reported that the ceiling in the Hazel Gilbert Room needs painting. There is also damage that needs to be repaired to the north wall in the main meeting room upstairs due to the leak in the roof. Committee Reports Education/Historical—Randy Miller reported he has a tour scheduled at Memorial Hall on Thursday, July 31, 2008 at 2:00 p.m. Randy Miller reported he has completed his book, "Echoes of Soldiers & Sailors Memorial Hall". The cost of the book is $5.00 each. With the sale of the books, there is the possibility of$450.00 to start a fundraiser. Finance/Fundraising—Ms. Courbat reported she has received a check from John Deere in the amount of$2,000.00 for installation of a security and PA system. Unfinished Business Randy Miller stated that he would like to get the Healing Fields flags that are being stored in the office removed so they don't get damaged. New Business Chairperson White presented the yearly agreement with the American Red Cross for use of Veterans Memorial Hall as a shelter during times of emergencies. Moved by Miller, seconded by Dennis that said agreement be approved and forward to the city council for approval. Ayes: Six. Absent: Garthoff, Tisdale, Ticknor, Robinson. Motion carried. ! 1 311313 'lt3 pa)ioa AouuN •papiuo uoUow •uosuigo' `Jour!' `ait?ps!' Ijotp.reg 3uasgv •xis :soAy •urd Z},:S pauznofpe ag upaauz mil siuuaa Act papuooas `Jaii!LAi /Cg panouz sum 11 `uotss!uzuzoo aui a1opag ssauisng Jammu ou u1'M Z 3Sud 800Z `£Z 1cinf uotsstutuzoD II�H I�uoutay�i WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING THURSDAY, January 10, 2008 CITY HALL, 2ND FLOOR CONFERENCE ROOM 4:04 P.M. — 5:07P.M. Call to Order Commissioner Amos called the meeting to order at 4:04 pm on Thursday, January 10, 2008. Roll Call Jerome Amos, Mary Boes, Michael Brockway, Judy Seedorff, Rhonda McRina(4:10) Excused absence: Zulfeta Rizvic, Ed Loggins Unexcused absence: Staff Present Thadine Graham, David Meeks Oral Presentation from the Public- Commission Liaison Present: Approval of Agenda Commissioner Brockway moved to approve January 10, 2008 agenda, Commissioner Seedorf seconded, motion carried. Minutes Commissioner Seedorf moved to approve the December 13, 2007 minutes, Commissioner Boes seconded, motion carried. Police Chief Tom Jennings, Tracking Data Chief Jennings reported for the past thirty days, there have been 'no complaints' of racial profiling filed with the police department. No complaints within the last nine months of racial profiling. Within the past 365 days, there have been two racial profiling complaints. The officers were exonerated. On the taser report, the number of instances with tasers is down. There were only eight incidents within the last thirty days. Chief Jennings reported the department will purchase seven new squad cars. All new squad cars will have digital video and audio that will be on all the time. Discussion. Financial Report Commissioner Boes moved to receive and place the November Revenue and Expense report on file. Commissioner Brockway seconded. Discussion. Motion carried. 1 Commission Management Annual Budget Request Cycle Director Meeks stated the Commission is going through our annual budget process. The deadline to submit the budget was December 26th, 2007. The Mayor and the Finance Budget Committee will start reviewing budgets with department heads starting January 16th, 2008. Notice of budget hearing will be published in the Courier February 17, 2008. Director Meeks further stated the Commission is requesting a full time housing coordinator. Discussion. Training Opportunities Director Meeks encouraged Commissioners to bring to his attention specific trainings they desire to attend and to take advantage of trainings within the community. The HUD National Fair Housing Policy Conference will be held April 8-11 in Atlanta, Georgia. Director Meeks encouraged Commissioners to check their schedules before committing to attend and to call the office to sign up. Tentatively, Commissioner Amos, Commissioner McRina and Commissioner Brockway are interested in attending and will call the office to register. Commission Vacancies Thad Graham reported, to date, we have received two applications and two emails from individuals requesting applications. Director Meeks encouraged Commissioners to send a copy of the commission vacancy application to their personal email directory. The deadline to apply has been extended. Discussion. Replacement for Vice Chair Commissioner McRina moved to place Commissioner Ed Loggins into the Vice Chairperson position, Commissioner Brockway seconded, motion carried. CDBG Request Director Meeks reported the deadline for submitting CDBG applications is January 3rd, 2008. The Community Development Block Grant Board's first public hearing is scheduled for January 15th, 2008. The second public hearing on subcommittee recommendations is scheduled for February 19th, 2008. Discussion. Commissioner McRina reported on a concern regarding a potential fair housing case and will contact Robin Means, Fair Housing Coordinator. Director Meeks stated he would follow up with Robin Means. Discussion. Gaming Request Director Meeks announced receiving notification from the gaming board regarding the application deadline process. It appears a decision will be made by the end of February on the grant request. Human Rights Day Nominations Thad Graham reported we have a tentative date of February 21st— 11:30am—2:00pm—Waterloo Center for the Arts. Nominations forms will go out soon. Discussion. 2 Executive Director's Report Director Meeks stated the Commission is working on the part time education/outreach position. In February, the office will have a VISTA person assigned to our office for a year with no expenses to the Commission. This individual will assist with our education/outreach activities. Discussion. Director Meeks stated the Commission has four tickets to the Martin Luther King Banquet. Please let Thad know if you are interested in attending. Staff Reports Director Meeks thanked the Commission for having a successful year. Events that took place this year were as follows: an award ceremony in February, two Job Fairs— (March &July), Harmony Festival— (June), ADA Bus Tour— (August) and success in the passage to add sexual orientation to the ordinance. Commissioner Loggins thanked the director and staff for all their hard work in 2007. Fair Housing Report • Total Inquiries—Six • Total Fair Housing Cases—One • Total Cases Closures -One EEOC/Employment Rebecca reported we had 9 inquiries for the month of December. 3 opened, 4 in case holding status and 2 had no jurisdiction. The total cases in case holding at the end of December was 47. As of December 31, 2007, we have 256 total Title VII cases. No cases were closed in the month of December. Informal mediations are currently taking place on three different cases. Outreach activities—There were no outreach activities in the month of December. Thad Graham reported Rebecca Johnson needs Commissioners to serve on a Complaint Review Committee. The following Commissioners volunteered: Judy Seedorf, Rhonda McRina, Jerome Amos, and Michael Brockway. Rebecca will contact the committee regarding a meeting date. Commissioners Reports Planning and Zoning Commissioner Amos announced Commissioner Ed Loggins expressed an interest to serve on the Planning and Zoning board. Commissioner Brockway moved that Commissioner Ed Loggins become the representative to serve on the Planning and Zoning board replacing Warren George, Commissioner Boes seconded, motion carried. Other Commissioner McRina asked about the possibility of having a high school representative on the Commission. She reported there is a lot of `unrest'at East High School. Director Meeks stated he would contact Dr. Beverly Smith and schedule a meeting to discuss this concern. Adjournment With no further business to come before the Commission, Commissioner McRina moved the meeting be adjourned, Commissioner Seeforf seconded, motion carried. 3 WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING THURSDAY, February 14, 2008 CITY HALL, 2ND FLOOR CONFERENCE ROOM 4:07 P.M. — 5:05P.M. Call to Order Commissioner Amos called the meeting to order at 4:07 pm on Thursday, February 14, 2008. Roll Call Jerome Amos, Michael Brockway, Judy Seedorff, Rhonda McRina,Ed Loggins, Zulfeta Rizvic Excused absence: Mary Boes Unexcused absence: Staff Present Thadine Graham, David Meeks Oral Presentation from the Public- Commission Liaison Present: Approval of Agenda Commissioner McRina moved to approve the February 14, 2008 agenda, Commissioner Brockway seconded, motion carried. Minutes Commissioner Seedorf moved to approve the January 10, 2008 minutes, Commissioner Brockway seconded, motion carried. Police Chief Tom Jennings, Tracking Data Lt. Joe Liebold, on behalf of Chief Jennings, reported for the past ninety days, there have been 'no complaints' of racial profiling filed. On the taser report, the number of instances with taser deployed for the month was seven. Discussion. Financial Report Commissioner Loggins moved to receive and place the December Revenue and Expense report on file. Commissioner Brockway seconded, Commissioner McRina abstained. Discussion. Commission Management Gaming Request Director Meeks reported the Commission received a letter from the Gaming Board indicating our application for gaming funds was denied. The next opportunity to apply for the gaming grant is 1 April 2008. It was the consensus of all Commissioners to continue pursuing the application process for gaming funds. Commissioner McRina suggested scheduling a meeting with the Mayor, Commissioners and representatives from the Gaming Board. Discussion. Director Meeks will call to set up a meeting. Commissioner Amos stated he would call the Mayor's office and set up a meeting with the Mayor and Commissioners to discuss specific Commission concerns. Discussion. CDBG Request (HUD Letter(1-11-08) Director Meeks reported the Commission's request for CDBG funding was denied. On March 17th there will be a work session with the City Council and Director Meeks encouraged Commissioners to attend the work session and ask questions. It is the consensus of the Commission to follow up and schedule a meeting with representatives from the CDBG board to discuss the board's decision to deny funding the Waterloo Commission on Human rights grant request. Extensive discussion. Annual Budget Request Director Meeks stated he met with Mayor Hurley and Michelle Weidner, Chief Financial Officer, regarding the FYE09 annual budget request. The anticipated budget request will be similar to the FYE08 budget regarding outside funding sources. Director Meeks stated we are continuing to seek outside corporate funding. Discussion ICRC 2008 contract (EEOC cases) Director Meeks stated the ICRC 2008 contract will offer to pay the Commission $100 per case. The case must be completed and closed within one year. If the case takes over one year to complete, ICRC will pay $55.00 per case. Executive Director's Report Director Meeks reported receiving a letter from the HUD office dated November 2007 stating all HUD funds were exhausted and unavailable to support fair housing agencies for this fiscal year due to budget constraints. Discussion. Director Meeks reminded Commissioners the National Association of Human Rights Workers have priority to attend this September conference. Discussion. Outreach &Education Director Meeks stated the Fair Housing month activities would take place in April 2008. The Commission is waiting to confirm a speaker from the HUD office in Kansas City. Discussion focused on performing `test' in the area of familiar status. Landlords would be notified of the testing dates. Other Thad Graham reported on the upcoming Human Rights Award luncheon to be held Thursday, February 21st—Waterloo Center for the Arts. Abraham Funchess, Jr. will be the featured speaker. Would like to encourage Commissioners to participate. Director Meeks stated we requested a VISTA worker. Angela Burt starting working with the Commission on Monday, February 1 Discussion. Thad Graham reported, to date, we have received ten applications for the commission vacancy Pp 2 positions. Thad Graham reported we are waiting for the travel request to be approved regarding the National Fair Housing Policy Conference to be held in Atlanta, Georgia—April 8th— 11th. Staff Reports Fair Housing Report • Total Inquiries—Six • Total Fair Housing Cases—One • Total Cases Closures -One EEOC/Employment Rebecca reported we had 17 inquiries for the month of January. 4 opened, 9 in case holding status and 4 had no jurisdiction. The total cases in case holding at the end of January was 49. As of January 31, 2008, we have 253 total Title VII cases. Eight cases were closed in the month of January. Five cases submitted to Complaint Review Committee, three were transferred to the Iowa Civil Rights Commission. Outreach activities: January 30, 2008 Cedar Valley ECI (Employer's Council of Iowa) Luncheon Meeting. Spoke about the effects of Sexual Orientation and Gender Identity. Commissioners Reports Planning and Zoning Commissioner Loggins reported on his attendance at the Planning & Zoning meeting. Commission Loggins stated the meeting was interesting and there is a lot he has to learn. Other Commissioner Amos reported he was selected to serve on the Workforce Development Board for the State IWB, as the vice chair. Commissioner Amos stated he has accepted the nomination for this position Adjournment With no further business to come before the Commission, Commissioner Loggins moved the meeting be adjourned, Commissioner Brockway seconded, motion carried. 3 WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING THURSDAY, March 13, 2008 CITY HALL, 2ND FLOOR CONFERENCE ROOM 4:05 P.M. —5:05P.M. Call to Order Commissioner Amos called the meeting to order at 4:03 pm on Thursday, March 13, 2008. Roll Call Jerome Amos, Michael Brockway, Judy Seedorff, Ed Loggins Excused absence:Mary Boes, Zulfeta Rizvic, Rhonda McRina Unexcused absence: Staff Present Thadine Graham, David Meeks, Angela Burt (Vista Volunteer) Oral Presentation from the Public- Commission Liaison Present: Approval of Agenda Commissioner Seedorff moved to approve the March 13, 2008 agenda, Commissioner Brockway seconded, motion carried. Minutes Commissioner Brockway moved to approve the February 14 Minutes, 2008 minutes, with corrections, Commissioner Loggins seconded, motion carried. (Correction: Commissioner Amos stated the correction should read "Commissioner Amos will be nominated at the march 28th meeting for the position of Vice Chair for the Workforce Development Board—State IWB and if the position is offered to him he would accept it) Police Chief Tom Jennings, Tracking Chief Jennings, reported there have been the following changes in the police department: Lieutenant Joe Liebold has been promoted to Captain in charge of finances, training, and will be the liaison for internal affairs. Sergeant Frank Kroug has been promoted to Lieutenant and Rob Cameron has been promoted to Sergeant. March 31 we will hire six police officers, four male, and two female, one female is Serbian and speaks four languages. Ca Captain Arends retired in February. Lieutenant Keynote is retiringApril 1st. There were twenty-six p Y incidents of"use of force" in the past thirty days. No racial profiling complaints in the past thirty days. There were eighteen incidents of the tasers being displayed. No injuries. Discussion. Financial Report Commissioner Loggins moved to receive and place the January Revenue and Expense report on file. 1 Commissioner Brockway seconded, motion carried. Commission Management CDBG Director Meeks reported the Commission will not receive CDBG funds this year. Commissioner Amos stated he requested a copy of the federal CDBG report from Rudy Jones, Community Development for review. Extensive discussion. Commissioner Amos stated the Commission will not pursue CDBG request for funding this year. Director Meeks stated the Commission would like to give a big 'thank you' to Mayor Hurley for taking the initiation and supporting the Commission in approving additional funds from the general fund. Funding Fair Housing Coordination Director Meeks reported the Commission was approved to increase Robin Means, Fair Housing Coordinator, hours to 40 hours a week, long term temp status to meet HUD expectations for a full time position. By Robin going full time, this will help to generate enough cases to become self-sufficient and pursue proactive education and outreach work that is necessary to notify the public about the non-discrimatory practices by landlords. Commissioner Amos reported he, along with Director Meeks, did a promotional fair housing taping. This should be aired on public television in the near future. Director Meeks requested moving the April 10th Commission meeting to April 17th due to the director, staff and commissioners attending the National Fair Housing Conference in Atlanta, Georgia—(April 8-11th). Commission Seeforf moved to change our April 10th meeting to April 17 in order to accommodate the commissioners attending the national training, Commissioner Loggins seconded, motion carried. FYE09 Budget Request Director Meeks stated the City Council approved the Human Rights FYE09 budget on March 10t''. Will received $20,000 in addition monies. Discussion. Commission Vacancies Thad reported the following dates for interviewing the candidates are: March 18 — 5:30pm— 6:30pm and March 20 - 5:30pm—6:30pm in half-hour intervals. Discussion. Commissioner Amos suggested having a retreat for new commissions joining the Commission. Discussion. Executive Director's Report Director Meeks reviewed the FYE09 budget. Would like suggestions from Commissioners for a resource list to contact regarding additional funding to keep the fair housing position on a long-term basis. Director Meeks suggested checking into corporate funding sources. Discussion. Director Meeks reported that Ralph Rosenberg, from the Iowa Civil Rights Commission will conduct a testing project to help us know and approve our efforts and activities in the areas of educating landlords on housing rights for tenants. Testing will include familial status, specifically with single parents with children. There will be a press conference and the staff is currently working on flyers. Director Meeks reported on April 30, 2008 the Commission will present a Town Hall Forum held at the Waterloo Center for the Arts, 6:00pm—8:00pm. Topics include: Landlord/tenant laws, Fair Housing for People with companion animals (disabilities), Predatory Lending,Non Discrimination in Familial Status. There will be a representative from the HUD Office in Kansas City, and Tom Good from Iowa Civil Rights Commission as presenters. 2 Discussion. Director Meeks reported Summer Harmony Day would be held June 20th— 1:00pm— 7:00pm in Lincoln Park. (Working on confirming Young Arena as a possible back up this year if it rains) Discussion. Director Meeks asked for commissioner participation for all events sponsored by the Commission. The four major activities sponsored by the Commission are: (Human Rights Day, Fair Housing Month, Summer Harmony Day, Cedar Valley Conference on Race) Director Meeks requested commissioners assist and be available for all events if possible. Extensive discussion. Staff Reports Fair Housing Report • Total Inquiries—Six • Total Fair Housing Cases—One • Total Cases Closures -One EEOC/Employment Rebecca reported we had 21 inquiries for the month of February. 7 opened, 9 in case holding status and 5 had no jurisdiction. (1 with no jurisdiction was referred to ICRC as it was against the City of Waterloo) The total cases in case holding at the end of February was 43. As of February 29, 2008, we have 264 total Title VII cases. One case closed in the month of February. Outreach Activities: February 21, 2008 —Human Rights Day Commissioners Reports Planning and Zoning Commissioner Loggins stated the Planning and Zoning board would be hearing from the LS power plant regarding a decision in the near future. There was also discussion from an individual regarding rezoning of a property fence. Other Angela Burt, VISTA volunteer, stated she received a form from Jennifer at VISTA stating she has been trying to get this form filled out for the past two months. Brenda in Cedar Falls stated the Cedar Falls Commissioners completed their VISTA form. Would like to request our Commissioners help in completing the form. Director Meeks stated he would forward the form to the Commissioners by email. Discussion. Commissioner Loggins would like to encourage Commissioners to pay close attention regarding race issues occurring at East High school. Discussion. Adjournment With no further business to come before the Commission, Commissioner Loggins moved the meeting be adjourned, Commissioner Brockway seconded, motion carried. 3 WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING THURSDAY, April 17, 2008 CITY HALL, 2ND FLOOR CONFERENCE ROOM 4:05 P.M. —5:05P.M. Call to Order Commissioner Loggins called the meeting to order at 4:03 pm on Thursday, March 13, 2008. Roll Call Michael Brockway, Ed Loggins, Zulfeta Rizvic, Judy Seedorff, Excused absence: Mary Boes, Jerome Amos, Jr., Rhonda McRina Unexcused absence: Staff Present Thadine Graham, David Meeks, Angela Burt (Vista Volunteer) Oral Presentation from the Public- Commission Liaison Present: Approval of Agenda Commissioner Seedorff moved to approve the April 17, 2008 agenda, Commissioner Brockway seconded, motion carried. Minutes Commissioner Brockway moved to approve the March 13 Minutes, 2008 minutes, with corrections, Commissioner Loggins seconded, motion carried. Police Chief Tom Jennings, Tracking Data by Lt. Krough Chief Jennings, reported by Lt. Krough, I have taken Caption Liebold place in the Internal Affairs Division, This is a rent that I actually ran last week for the Chief it was for 30 days from March 1 lth through April lot at that time he use of force incidents, we had a total of 30 of use of force incidences. We did have one racial profiling complaint in the last 30 days that is still pending ongoing investigation at the time. Oral Presentation from the Public Ricardo Uranga, Jr. he is one of our new commissioner elect, that was nominated and is now in the conformation process. 1 Financial Report Commissioner Seedorff moved to receive and place the February Revenue and Expense report on file. Commissioner Brockway seconded, motion carried. Commission Management Housing testing project, I would like to issue that during the month of April the Fair Housing will be celebration their 40th Year Anniversary of the Housing Act of 1968,we thought one of the best ways to bring the Iowa Select Commission to come in and do housing testing through the month. We are going to test 20 unites, such as family size, families with small children. We will test standard female, Adults no children, and adults with children. The results will come out June 16th Longfellow Closing, report by David Meeks Any time you close a school you are going to have opposing side to that, Longfellow being on the Eastside and the north side of the river, and the area that have a high population of minorities families, African American, Latinos, give the view of is this a racial motivated decision. Our representative Quinton Hart, Dr. Blackwell, and someone from the culture center, basic all what we have are just trying to represent the community and pass information out to both sides so everyone has the most information available. We have meet with the Superintendent Office, Dr, Jones, and Dr. Beverly Smith and other staff to inform them of the Community Hearing so that when a decision is made everyone will be aware to why the choice was made to close the school. David if I might add to that, when we talk to Beverly Smith, Dr. Jones they said that there was nothing races about the decision the close the school, but form a stand point of busing and statistics like that we could not just take there word for it. When you start looking at the statistics and those types of things there could be questions raised that was the reason for the letter. How will the impact of the closing of Longfellow affec t Logan when the new school opens, will they then transfer some of those same children back to Logan, because Logan has also had a decline in enrollment. HUD, reported by Jerome Amos, Jr. Policy Conference was very informative there were several different classes that you could attend. Talked about the housing foreclosures through the country, talked about some of the remedies that could be done to eliminate some of those foreclosures. Went to several different author chats that had books out there as far as racism, one had to do with some of the lynches that on in the south. I pick up some information on the Faith-Base Community Organization that will be given to Ed to give out to the Community. I also took a grant writing course. Staff Reports EEOC/Employment by David Meeks We have about 40 cases that we will be closing next month, and we have 20 that we transferred and we will receive $25 per each case and that was the older cases. The intern will be leaving after May. 2 Commissioners Reports Planning and Zoning LS Power voted on annexation and passed it. Why did you vote for against it, Because of the impact, more pollution, more traffic, negative impact to how would want to build near a power plant. Did not give him time to ready the documents, they did not give an objective viewpoint. Why did you vote for it, LS Power answered each one of the question when they were asked, the people that were giving this land from was 100%volunteered, those were the people that really made a difference in my voting. Adjournment With no further business to come before the Commission, Commissioner Loggins moved the meeting be adjourned, Commissioner Brockway seconded, motion carried. Next meeting Thursday, May 8th 2008 3 WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING THURSDAY, May 8, 2008 CITY HALL, 2ND FLOOR CONFERENCE ROOM 4:05 P.M. —5:05P.M. Call to Order Commissioner Amos Jr. called the meeting to order at 4:05 pm on Thursday, May 8, 2008. Roll Call Jerome Amos Jr., Michael Brockway, Rhonda McRina, Mary Boes, Judy Seedorff, Ricardo Uranga Jr., Carmen Johnson, Dustin Cox Excused absence: Edward Loggins Unexcused absence: Zulfeta Rizvic Staff Present Freada Omasi, David Meeks, Angela Burt (Vista Volunteer) Oral Presentation from the Public- Commission Liaison Present: Approval of Agenda Commissioner Seedorff moved to approve the May 8, 2008 agenda, Commissioner Boes seconded, motion carried. Minutes No Minutes available at this time Police Chief Tom Jennings, Tracking Data by Captain John Beckman Chief Jennings, reported by Captain John Beckman, In the past 30 days we have had 10 tazer incidents 4 were African American, 4 White and 1 Hispanic, and of those 10 we have 5 deployments that involved two African American, two Whites and 1 Hispanic. The use of force incidences, 10 were with African Americans, 6 with White, 2 Hispanics male, and they were physical hands on deployments. There were 2 incidents of OC Spray. Racial profiling there was an incident with a White Female Driver with two African American occupants in a traffic stop. That has not been resolved yet and is still under investigation. Complaints that have been lodged with the Internal Affairs Unit some was revolved and some are still on going. One of the on going investigations is that a 16 yr old student at West High stated that the office grab her by the neck and slammed her head into the desk, the officers has been cleared. The two cases were cleared through our Internal Affairs. 1 Oral Presentation from the Public None available at this time Financial Report There were line item adjustments made in postage and education training under housing, made the line item adjustment legal and Commission Management New Commissioner We have Dustin Cox, Ricardo Uranga Jr. and Carmen Johnson was welcomed to the Waterloo Commission on Human Rights Executive Director's Report Fair Housing Forum, attendance was low, the speaker was a great speaker and left with us some very good data and if any one would like to have the power point you can come down to our office and receive a copy. Summer Harmony Day/Juneteenth Day, this is a background will be going out shortly; our goal is to feed up to 900 people this year. We have several different vendors that have and will be donating to the event. We will have hot dogs, pork patties, Hy-Vee Foods that will give $50, Wal-Mart, Juvenile Court Services, and County Services that will help with the food line, police and keep it clean. Waterloo Police SRO, Drum and Bugle Team, I am going to request the Bosnian dance group to entertain, and have some slam poetry. 10 different resource groups will be present. Question posed by Rhonda; wanted to know, if we can have more of a police presences to promote harmony, especially since we are going to have young people there. If possible we can speak to Chief Jennings to see we have more of a presence, not to patrol, suggestion was made to have them give out the Patrol Info Cards, and interact with the people. The backs up location if it rains will the Young Area. One Iowa Group, David Meek meet with Brad Clarke and a Representative Omaha at the City Council meeting in Cedar Falls for the GLBT project. The Fairness Alliance and the UNI group Unglow was represented and several other groups and they talk about some of the some of the initiatives they are trying to do and I encouraged them to come and get out there literature. Corn. Brockway: Cedar Falls has still not passed a Protection for Sexual Orientations and Gender Identification. Corn. Amos stated that they had to rewrite the code and reword the documents. The Mayor of Cedar Falls said that t they will be passing it but they had not done it at this time. Staff Reports No new staff information at this time EEOC/Employment No new information Commissioners Reports Planning and Zoning The City of Waterloo did pass the LS Power Plant for zoning request. As a Commission we did not take a stance on this issue. Corn. Amos, as chair of this commission, I had a conservation with the Mayor, and one of the thing that I stated to him was that I did not want this commission to be a political body in any way shape or form, we as a commission we are just that commissioners and when it comes to politics we need to stay focused as far as the direction that we are going. 2 Adjournment With no further business to come before the Commission, Commissioner McRina moved the meeting be adjourned, Commissioner Brockway seconded, motion carried. Next meeting Thursday, June 12th 2008 3 WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING THURSDAY, June 12, 2008 CITY HALL, 2ND FLOOR CONFERENCE ROOM 4:05 P.M. —5:05P.M. Call to Order Meeting cancelled due to Flooding Roll Call Staff Present Oral Presentation from the Public- Commission Liaison Present: Approval of Agenda Minutes No Minutes available at this time Oral Presentation from the Public None available at this time Financial Report Commission Management Executive Director's Report Staff Reports No new staff information at this time EEOC/Employment No new information Commissioners Reports Adjournment Next meeting Thursday, July 10th 2008 1 WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING THURSDAY, July 10, 2008 CITY HALL, 2ND FLOOR CONFERENCE ROOM 4:05 P.M. —5:05P.M. Call to Order Commissioner Amos Jr. called the meeting to order at 4:07 pm on Thursday, July 10, 2008. Roll Call Jerome Amos Jr., Michael Brockway, Mary Boes, Judy Seedorff, Dustin Cox, Ed Loggins, Excused absence: Rhonda McRina, Carmen Johnson Unexcused absence: Zulfeta Rizvic, Ricardo Uranga, Jr., Staff Present Freada Omasi, David Meeks Oral Presentation from the Public- Commission Liaison Present: Approval of Agenda Commissioner Seedorff moved to approve the June 10, 2008 agenda, Commissioner Boes seconded, motion carried. Minutes No Minutes available due to flooding Police Chief Tom Jennings, Tracking Data by Captain Frank Krogh Captain Frank Krogh, addressed the Commission with a report on the use of force incidents, in the past 30 days, there were 26. There have been a total of 15 tazer incidents. There were 6 deployments. Of all the tazer incidents no serious injuries were report other then the probe removal. There were no Racial Profiling incidents reported in the last 30 days. Oral Presentation from the Public None available at this time Financial Report It has been moved, by Commissioner Loggins and 2nd by Commissioner Boes, that the financial reports be accepted. Commission Management by Director Meeks 1 Ordinance Change: The reason for the ordinance change was to reflect the vote that the Legislators passed in June to reflect a 300 days filing limitation form the last incident. Commission Amos, question is this going to be a problem or disadvantages or positive or negative change to the processing the claims. David Meeks stated it gives the local agencies more of and opportunity to investigate it locally before moving on to other outside agencies and allows us to reap the monetary gain, if we can solve the issue here first. EEOC: Gave the Human Rights Depai lnient a grant to place a campaign in place to get the attention of the local community that they have a voice and the sign reads"Got Rights"with a finger pointing to the Human Rights number, EEOC Number and the ICRC Number and it was placed on the back of two buses that would be visible on both side of town and any give time of the day. CDBG: Will start taking application in November. David Meeks has set a meeting to meet with Rudy Jones of Community Development, and Noel Anderson of Zoning and Planning on the 30th of July. Conference on Human Rights 2008: We have a keynote speaker David Jackson out of Knoxville, Tennessee. Who is originally form the Iowa area, we have limited our budget to $1500.00. HUD: We are on a new funding cycle, HUD always run a year behind and we will be limited in our funding to go to training, we are trying to get as many of our commissioner and staff to as many trainings as possible. Iowa Mosaic Diversity Conference will take place on October 20, 2008 in Ames, IA Executive Director's Report by Director Meeks Summer Harmony Day/Juneteenth Day: It was a great success this year and I would like to thank the Staff and the Commissioner for their envelopment. We have had great involvement from the community. It gives us a high visibility to let the community know that Human Right Commission is here and helping the community. EMA: EMA sent people out to get a temp job at the site and sent people out to apply for Jobs and every one was turned away, because that we not the avenue in which to apply for the jobs, so I (David Meeks)meet with Martha Frazier who is the new Chairperson and we went out and talked. What they did in order for people not to have any bad feelings about the Tide Washing Station was to donate 6 boxes of tide to the EMA Church for people who would come later and need the services. I will be meeting with EMA on the 16th of July and will be sharing this information with the EMA Board. Administrative Secretary Position: The position should be completed in the next three weeks and we currently have Freada Omasi as the temp Admin. Sec. and we are pleased with the job that she is doing and she has been a great asset to the WCHR and she has stepped in and help out greatly with the Summer Harmony Day event. Three Major Commission Events: We have been the most active commission over the past two years in the State of Iowa and that is with the 23 Human Rights Commissions, but activity is busy and it takes resource and time. We have established 3 things through the year and they are the Award Banquet which will be the 19th or 26th of February; Summer Harmony Day which will be held on June 19th, and the Conference on Human Rights which will be held in November. What we are going to do is get all our resources together, and all our information and any thing that we want to promote in those three time slots. Staff Reports Fair Housing Report Robin Means will be attend HUD Week 2 training in Washington. Title VI report Becky Johnson, have been able to get the case load down from three years to a twelve month case load. 2 EEOC/Employment Information not available will be sent as attachment Commissioners Reports by Ed Loggins Planning and Zoning: The commission are going to go down from 13 to 9, but the Human Rights will maintain there seat, and we will be able to stay as a voting member of that committee. Other Case Reviews: Jerome Amos, Jr. I would like to discuss the case reviews, they are a good thing and I am asking you right now David, are the case reviews something that we the commissioner need to do or is it more something to keep us informed to what is going on. It is more for the Commission to know what is going on, more relevant is the that we have found probable cause on and those cases will be move forward to a public hearing, and have legal finding in the public, those are the ones that will have a public impact. The reason that I brought this up, is because I want the Commissioner to thinking about this that if a case review is on the books, is it something that we need to do or, is it just to be used as a learning process and if that is the case I think we should continue to do it. The state standard is that the Commissioners only get involved if they do not have a staff, and they the commissioners are the one that listen to the complaint or if there is no probable cause or if the complainant request the case be reviewed, and they want someone else to look at it other than the one that found no probable cause in the case. Once we make a finding, within the Department it is a legal document that is the Commissions decision. The Commission is asking David to look at it and find out what part of it that we really need to d and come back with the recommendations to us on what direction we need to take, if any. From a legal stand point if David decision is binding and final why would we come in a review those cases. Adjournment With no further business to come before the Commission that the meeting be adjourned, any apposed. The meeting is adjourned. Next meeting Thursday, August 14th 2008 3 N co O O O e— O to coO Q o N O O to O +J (- Z coN co a j LO 0 CO Y (.9 C a) E 4 C t 4) O Q.O U 0 U 2 co 0 a N N C O O W .� 2O N N „w a) a z o0 O c X .. _ N , CC U CO � W O �' H O0 W 0ao Q > o ~ s m I— O c -a W Z Z n U to E U (Y`0 N > O C co a U L.L. - 0. - U a a) a) 4---- , ,..., N o 03 N N 0 N t 4 �, N co V' V ct LL,-A�- t�_op Y vJ vJ E 0 Q O * * C * * * U * * * * * * * * * * • * * U Z a) O ic• U CO — Q * >O '6 1 Cuo. Q o O 73 c) 4c.).Q N a) m v. coas 11)0 c O N �, L. N0 O 00 ` / 0 co 7 '� 0.� U (0 •P N 0) O O �, O _O N t t jg a Q > Q U o 0 1 N CO O O CD O , ) co ko (O (coo N Q C .-- '- p (V N O O ro in to Z •as �) , -0y U O O co m Y 0 T- C7 N (0 O Z c Ws ,ii W a)a� E X no co m 0 U C a) � a) o . l�.05 p 0)a CE o pZ\0w � c a. o , LL U Cn W L V L Q >> O 0 0 , ``�/ a0 LL Z Z a) •() Ti > E u0) t C Co. as 2 co 0 Q U a U CL > CI Q O Ti v O o 0 (NIco C - N N 3 CV O E Q * * * To O ** • F- * * c * * * * * U * a) c * z * o CO * Z* a) Q itU 10 I .0 co O N < * C 11 i C Co CO 0 0. 0 — Q N a) O n L. O0 co a) co0 C ` CO •�N = CO C C N > U r \ > < > QU C n a) / a O a. 7 N CO 0 0 R � In LC) 2 $ 0 0 C / RR o / \ / / # Z . 3 / , / Y GG d \ q £ E ® c e g /0 \ t ... co/7o W . a § 0 ® � a� Za)/ƒ 3 $ co ~d <u2 E@ § � ? & O o � 4 Q w a ? § CO / / m � 2 Z ® to ® _ \ o E '� e \ $ < a) / < keL 2 / / ' o_ O UIL « < \ 2 co / $ k � � ƒ � k co •• \ E G 2 0 • F- L) * o - 2 2 § / co �Ni a) / i a � c # g .0 � a) ® ; k $ 0 oC \) O k / C © g # - �£ : E 11 < > < Q k 0 t $. m k / o 0) � $ \ a k & &§ kkk a & \ f 3\ = $ o k 0 0 d 9 ? CO q $ - + E # a — 2 / — k 0) # sr- / / � k � / 3 - Wyk / / � / ~ Clc> 2 ± U 1 / / o / R / ..... m 7 § 5 / a \ / / co 2 b w " E \ t / \ G ƒ / a k `- � � f & CO 4c \ / \ CO 0 0 O) E ^ 2 / } • w } k | i 0 § 7 / { k CO } ) # @ 7 0 _ ! 3 4 1 1 § co/ 0 ),1 I % o ® 2 ,! m / a _ ,0 o or k / ,- 0 9 5 .» { J > < 6 / / k' m } k / 2 — CO LC) _2 o CJ k to 15 . � E / z 2 3 % j / k $ d q 0 /R S \ k / $ 5 . k - / / 2 a) f / / j / E W u) a. q o be a) / Um \ < > c c 6rc @ 6 \ 7 / $ , 2 ± 2 2 0 . /� / @ + ' � »& c /'- / 2 \ Luc() w O Uo <U a a) • a) ƒ0 £ � CV CO \ $ 5 J n » O y q q $ < / � < ® 2 a) , E < o E ® / E 2 __ 0 7 . a = co w o < / 0 Q c ® 0 (I)CB _ N . I - 1tii , o / Q @ m 0 2 k / § © 0 R E/ ƒ ƒ Q - � /Cl)