HomeMy WebLinkAboutCouncil Packet - 3/20/2017Amended Council Agenda Items
Council Meeting
Monday, March 20, 2017
MEND
Item # 1.B.2. b, c, f, g, h, i, j, k, 1
Liquor licenses: Change each to read Includes Sunday.
Items noted were erroneously marked Does Not Include Sunday.
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, March 20, 2017
5:30 PM
CITY OF WATERLOO
GOALS
1. Support the creation of new, livable wage jobs through a balanced economic development
approach of assisting existing businesses, fostering start-ups, attracting new employers
and cultivating an adequate workforce.
2. Implement a Community Policing strategy that creates a safe environment in Waterloo.
3. Reduce the City's property tax levies through a responsible balance of cost reduction in
City operations and increases in taxable property valuations to ensure that Waterloo is a
competitive, affordable, and livable city.
4 Enhance the image of Waterloo and the City to residents and businesses inside and outside
of the community.
General Rules for Public Participation
1. At the chair/presider's discretion, you may address an item on the current agenda by
stepping to the podium, and after recognition by the chair/presider, state your name,
address and group affiliation (if appropriate) and speak clearly into the microphone.
2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you
have registered with the City Clerk's office no later than 4:00 p.m. on the day of the
Council Meeting. If not registered with the City Clerk's office you may speak one (1) time
per item for a maximum of three (3) minutes.
3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow
everyone who wishes to address the council, using the same participation guidelines found
in these "general rules".
4. Although not required by city code of ordinances, oral presentations may be allowed at the
chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral
presentations" section of the agenda is your opportunity to address items not on the
agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you
have registered with the City Clerk's office no later than 4:00 p.m. on the day of the
Council Meeting. If not registered with the City Clerk's office a speaker may speak to one
(1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken
by the Council at that time, but may be placed on a future agenda or referred to the
appropriate department.
5. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office
at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the
day of the City Council meeting to appear before the City Council (may also register by
phone). Registered speakers will be given first priority.
Page 1 of 196
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Mark Rice, Public Works Director
Agenda, as proposed or amended.
Minutes of March 13, 2017, Regular Session, as proposed.
ORAL PRESENTATIONS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on
file in the office of the City Clerk.
2. Resolution setting date of public hearing as April 3, 2017, for the sale and
conveyance of city owned property located at 718 Kern Street to Leeca Jones
with a purchase price of $80,000 and down payment assistance of $10,000 using
HOME funds and instruct City Clerk to publish said notice.
Submitted By: Rudy D. Jones,Community Development Director
3. Resolution setting date of public hearing as April 3, 2017, to approve an
amendment to the City of Waterloo Zoning Ordinance No. 5079 to update multiple
sections including changes for reference to billboard and off -premise advertising,
residential fence coverings, regulations for recreational uses including both indoor
and outdoor recreational uses, changes to the floodway regulations for reference
to drainage and detention facilities, and changes to the regulations for wireless
communication facilities, and other miscellaneous updates.
Submitted By: Aric Schroeder, City Planner
4. Resolution approving preliminary plans, specifications, form of contract, etc.
and setting date of bid opening as April 6, 2017 and date of public hearing as April
10, 2017, for the FY 2017 Street Reconstruction Program, Contract 921, and
instruct City Clerk to publish said notice.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
Page 2 of 196
5. Resolution re -setting date of bid opening as March 30, 2017 and date of public
hearing as April 3, 2017 for the replacement of fuel pump dispensers at the City
fuel distribution site and instruct City Clerk to publish said notice.
Submitted By: Mark Rice, Public Works Director
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Craig Billerbeck, Lab Tech (AMENDED)
Class/Meeting:Submersible Pump & Control Panels
Destination: Kirkwood Community College, Cedar Rapids, IA
Dates: March 6, 2017 Amount not to exceed: $135.00
b. Bob Lentzkow, Combination Inspector
Class/Meeting: Residential Builder Inspector Exam
Destination: Coralville, IA
Dates: (April 13, April 26, Amount not to exceed: $199.00
or May 2)
c. Officers Moore, Scarbrough, Galbraith, Schaaf, Frien and Northup
Class/Meeting: Group Crisis Intervention Training
Destination: Des Moines, IA
Dates: April 5-6, 2017 Amount not to exceed: $1,160.00
d. Inv. Sadd
Class/Meeting: (LEIN) Law Enforcement Intelligence Network Course
Destination: Ankeny, IA
Dates: April 3-7 and April Amount not to exceed: $492.00
10-14, 2017
e. Chief Treloar and 2 Medical Officers
Class/Meeting: Regional EMS Billing & Documentation Conference
Destination: Des Moines, IA
Dates: April 18-19, 2017 Amount not to exceed: $960.00
f. Chief Treloar
Class/Meeting: Iowa Professional Fire Chief's Conference
Destination: Ames, IA
Dates: April 4-6, 2017 Amount not to exceed: $170.00
g. Mayor Quentin Hart
Class/Meeting: Air Service Workshop/Meeting
Destination: Chicago, IL
Dates: March 30-31, Amount not to exceed: $440.00
2017
2. LIQUOR LICENSES
a. The Winning Edge, 341 Fletcher Avenue
Class: C Liquor
Page 3 of 196
Renewal Application Includes Sunday
Expiration Date: 1/27/2018
b. Walgreens #03590, 3910 University Avenue *OWNERSHIP UPDATE*
Class: E Liquor
New Application Does not include Sunday
Expiration Date: 6/17/2017
c. Walgreens #10855, 1850 Logan Avenue *OWNERSHIP UPDATE*
Class: E Liquor
New Application Does not include Sunday
Expiration Date: 6/17/2017
d. South Hills Golf Course, 1830 E. Shaulis Road
Class: B Beer w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 3/31/2018
e. New Star, 1309 Lafayette Street
Class: B Wine / C Beer / E Liquor
Renewal Application Includes Sunday
Expiration Date: 3/31/2018
f. Kwik Star #380, 506 W. 9th Street *OWNERSHIP UPDATE*
Class: C Beer
Renewal Application Does not include Sunday
Expiration Date: 11/18/2017
g. Kwik Star #715, 1636 W. 4th Street *OWNERSHIP UPDATE*
Class: C Beer
New Application Does not include Sunday
Expiration Date: 7/29/2017
h. Kwik Star #724, 1105 Cedar Bend Drive *OWNERSHIP UPDATE*
Class: C Beer
New Application Does not include Sunday
Expiration Date: 7/21/2017
i. Kwik Star #723, 707 Broadway Street *OWNERSHIP UPDATE*
Class: C Beer
New Application Does not include Sunday
Expiration Date: 7/21/2017
j. Kwik Star #722, 1214 Franklin Street *OWNERSHIP UPDATE*
Class: C Beer
New Application Does not include Sunday
Expiration Date: 7/21/2017
k. Kwik Star #229, 1717 E. San Marnan Drive *OWNERSHIP UPDATE*
Class: C Beer
New Application Does not include Sunday
Page 4 of 196
Expiration Date:
I. Kwik Star #732
Class: C Beer
New Application Does not include Sunday
Expiration Date: 7/21/2017
m. El Senor Tequila Nightclub
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 2/28/2018
n. Jim Lind Standard Service, 230 E. Ridgeway Avenue
Class: C Beer
Renewal Application Includes Sunday
Expiration Date: 4/6/2018
o. Dollar General Store #4698, 2935 Logan Avenue
Class: B Wine, C Beer
Renewal Application Includes Sunday
Expiration Date: 2/28/2018
p. Sycamore Convenience, 617-619 Sycamore Street
Class: B Wine / C Beer / E Liquor
Renewal Application Includes Sunday
Expiration Date: 3/11/2018
3. Motion to approve Exception to Burning Yard Waste Application for Hawkeye
Community College to burn approximately 9.5 acres of prairie grass between
March 20 and May 10, 2017.
Submitted By: Pat Treloar, Chief of Fire Services
4. Motion to approve Exception to Burning Yard Waste Application for George Wyth
State Park to burn 15 acres of prairie grass between Wyth Lake and Main Park
Road.
Submitted By: Pat Treloar, Chief of Fire Services
5. Motion to approve Exception to Burning Yard Waste Application for Bill & Marcia
Dedic to burn prairie and native grasses on approximately 1/2 acre between
March 13 and April 17, 2017.
Submitted By: Pat Treloar, Chief of Fire Services
9/25/2017
, 324 Fletcher Avenue *OWNERSHIP UPDATE*
PUBLIC HEARINGS
2. FY2017 Highland Park Playground Project.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING --No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive, file and instruct the City Clerk to read bids and refer to Leisure
Services Director for review.
Page 5 of 196
Submitted By: Travis Nichols, Facilities/Project Manager Leisure Services
3. Replacement of fuel dispensers at City fuel site.
Hearing postponed due to timing constraints.
Submitted By: Mark Rice, Public Works Director
4. Sale and conveyance of city owned property, located at 1003 Lafayette Street,
through the Neighborhood Stabilization Program, to Iowa Heartland Habitat for
Humanity in the amount of 130,000.00.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING -No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing sale and conveyance of 1003 Lafayette Street to Iowa Heartland
Habitat for Humanity, in the amount of $130,000, and authorize the Mayor and City
Clerk to execute all necessary documents, and rescinding Resolution No. 2017-127,
originally approved on February 20, 2017.
Submitted By: Rudy D. Jones, Community Development Director
5. FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer
for review.
Submitted By: Jeff Bales, Associate Engineer
RESOLUTIONS
6. Resolution approving the naming of a private street serving 1027 E 4th Street as "Roby
Lane".
Submitted By: Aric Schroeder, City Planner
7. Resolution approving submission of a grant application to the HUD office of Lead
Hazard Control and Healthy Homes, for a 3 -year grant in the amount of $2,719,813,
with matching CDBG Funds of $224,818.
Submitted By: Rudy D. Jones, Community Development Director
8. Resolution accepting a grant from the Black Hawk County Gaming Association in the
amount of $500,000 for the Waterloo Boathouse Enhancements project, with $496,737
in matching funds from the City of Waterloo.
Submitted By: Paul Huting, Leisure Services Director
9. Resolution approving Construction Plans for Sanitary Sewer, Storm Sewer, and Paving
Project, serving the Audubon Hills First Addition Phase 1, and Sewage Treatment
Agreement, DNR Form 28A(Sept 2010), and the final acceptance of construction plans,
and authorize Mayor and City Clerk to execute said documents.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
Page 6 of 196
10. Resolution approving Memorandum of Understanding with Black Hawk County Board
of Supervisors and the City of Waterloo for a Lucas CPR machine.
Submitted By:Pat Treloar, Chief of Fire Services
11. Resolution supporting the establishment of the "prevailing wage" or union wage on City
of Waterloo funded construction projects.
Submitted By: Tom Lind, Councilperson At Large
ORDINANCES
12. An Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter
4 - Plumbing Regulations and Chapter 5 - Heating, Air Conditioning and
Ventilation and the 2007 City of Waterloo Code of Ordinances Chapter 3 -
Electrical Code.
An Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 4 -
Plumbing Regulations and Chapter 5 - Heating, Air Conditioning and Ventilation and the
2007 City of Waterloo Code of Ordinances Chapter 3 - Electrical Code.
Motion to receive, file and consider for the first time an ordinance amending the 2007
Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 4 -Plumbing
Regulations and Chapter 5 -Heating, Air Conditioning and Ventilation in their entirety
and enacting in lieu thereof a new Chapter 4 -Plumbing Regulations and Chapter 5 -
Electrical Code and amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa by Repealing Chapter 3 -Electrical Code in its entirety and enacting in lieu thereof
a new Chapter 3.
Motion to suspend the rules.
Motion to consider and pass for the second and third time and adopt the ordinance.
Submitted By: Noel Anderson, Community Planning & Development Director
OTHER COUNCIL BUSINESS
13. Motion to approve Change Order No. 6-1 for a net increase of $53,065.50 for the
FY 2017 Bridge Repairs; 6th Street, 18th Street, and Ansborough Avenue,
Contract No. 916, and authorize the Mayor and City Clerk to execute said
document.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
4:10 p.m. Council Work Session, Harold E. Getty Council Chambers
4:40 P.M.Human Resources Committee, Harold E. Getty Council Chambers
4:45 p.m. Housing Authority Meeting, Harold E. Getty Council Chambers
Page 7 of 196
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Hwy 218 Design Review Board minutes of August 23, October 4 and
November 1, 2016.
2. Planning & Zoning Minutes of January 10 and February 7, 2017.
3. Communication from the Community Planning & Development Department on the notice
of the conclusion of employment for Nancy Gulick, Community Development
Coordinator, effective March 3, 2017 with recommendation of approval of payout of
$10,352.04 for unused benefits.
Page 8 of 196
CITY OF WATERLOO
Council Communication
Minutes of March 13, 2017, Regular Session, as proposed.
City Council Meeting: 3/20/2017
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk Office Higby, Nancy Approved 3/14/2017 - 9:40 AM
ATTACHMENTS:
Description Type
D Minutes of 3/13/17 Backup Material
Submitted by: Submitted By:
Page 9 of 196
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Waterloo, Iowa, at 5:30 p.m., on Monday, March 13, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Absent: Mr. Jacobs
Prayer or Moment of Silence.
Pledge of Allegiance: Keith Kaspari, Airport Director
146149 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, March 6, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Six. Motion carried.
146150 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, March 6, 2017, at 5:30 p.m., and
the Minutes, as proposed, for the Special Session on Thursday, March 9, 2017, be accepted and
approved. Voice vote -Ayes: Six. Motion carried.
Mayor Hart read a Proclamation declaring March 2017 as Athletic Training Month.
Mayor Hart announced that a public informational meeting to discuss the University Avenue Project
at Waterloo Center for the Arts, 225 Commercial Street, Schoitz Conference Room, at 5:30 p.m. -
7:00 p.m. on Tuesday, March, 21, 2017.
Mr. Morrissey questioned if it would create a quorum if they attend the meeting.
Mayor Hart explained that four councilpersons could be present so long as they do not discuss city
business while attending the meeting.
Mr. Powers questioned if this is the only meeting that will take place.
Mayor Hart commented that this is the first meeting but others will be held in the future as well.
ORAL PRESENTATIONS
Joyce Wilder, 226 Bates, spoke regarding a code violation she received for a residence located at
2645 E. 4th Street, which she also owns. She explained that she did not agree with the citation her
tenant received for improper parking and vehicles that do not have license plates. She further
questioned how the citation process works and how citizens are to know what does and does not
constitute a violation. She further expressed concern for the quality of E. 4th Street between Walnut
and the railroad tracks.
Mayor Hart directed the City Attorney and City Engineer to contact Ms. Wilder tomorrow.
Eric Thorson, City Engineer, commented that E. 4th Street to Saxon is being reconstructed this year
and Saxon to the tracks will be reconstructed next year.
Mr. Amos encouraged Ms. Wilder to reach out him with any issues.
Todd Obadal, 124 Amity Drive, commented that the city needs to make sure that it is responsible
and responsive regarding code enforcement matters. He further commented on his work to help
Deana Jolly on an encroachment agreement issue she is having with the city. He also thanked Mr.
Powers for talking with him regarding Deana Jolly's encroachment.
146151 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated March 13, 2017,
in the amount of $936,855.63 a copy of which is on file in the City Clerk's office, together
with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2017-184.
2. Resolution approving preliminary plans, specifications, form of contract etc. and setting date
of bid opening as March 30, 2017, and date of public hearing as April 3, 2017, for the 2017
Spring Stump Removal Project, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-185.
3. Resolution setting date of public hearing as March 27, 2017, to approve the request by
Michael Price to rezone 1955 Locke Avenue, (former Knights of Columbus), from "R-4",
Multiple Residence District and "R-2", One and Two Family Residence District, to "C-2",
Commercial District, for the reuse of the site as an events center.
Resolution adopted and upon approval by Mayor assigned No. 2017-186.
4. Resolution setting date of public hearing as March 27, 2017 for a request by CGA
Engineering on behalf of BCS Properties, LLC and GAC Real Estate, LLC to rezone
approximately 17.92 acres from "A-1", Agricultural District, and "M -2,P", Planned
Industrial District, to "C-2", Commercial District, for the purposes of developing a
commercial subdivision, located west of 1850 West Ridgeway Avenue, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-187.
5. Resolution setting date of public hearing as March 27, 2017, for the request by Roger
Kalsem, for a site plan amendment to the "R -3,R -P", Planned Multiple Residence District, to
allow for the building of 88 single-family homes and 9 twin -homes, located east of 3308 Bay
Berry Drive, and instruct the City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017-188.
6. Resolution approving cancellation of assessment for 312 Glendale Street, Certificate 565, in
the amount of $587.20, and authorize City Clerk to notify Black Hawk County Treasurer of
said cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2017-189.
b. Motion to approve the following:
1.
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Bob Osgood, Chief
Plumbing Inspector
IAPMO (IA
Plumbing &
Mechanical
Officials) Spring
2017 8 -hour
Waterloo, IA
March
31, 2017
$135.00
2.
c.
d.
a.
b.
c.
d.
e.
f.
g.
h.
i.
Approved Beer, Liquor, and Wine Applications
Conference
(INOA)
Class
New or
Renewal
Expiration
Date
Up to 12 Waterloo
Police Officers
2017 Inclusion
and dedication of
P.O. Adam Liddle
at the National
Law Enforcement
Officers
Memorial
Washington,
D.C.
May 12-
15, 2017
$4,000.00
Keith Kaspari, Director
of Aviation
Air Service
Workshop /
Meeting
Chicago, IL
March
30-31,
2017
$395.00
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Packers Inn, 201 Rath Street
C Liquor
w/Outdoor Service
Renewal
2/27/2018
X
Tokyo Japanese Steakhouse,
1931 Sears Street
C Liquor
Renewal
2/13/2018
X
Wishbone, 201 W. 18th
Street
C Liquor
w/Outdoor Service
/ Catering
Renewal
1/31/2018
X
Tobacco Outlet Plus #500,
1803 La Porte Road
*OWNERSHIP UPDATE*
C Beer
Renewal
10/14/2017
National Dairy Cattle
Congress, 250 Ansborough
Avenue
C Liquor
Renewal
2/28/2018
X
Legends Sports Grill, 118
Commercial Street
C Liquor
w/Outdoor Service
Renewal
1/21/2018
X
Hometown Foods, 1010 E.
Mitchell Avenue
B Wine / C Beer / E
Liquor
Renewal
3/9/2018
X
Buzz's Bar, 1016 Maynard
Avenue
C Liquor
w/Outdoor Service
Renewal
3/14/2018
X
Babes Tab, 210 Division
Street
C Liquor
Renewal
3/14/2018
4. Cigarette/Tobacco Permit New Application for Texas Street Mart, 4335 Texas Street.
5. Cigarette/Tobacco Permit New Application for A & Z Tobacco Outlet, 1109 E. 4th Street.
6. Bonds.
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
146153 - Schmitt/Amos
that proof of publication of notice of public hearing on FY 2017 Site Grading for Northeast
Industrial Park, Contract No. 926, as published in the Waterloo Courier on February 27, 2017, be
received and placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral objections.
that the hearing be closed and oral and written comments be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
146155 - Schmitt/Amos
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-190.
146156 - Schmitt/Amos
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-191.
146157 - Schmitt/Amos
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Bidder
Bid
Security
Bid Amount
Total
Engineer' s Estimate
$893,231.80
Engineer' s Estimate
$598,443.00
Engineer's Estimate
$1,491,674.80
CJ Moyna & Sons50/0
Elkader, IA
$1,369,362.50
$783,985.60
$2,153,348.10
J.B. Holland
Construction
Decorah, IA
5%
$699,651.52
$474,287.03
$1,173,938.55
Peterson
Contractors, Inc.
Reinbeck, IA
5%
$572,995.90
$393,711.30
$966,707.20
Baker Concrete &
Excavating
Waverly, IA
5%
$589,041.50
$381,048.10
$970,089.60
Vieth Construction
Corp.
Cedar Falls, IA
5%
$757,366.05
$528,258.30
$1,282,624.35
Voice vote -Ayes: Six. Motion carried.
RESOLUTIONS
146158 - Lind/Morrissey
that "Resolution approving an Encroachment Agreement with BW Gas & Convenience Real Estate,
LLC to replace a 10 ft. x 4 ft. sign cabinet on an existing 20 ft. pole that encroaches 5.14 ft. into the
public right-of-way, located at 1976 Franklin Street", be adopted. Roll call vote -Ayes: Six. Motion
carried.
Mayor Hart requested information on the item.
Noel Anderson, Community Planning and Development Director, explained the terms of the
encroachment agreement for the sign.
Resolution adopted and upon approval by Mayor assigned No. 2017-192.
Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-193.
146160 - Welper/Morrissey
that "Resolution awarding contract to R & D Lawn Care, LLC of Waterloo, Iowa, in conjunction
with the 2017 Complaint Mowing with Complaint Snow Removals, Option A $25.00 per
occurrence, Option B $23.33 per occurrence, Option C $30.00 per man hour, Option D $45.00 per
acre, Option E $25.00 per man hour, and approving the bonds and certificate of insurance", be
adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-194.
146161 - Welper/Morrissey
to approve final quantity adjustment for a net decrease of $3,769.95 for the FY 2015 Cunningham
School Safe Routes to School Project, Contract No. 851 and authorize the Mayor and City Clerk to
execute said document. Roll call vote -Ayes: Six. Motion carried.
146162 - Amos/Lind
that "Resolution approving Completion of Project and Recommendation of Acceptance of Work
Performed by Mike Dolan Concrete & Masonry Inc., of Waterloo, Iowa, at a total cost of $63,224.60
for the FY 2015 Cunningham School Safe Routes to School Project, Contract No. 851", be adopted.
Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-195.
146163 - Amos/Lind
that "Resolution approving agreement with Waterloo Water Works for Water Main Replacements in
conjunction with FY 2017 Street Reconstruction Program, Contract No. 921 and authorize Mayor
and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-196.
146164 - Amos/Lind
that "Resolution approving award of contract to Benton's Sand & Gravel, Inc., of Waterloo, Iowa in
the amount of $42,375.00, and approving the contract, bonds, and certificate of insurance for the FY
2017 Leisure Services Sanitary Sewer Extension Project, Contract No. 925, and authorize Mayor and
City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-197.
146165 - Morrissey/Powers
that "Resolution supporting the collective bargaining rights of City of Waterloo employees", be
adopted. Roll call vote -Ayes: Four. Abstentions Two (Lind and Schmitt — Schmitt stated he does
not believe the city council is the correct forum for the content of the resolution). Motion carried.
Mayor Hart requested that Mr. Morrissey or Mr. Amos provide an explanation of the resolution they
asked to have placed on the agenda.
Mr. Morrissey explained the purpose of the resolution and read the resolution.
Jerry Hageman, 3052 San Salvador Drive, expressed support for the resolution because workers
have been attacked and that it would be good to have local support for workers.
Joel Shephard, 4373 W. 4th Street, commented that the legislature has taken away their rights for
bargaining.
Dan McDonald, Teamsters Representative, and resides at 1422 Iowa Street, Cedar Falls, expressed
support for the resolution and commented that the city council has final approval on bargaining
contracts and that he believes that everyone should have a voice when negotiating their wages.
Todd Obadal, 124 Amity Drive, commented that he is in support of local control and that local
issues need to be discussed at the local level, he further stated that he believes that the resolution is a
distraction and that the city needs to clean up its own issues and expressed dissatisfaction that an
item considering returning recycling funds was not placed on the agenda.
Mayor Hart clarified that the item Mr. Obadal referenced was not placed on the agenda because the
councilperson in support of the consideration of recycling was not able to be present.
Forest Dillavou, 1725 Huntington Road, spoke against the item and that employees should not be
replaced after retirement.
Tony Pauley, 402 Crestridge Drive, spoke in support of the item and commented that the city could
not complete what needs to be done if vacant positions are not filled.
Jim Chapman, 224 Butch, commented that the levy rate is too high and is a former UAW member at
John Deere and John Deere employees are doing more with less and city employees should as well.
John Sherbon, 1715, Robin Road, commented that city employees are great people and that good
people need to be paid well to keep them around but questioned if the city could get sued for passing
the resolution.
Mr. Amos commented explained that the resolution is stating that the employees of City of Waterloo
are supported by the city council.
Mr. Powers commented that he supports the resolution and that he wants to send a message to
employees that the council supports the employees.
Mr. Schmitt commented that he believes the city has great employees and he himself is a former
union member. He further commented that he believes this is an inappropriate place to have the
discussion and enjoys that the city council level is supposed to be nonpartisan but it has become
more political overtime. He further commented the resolution sends a message that City of Waterloo
can do as it pleases and he has heard from legislators that cities are not able to manage budgets
effectively.
Mr. Morrissey commented that he believes collective bargaining is a right that should not be
infringed upon by another governmental body.
Resolution adopted and upon approval by Mayor assigned No. 2017-198.
146166 - Morrissey/Amos
that "Resolution regarding Iowa House Study Bill 91 and 92, and House File 295, etc.", be adopted.
Roll call vote -Ayes: Four. Abstentions Two (Lind and Schmitt — Schmitt reiterated this should be
dealt with at the state level, not at the city level). Motion carried.
Mr. Morrissey read the resolution and noted that an explanation for the collective bargaining
restrictions included a statement that the bills in the resolution on the table eliminate local control.
that the Council adjourn at 6:30 p.m. Voice vote -Ayes: Six. Motion carried.
Kelley Felchle
City Clerk
City of Waterloo
Finance Committee Open Invoice Report
Finance Committee Accounts Payabie Open Invoice Repon Total
As of Friday, March 17, 2017 560,669.97
EFT Transactions:
Bank Fees
Friday Total 566,855.32
6,185.35
Add: Wellmark Weekly Claims 226,566.41
Subtotal - as of Monday, March 20, 2017
Workers Compensation Issued by TPA
Housing Authority Housing Assistance EFT's
Housing Authority Housing Assistance EFT's
Payroll
793,421.73 I
9,405.08
1,175.49
1, 629, 902.02
Bill Payment Total - Monday, March 20, 2017
-
Payment to Council members cr related entities:
2,433,904.32
COUNCIL MEETING 03/20/2017
Name
Address/Business
Topic
Mery Hilpipre
235-6007
Auctioning of city equipment
ova r Pre sCtikffi»0J
HILPIPRE:
Celebrating 103 Years
NOTHING SUCCEEDS LIKE SUCCESS!!!
'A HERITAGE' 1914 TO PRESENT o
In 1914 Charles Hilpipre at the age of 17 sold his 1st auction. His son Mery and grandson, Craig
carried on the family tradition since that time.
Our mission is to provide our clients with the service they want and upon consummation of our agreement we have earned their rec-
ommendation. Our Heritage has produced decades of successful auctions. We contribute this success to our corporation's many
attributes. These attributes have produced a reputation which has stood steadfast against the test of time. One very important attrib-
ute is the ability for clients and customers to trust our service. This type of trust must be earned. It cannot be bought. Our reputation
has the highest degree of professionalism, integrity, experience and knowledge. When it is your auction, it is your money. You can't
afford to select the wrong auction company.
PRESALE PREPARATION;
Auctions are like diamonds, they have many
facets.
Professionally conducted auctions require the work
to be done before the auction starts. The presale
work is an essential element to any successful auc-
tion. This phase requires masterful skills of organiza-
tion, visualization, knowledge of values, knowledge of
the buyer, and the auction process.
All Hilpipre auctions are professionally prepared.
Professional preparation aids itself to the following:
• Allows the tempo and momentum of the auction
to reach the proper level.
• Provides the buyer with a highly organized pro-
cess for buying. Contributes to the removal process.
• All items are tagged, numbered, and cataloged.
• Cleaning, painting, repairing and rearranging are
necessary for certain situations.
• Allows for a buyers' catalog to be produced.
MARKETING
Our marketing success is a continued reflection of our years of experience and knowledge. We have a profound understanding of our
buyers and the thought process they use. Direct sale brochures, trade journals, our highly viewed website, and other forms of media
are used. An accurate detailed budget is established. In house mailing lists and designated industry mailing list. We structure a mar-
keting strategy which fits your needs.
Hilpipre Auction Co.—PO Box 309—Cedar Falls, IA 50613
Physical Address: 2862 Wagner Rd, Waterloo, IA 50703
Phone: 319-235-6007
Fax: 319-234-1751
Merv's Cell: 319-415-0816
Website: e.com — emails: mery@hilpipre.com and info@hilpipre.com
'HILPIPREI THE AUCTION
Celebrating 103 Years
What separates auction companies? Per-
formance on auction day characterizes the
differences between auction companies.
The single most important element of the auction is the auc-
tioneer. His performance will directly affect your bottom line.
Our auctioneers possess the skills, talents and the experience
you need. We have the
skills to interact with the
buyers'. The ability to
read the buyer's inten-
tions and control the auc-
tion's tempo. We know
the market value and how
to encourage the bidders'
enthusiasm. The tech-
niques needed to keep
the auction moving is a
} trademark we have
earned over the decades.
Our auction defines the "Art of the Auctioneer".
Buyers need to respect and trust the auction company. Our com-
pany has developed an envious reputation amongst the buyers.
This reputation symbolizes fairness, honesty and professionalism.
When buyers learn it's "Another Hilpipre Auction" they will be in
attendance. A successful auction needs buyers. Our ability to
attract buyers is an important part of our heritage. Besides the
ever proven live onsite auction bidding we also offer live webcast
bidding.
OUR MANY ATTRIBUTES SEPARATE US FROM
OUR COMPETION.
• Elite Reputation
• Professionalism
• Experience
• Knowledge
AUCTIONEER,
The Company was founded in
1914. Mery Hilpipre President,
Since 1964.
He is the2004 International
World Auctioneer Champion.
Mery has conducted over 5,000 auctions.
REMOVAL OF ITEMS
After the auction, all items need to be removed.
All purchases must be paid in full before they
can be removed. If buyers is need of removal
assistance, we have contacts for machinery movers or heavy haul-
er riggers.
P‘'.":1I11iiIII
IHILPIPRE
DELIVERY OF PROCEEDS
When another company is handling your money you need the
assurance your money is safe. Our corporation handles millions
of dollars every year. All monies are deposited into proper ac-
counts. Certain state laws require you money not to leave your
state. In these circumstances we open the proper banking ac-
counts with qualified banks. We deliver your money on time and
with complete reconciliation of the auction.
Hilpipre Auction Co.—Mailing address: PO Box 309—Cedar Falls, IA 50613
Physical Address: 2862 Wagner Rd, Waterloo, IA 50703
Website: www.hilpipre.com
Phone: 319-235-6007
Fax: 319-234-1751
Merv's Cell: 319-415-0816
— emails: mery@hilpipre.com and info@hilpipre.com
Sent over 031017
TRAVEL REQUEST
CITY OF WATERLOO
NAME(S) AND POSITION(S):
Pat Treloar, Chief of Fire Services
DATE:
031017
FINANCE DEPT.
LINE ITEM USED
FY 7 BUDGETED
EXPENDED YTD
THIS REQUEST
LEFT AFTER THIS
REQUEST
DATC
STAFF ONLY
v/o /2 /4/1 -do /3'/0
%OUc)
/7o
/3g/v
, /'j
NAME OF CLASS! MEETING:
Iowa Professional Fire Chief's Conference
DESTINATION: Ames, IA
DEPARTURE POINT
IF NOT WATERLOO:
DEPARTURE DATE:
April4, 2017
PURPOSE OF TRAVEL:
Attend annual Fire Chief's conference.
RETURN DATE:
April 6, 2017
DATE(S) OF MEETING:
April 4-6, 2017
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
YES NO
COST $
METHOD OF TRAVEL:
CITY VEHICLE
AIRFARE
DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
$125.00
$25.00
$20.00
LODGING
MEALS
REGISTRATION
MILEAGE/FUEL
TOTAL FOR ALL: $ $170.00
TAXI
PARKING
AIRFARE
MISC/TOLLS
BUDGET LINE ITEM: 010-12-1400-1346
x GRANT REIMBURSABLE
YES NO
x REQUIRED CERTIFICATION
YES NO
TOTAL: $ 170.00 PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF O
DEPARTMENT HEAD
3 - /0- r"1
DATE
I APPROVE THIS TRAVEL REQUEST
MAYOR
DATE
390G1A7;0N
'
oto
ems,.
1/4
de
%0NAL F,R�
0
IOWA ASSOCIATION OF
PROFESSIONAL FIRE CHIEFS
Conference Agenda
April 4-6, 2017
Fire Service training Bureau
Ames, IA
Tuesday, October 4 — Country Inn & Suites
5:00 pin Committee meetings, Board of Directors meeting
I-Iospitality room — sponsored by Reliant Fire
Wednesday, April 5 — Fire Service Training Bureau
8:00 am Registration ($20 payable to FSTB)
8:30 Welcome and announcements
• Introduction of new Chiefs
• Distribution of multi -topic discussion list
• Other general announcements or information
8:45 Business meeting
• Minutes of Fall 2016 conference
• Treasurer's report
• Executive Board reports
• Committee and Liaison reports
• MVD report
• Constitution and Bylaws report
• Fire and Emergency Services Council report
• Conference change discussion
• GEMT report
9:45 BREAK
psSOCIA00N
0
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Vitt 10
4 ">
.40*
10:00 Behavioral Health and Rosecrance Florian Program — Dan DeGryse,
Executive Director
sioNAI. stk
11:45 LUNCH (on your own)
12:45 Fire Service Training Bureau report — Jim Kenkel
1:15 pm Fire Officer Professional Development — Chief Dave Rierson, Marshalltown
2:45 BREAK
3:00 Multi -topic open discussion
4:30 Day 1 adjourmnent
Thursday, April 6
8:00 am Announcements and Business meeting (cont.)
9:00 Department of Public Safety report — Dr. Roxann Ryan, Commissioner
10:00 Bureau of EMS and Trauma Services — Rebecca Curtis
11:00 BREAK
11:15 Multi -topic discussion (cont.)
12:30 pm Day 2 adjournment
TRAVEL REQUEST
CITY OF WATERLOO
FINANCE DEPT. STAFF ONLY
LINE ITEM USED U/U /) /'//(1
FY.2U17BUDGETED ,'lvtJU(�
EXPENDED YTD `/%0
THIS REQUEST 9'&0
LEFT AFTER THIS
REQUEST 1755J`
DATE //;94,,,, /7- /7
Original - Clerk/Finance Co. - be.artment
NAME(S) AND POSITION(S):
Pat Treloar, Fire Chief
2 medical officers
DATE:
March 10, 2017
NAME OF CLASS / MEETING:
Regional EMS Billing & Documentation Conference
DESTINATION: Des Moines, Iowa
DEPARTURE POINT
IF NOT WATERLOO:
DEPARTURE DATE:
April 18, 2017
RETURN DATE:
April 19, 2017
DATE(S) OF MEETING:
April 19, 2017
PURPOSE OF TRAVEL/TRAINING:
Attend Iowa Emergency Medical Service Association (IEMSA) annual conference regarding EMS Billing and
Documentation, and meet with representatives from PCC Billing services.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
X COST $
YES NO
METHOD OF TRAVEL:
X CITY VEHICLE
AIRFARE DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
250.00 LODGING
30.00 MEALS
600.00 REGISTRATION
30.00 MILEAGE/FUEL
50.00
TOTAL FOR ALL: $ 960.00
TAXI
PARKING
AIRFARE
MISC/TOLLS
BUDGET LINE ITEM: 010-12-1410-1346
X GRANT REIMBURSABLE
YES NO
X REQUIRED CERTIFICATION
YES NO
TOTAL: $ 320.00 PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATEg.L-O
I APPROVE THIS TRAVEL REQUEST
{-_-__3L-LADAT5U-1747441--
DEPARTMENT HEAD Y MAYOR
Ara, iO,or-
3/
DATE DATE
K:\Shared Goodies\Forms\Travel Request Form January 2010
n
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B1L1INnow,�
_ MSA
IEMSA
Iowa Emrrganfy Modic al Srrrifes Association
/NAA
nav,mr., I: A,t,,,,
CEs FOR EMS
BILLING MANAGERS
& CERTIFIED
AMBULANCE CODERS:
This course has been
approved by the NAAC
for CEs. In .idclifi•jn.
optional EiN,i5 CEI -11;
row: h<ren apprwrd.
Pad ii:ip,iitls must b;.-
pre:F.Fnr fai Phe emir
conter::l cr fru- c_El is r:, h,^
awarded -no di pal hal t::i-tlit±,
7111 he dwauled.
HOSPITALITY
SUITE
TUES. NIGHT
APRIL 18T"
REGISTRATION
FEES:
Includes Tuition,
Lunch & Breaks
Price: $200/pp
Click Here to
Log -in
Register Nowt
(or go to www.icrosa.net)
OR Complete the
Registration Form on the
next page and return by
fax or mail to IEMSA.
CLICK HERE
TO LOG -IN AND
REGISTER TODAY
AT IEMSA.NET!
REcioNici. EMS BILLING 5
DOCUMENTATION CONFERENCF
APRIL 19, 2017 • 00 GRA DTVED UEMOINEDES M DA/NNE S,OIOWA
IT'S A NEW NAME --SAME GREAT CONFERENCE --Doug Wolfberg has agreed to return to Iowa once
again. IEMSA will reach out to EMS Services across the midwest to join us in Des Moines for this popular and
much needed educational event.
SPONSORED BY:
LIFEQUEST
'SEVICES
eithrag Cambium &Iiia rm tSer ..
881771-4911 • wwwIIequeet-eerviva.mm
> On April 18, 2017. the night before the Conference,
IEMSA will host a hospitality suite --sponsored by PCC -An
Ambulance Billing Service. It will be a night of networking,
good food, and relaxation before the
conference begins. Join us from 6-9pm
at Marriott Downtown Des Moines.
1111100111
PCCApftdanse MingSrrnm
> SPEAKER: Doug Wolfberg is a founding member of Page, Wolfberg & Wirth (PWW), and one of the
best known EMS attorneys and consultants in the United States. Widely regarded as the nation's leading
EMS law firm, PWW represents private, public and non-profit EMS organizations, as well as billing software
manufacturers and others that serve the nation's ambulance industry.
AGENDA:
7:30a - 8:00a Registration -- Breakfast Provided
8:05a - 11:45a Medicare Reimbursement, HIPAA and Compliance Updates -
the NAAC Mandatory CEU presentations :
These Updates are the industry's most complete, timely and insightful look
at the "hard news" coming from CMS and other agencies that directly affect
your bottom line, AND, they are approved for the Four Mandatory CEUs
needed to maintain your CAC Certification. These sessions will give you
the straightforward, no-nonsense and practical information you need to stay
current with all the changing Medicare rules and policies, as well as provide you
with the most up-to-the-minute news and information on what is happening
at the OIG, OCR and other agencies that directly affect ambulance compliance
issues. This session is more critical than ever in light of the government's new
enforcement weapons and the substantial new penalties that can come from
non-compliance.
11:45a - 1:OOp Lunch Provided
1:OOp - 2:OOp The Top Six Threats Facing Your Ambulance Service- and How to
Effectively Manage Them
2:OOp - 2:15p — Break
2:15p - 3:OOp DRAATT: How to Write a Well -Organized PCR
3:00p - 3:15p — Break
3:15p - 4:30p A Holistic Look at the Ambulance Service Revenue Cycle:
From Dispatch to Dollars
4:30p - 5:00p Open Discussion/Q&A
-CONTINUED ON NEXT PAGE -- REGISTRATION FORM AND MARRIOTT ROOM BLOCK INFORMATION
M
BLIIN
REGIONAL EMS BILLING 8
DOCUMENTATION CONFERENCE APRIL 19, 2017
HOTEL REGISTRATION INFO
MARRIOTT DES MOINES DOWNTOWN • 700 GRAND AVE. • DES MOINES
*arriott
Discounted Room Rates at the Marriott Downtown
Des Moines JUST $114++ --Limited Rooms
Call (515) 245-5500 by April 4th, 2017 to reserve a room.
Rooms reserved after April 4th will be at the regular room rate.
Ask for the IEMSA Block Rate.
TO REGISTER ONLINE: CLICK HERE htto://iemsa.net/member account.htm-Click the 'Login Here" button. You will be
prompted to log -in to your IEMSA Account to register --Usernames are set to the email address on file and every-
one's temporary password for your first time logging in is set to IEMSA2014 which is case sensitive and contains no
spaces. It will prompt you to enter your own password.
Don't have an IEMSA Account? Click Here to create an account.
Once Logged -in --go to the "Online Store" tab at the top of your screen, click on the "Regional EMS Billing &
Documentation Conference" icon/link, complete the registration form, add to your cart, process payment and you're
registered. You will receive a receipt and confirmation immediately by email. The payment options include: credit/
debit card or select "Mail my Check". Registrations are not complete until payment is received, and must be paid
prior to the conference. Mail Checks to: IEMSA, 5550 Wild Rose Lane #400, West Des Moines, IA 50266.
No Refunds AFTER March 23, 2017, Cancellations PRIOR to the March 23, 2017 are subject to a $50 cancellation fee.
TO REGISTER BY MAIL or FAX: Complete this form and return with your check to: IEMSA, 5550 Wild Rose Lane
#400, West Des Moines, IA 50266 -- or FAX with Credit Card Info this form to: 877-478-0926. You will receive a
confirmation email once your payment is received and/or processed. If you do not receive an email --please contact the
office ASAP to confirm your registration was received.
Credit Card or FAX/EMAIL Registrations for REGIONAL EMS BILLING & DOCUMENTATION CONFERENCE
Attendee Name
Address
City
State Zip
Email Address (mandatory): IA EMS Certification # (if applicable):
Organization/Service :
O $200/pp --2017 EMS Billing & Documentation Conference Registration Fee
Payment Method: Ca MasterCard (3 Visa
Credit Card Number Exp. Date
Name on Card 3 -Digit Security Code on Back of Card
L J
TRAVEL REQUEST
CITY OF WATERLOO
FINANCE DEPT.
LINE ITEM USED
FY _2017 BUDGETED
EXPENDED YTD
THIS REQUEST
LEFT AFTER THIS
REQUEST
STAFF ONLY
010-11-1100-1346
,;•N v
eig .92
DATE 27241 .3-//-K7
Origin& - Clerk/Finance Co. - De.artment
NAME(S) AND POSITION(S):
Inv. Sadd
DATE
March 8th, 2017
NAME OF CLASS / MEETING:
(LEIN) Law Enforcement Intelligence Network Course
DESTINATION Ankeny, Iowa
DEPARTURE POINT
IF NOT WATERLOO:
DEPARTURE DATE:
April 3rd, 2017
Return Date:
April 14th, 2017
DATE(S) OF MEETING:
April 3rd 7th & 10(h -14th, 2017
PURPOSE OF TRAVEL:
Captain Mohlis is requesting authorization to send Inv. Sadd to the LEIN Law Enforcement Intelligence Network course in
Ankeny, Iowa on April 3rd, thru the 14th, 2017. This is a two week Criminal Intelligence Course that will enhance Inv.
Sadd's understanding and knowledge for gathering Criminal Intelligence information as it pertains to his job in the
Investigations Division. Inv. Sadd has been awarded a scholarship to attend this class and the only cost to the city is
meals and fuel. A City vehicle will be needed for this travel.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
x COST $
YES NO
METHOD OF TRAVEL:
x CITY VEHICLE
AIRFARE DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
$.00 LODGING
$392.00 MEALS
$.00 REGISTRATION
$100.00 MILEAGE/FUEL
.00
.00
.00
.00
TOTAL FOR ALL: $ 492.00
BUDGET LINE ITEM:
Met
transportation
Tolls YES
AIRFARE
Baggage fee YES
x GRANT REIMBURSABLE
NO
x REQUIRED CERTIFICATION
NO
TOTAL: $ 492.00 PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATERLOO
DEPARTMENT HEAD
-q -fit
- -�
I APPROVE THIS TRAVEL REQUEST
l�
MAYOR
DATE DATE
FINANCE DEPT
LINE ITEM USED
TRAVEL REQUEST FY _2017_ BUDGETED
CITY OF WATERLOO EXPENDED YTD
THIS REQUEST
LEFT AFTER THIS
REQUEST
. STAFF ONLY
010-11-1100-1346
`1400
7, 85� s1
/4 9g i --
3-1/17 3 -/r -/j
- De.artment
DATE -7/7,d
Original - Clerk/Finance / Co.
NAME(S) AND POSITION(S):
Officers: Moore, Scarbrough, Galbraith, Schaaf, Frien,
Northup
DATE
March 101h, 2017
NAME OF CLASS / MEETING:
Group Crisis Intervention Training
DESTINATION Des Moines, Iowa
DEPARTURE POINT
IF NOT WATERLOO:
DEPARTURE DATE:
April 5th, 2017
Return Date:
April 6th, 2017
DATE(S) OF MEETING:
April 51h -6th, 2017
PURPOSE OF TRAVEL:
Captain Leibold is requesting authorization to send Officers; Moore, Scarbrough, Galbraith, Schaaf, Frien and Northup to
Group Crisis Intervention Training in Des Moines, Iowa on April 5-6, 2017. The course is designed to present core
elements of comprehensive, systematic and multi-component crisis intervention curriculum. The course will prepare
participants to understand a wide range of crisis intervention services. Officers will leave with the knowledge and tools to
provide several group crisis interventions, demobilizations, defusing's and critical incident debriefing. A City vehicle will be
needed for this travel.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
x COST $
YES NO
METHOD OF TRAVEL:
x CITY VEHICLE
AIRFARE DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
$450.00 LODGING
$360.00 MEALS
$300.00 REGISTRATION
$50.00 MILEAGE/FUEL
.00
.00
.00
.00
TOTAL FOR ALL: $ 1160.00
BUDGET LINE ITEM:
Met
transportation
Tolls YES
AIRFARE
Baggage fee YES
x GRANT REIMBURSABLE
NO
x REQUIRED CERTIFICATION
NO
TOTAL: $ 193.00 PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATE
kretPr-
DEPARTMENT HEAD
'7/107)"-7
DATE
I APPROVE THIS TRAVEL REQUEST
MAYOR
3/2a it _7
DATE
TRAVEL REQUEST
CITY OF WATERLOO
FINANCE DEPT. STAFF ONLY
LINE ITEM USED
FY �O/?BUDGETED
EXPENDED YTD
THIS REQUEST
LEFT AFTER THIS
REQUEST
DATE
Original - Clerk/Finance
/vt) /34i(0
/4 uero 4i
-;Ufa
off'
w 3//17
Cop - be.artment
NAME(S) AND POSITION(S):
Bob Lentzkow, Combination Inspector
DATE:
3/10/2017
NAME OF CLASS / MEETING:
Residential Builder Inspector Exam
DESTINATION Coralville, Iowa
DEPARTURE POINT
IF NOT WATERLOO
DEPARTURE DATE:
4/13/2017; 4/26/2017; 5/2/2017
(available dates)
RETURN DATE:
4/13/2017; 4/26/2017; 5/2/2017
(available dates)
DATE(S) OF MEETING:
4/13/2017; 4/26/2017; 5/2/2017
(available dates)
PURPOSE OF TRAVEL/TRAINING
Required certification
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
X COST $
YES NO
METHOD OF TRAVEL:
X CITY VEHICLE
AIRFARE DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
LODGING TAXI
MEALS PARKING
199.00 REGISTRATION AIRFARE
MILEAGE/FUEL MISC/TOLLS
TOTAL FOR ALL: $ 199.00
BUDGET LINE ITEM: 010-22-5100-1346
X GRANT REIMBURSABLE
YES NO
X
YES NO
TOTAL: $ 199.00 PER PERSON
REQUIRED CERTIFICATION
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST
AND IS NECESSARY A . D BE EFICIAL TO THE
CITY OF_WATERLOO
C' _,\_ /-/ —+
DEPARTMENT HEAD MAYOR
7 ,r
3/ 7,
DATE DATE
K:1Shared Goodies\Forms\Travel Request Form January 2010
TRAVEL REQUEST
CITY OF WATERLOO
itivb-Loa
FINANCE DEPT.
LINE ITEM USED
FY .20/7 BUDGETED
EXPENDED YTD
THIS REQUEST
LEFT AFTER THIS
REQUEST
DATE
Original - Clerk/Finance
STAFF ONLY
6-c)(`/ 5 aOD /344o
5-000
34/4-3
/36.'
/`(71 [Q)-
? 2 i 3-15'/7
Co. -De artment
NAME(S) AND POSITION(S):
Craig Billerbeck — Lab Tech
DATE:
March 14, 2017
NAME OF CLASS / MEETING:
ew
Submersible Pump & Control Panels
DESTINATION: DEPARTURE POINT
IF NOT WATERLOO: Kirkwood Community College
Cedar Rapids, IA
DEPARTURE DATE:
March 7, 2017
March 6, 2017
RETURN DATE:
March 7, 2017
March 6, 2017
DATE(S) OF MEETING:
March 7, 2017
March 6, 2017
PURPOSE OF TRAVELITRAINING:
Education, CEU's Original class scheduled for March 71" was canceled due to class size. Was offered difference
class on March 6. Original class cost of $125.00 has been paid. There is $10.00 still due.
WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL:
YES
xx
NO
COST $
METHOD OF TRAVEL:
x CITY VEHICLE
AIRFARE DEPARTING FROM:
PRIVATE VEHICLE
ESTIMATE OF COST:
LODGING
MEALS
-125-00
135.00 REGISTRATION
MILEAGE/FUEL
125.00
TOTAL FOR ALL: $ $135.00
TAXI
PARKING
AIRFARE
MISC/TOLLS
BUDGET LINE ITEM: 520-14-5200-1346
x GRANT REIMBURSABLE
YES NO
x
YES NO
REQUIRED CERTIFICATION
'J
5,00
TOTAL: $ $135.00
PER PERSON
I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE
AND IS NECESSARY AND BENEFICIAL TO THE
CITY OF WATERLOO
DEPARTMENT HEAD
3/ V/ 7
DATE
K:\Shared Goodies\Forms\Travel Request Form January 2010
I APPROVE THIS TRAVEL REQUEST
rte..
MAYOR
3/2-6
DATE
Kirkwood Community College
Continuing Education & Training Services
6301 Kirkwood Blvd SW
Cedar Rapids, IA 52406
Waterloo (City of)
Evelyn Russell, Waste Management Services
715 Mulberry St
Waterloo, IA 50703
INVOICE
Invoice Date
Invoice #
PD#
Due Date
02/28/2017
20763
N/A
3/29/2017
Payment is due within 30 days
Learner Name
Class ID
Class Description
Start Date
Amount
Billerbeck, Craig
81951
Submersible Puny &Control Panels
03/06/2017
$135.00
TOTAL
$135.00
Remit to:
Kirkwood Community College
Continuing Education
Attn: Jessica Baustian
6301 IQrkwood Blvd SW
Cedar Rapids, IA 52406
Questions - Contact Jessica at 319-398-5637 or jessica.baustian@kirkwood.edu
Visit us at www.kirkwood.edu/ce
Kirkwood Community College Continuing Education & Training Services https://kirkwood.augusoft.net/index.cfm7fuseaction=2088&&TranID=3...
Transaction Date
Transaction ID
Transaction Receipt
Kirkwood Community College
6301 Kirkwood Blvd SW , Cedar Rapids , IA 52404
03/03/2017
324718
Registration ID
CourselClass Number
Student Name (ID) Class Name/Date(s)fTimelltem Amount
473588
ETRC-8035 /81951
Billerbeck, Craig (210350)
Payment to Submersible Pump & Control Panels $125.00
Transaction Amount $125.00
Payment Method
3rd Party Payment - Waterloo (City of) (1075): Check $125.00
Paid with Check number: 252719
Check Amount $125.00
Check information: Waterloo (City of)
715 Mulberry St
Waterloo, IA 50703
1 of 1 3/14/20171:47 PM
CITY OF WATERLOO
Council Communication
Resolution setting date ofpublic hearing as April 3, 2017, for the sale and conveyance of city owned property
located at 718 Kern Street to Leeca Jones with a purchase price of $80,000 and down payment assistance of
$10,000 using HOME funds and instruct City Clerk to publish notice.
City Council Meeting: 3/20/2017
Prepared: 3/14/2017
REVIEWERS:
Department
Community Development
Clerk Office
ATTACHMENTS:
Description
D 718 Kern Street
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Source of Funds:
Legal Descriptions:
Reviewer
Jones, Rudy
Higby, Nancy
Action
Approved
Approved
Type
Cover Memo
Date
3/14/2017 - 5:26 PM
3/14/2017 - 5:34 PM
Resolution setting date ofpublic hearing as April 3, 2017, for the sale and
conveyance of city owned property located at 718 Kern Street to Leeca
Jones with a purchase price of $80,000 and down payment assistance of
$10,000 using HOME funds and instruct City Clerk to publish said notice.
Submitted By: Rudy D. Jones,Community Development Director
Approve resolution
Wells Fargo donated this housing unit to the City of Waterloo through
Community Development for redevelopment and sale to an income eligible
buyer.
HOME funds
Riehls Addition Lot 15 BLK 2
Page 17 of 196
CITY OF WATERLOO
Council Communication
Resolution setting date ofpublic hearing as April 3, 2017, to approve an amendment to the City of Waterloo
Zoning Ordinance No. 5079 to update multiple sections including changes for reference to billboard and off -
premise advertising, residential fence coverings, regulations for recreational uses including both indoor and
outdoor recreational uses, changes to the floodway regulations for reference to drainage and detention facilities,
and changes to the regulations for wireless communication facilities, and other miscellaneous updates.
City Council Meeting: 3/20/2017
Prepared: 3/14/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 3/15/2017 - 9:56 AM
Clerk Office Even, LeAnn Approved 3/15/2017 - 3:14 PM
ATTACHMENTS:
Description Type
D Zoning Ordinance Amendment Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Resolution setting date ofpublic hearing as April 3, 2017, to approve an
amendment to the City of Waterloo Zoning Ordinance No. 5079 to update
multiple sections including changes for reference to billboard and off -
premise advertising, residential fence coverings, regulations for recreational
uses including both indoor and outdoor recreational uses, changes to the
floodway regulations for reference to drainage and detention facilities, and
changes to the regulations for wireless communication facilities, and other
miscellaneous updates.
Submitted By: Aric Schroeder, City Planner
Approval of the resolution setting a date ofpublic hearing.
Staff is proposing multiple changes to the City of Waterloo Zoning
Ordinance No. 5079, including reference to billboard and off -premise
advertising, residential fence coverings, regulations for recreational uses
including both indoor and outdoor recreational uses, changes to the
floodway regulations for reference to drainage and detention facilities, and
changes to the regulations for wireless communication facilities. This is a
summary of the major changes but does not cover all changes. A complete
copy of the proposed changes, showing strike through of wording proposed
to be removed and underlined for wording proposed to be added is also
attached. The Planning, Programming and Zoning Commission held a
hearing on March 7, 2017 and unanimously recommended approval of the
proposed amendment.
none
Page 19 of 196
Source of Funds:
Policy Issue:
Legal Descriptions:
n/a
Zoning Ordinance
n/a
Page 20 of 196
CITY OF WATERLOO, IOWA
COMMUNITY LANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262
MEMORANDUM
To: Planning, Programming and Zoning Commission
From: Aric A. Schroeder, City Planner
Date: 02/23/17
RE: Proposed Zoning Ordinance Amendment: Multiple changes including changes for
reference to billboard and off -premise advertising, residential fence coverings,
regulations for recreational uses including both indoor and outdoor recreational uses,
changes to the Floodway regulations for reference to drainage and detention
facilities, and changes to the regulations for wireless communication facilities.
Staff is proposing multiple changes to the City of Waterloo Zoning Ordinance No. 5079.
The following is a list of the significant changes proposed in the order that they appear in
the Ordinance, along with a brief summary of the proposed changes. This summary does
not cover all changes, and a complete copy of the proposed changes, showing strike through
of wording proposed to be removed and underline for wording proposed to be added is also
attached. The Planning, Programming and Zoning Commission is being asked to hold a
hearing on the changes at their March 7, 2017 meeting and make a recommendation to the
City Council.
- Section 10-3-1 Definition: this amendment will update the definition of Billboard to
make it clear that this term can also be called an off -premise advertising sign.
Section 10-3-1 Definition: this amendment will update the definition of Fence,
Residential to add to the list of what a residential fence cannot be made of, adding slats,
tart, cloth, mesh or similar coverings.
Section 10-8-1 (A)(4) Principal Permitted Uses in the "R-1" District: this amendment
will update the wording for recreational areas and facilities.
Section 10-8-1 (A)(10) Principal Permitted Uses in the "R-1" District: this amendment
will add "or burial ground" to cemetery to ensure that either a burial ground or a
cemetery would be considered a permitted use in an "R-1" or less restrictive district,
subject to approval of a Special Permit.
Section 10-14-1 (A)(3) Principal Permitted Uses in the "C-1" District: this amendment
deletes several uses from the list of permitted uses in the "C-1" as they are being moved
into the "C-2" District as permitted uses.
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Page 21 of 196
Section 10-15-1 (A) Principal Permitted Uses in the "C-2" District: this amendment
adds several uses to the list of permitted uses in the "C-2" District, some of which are
being moved from the "C-1" District. The amendment groups many uses under a
"indoor recreational facilities" classification, or "outdoor recreational uses"
classification, and renumbers the remaining uses.
Section 10-22-2 "F -W" Floodway (Overlay) District: These amendments were
previously proposed and were put on hold pending the outcome of litigation regarding
the determination that drainage and detention facilities can be permitted in a Floodway,
when built to meet floodway performance standards. The City of Waterloo's
determination that such drainage and detention facilities are permitted was upheld by the
Court, and this amendment will make more clear what has already been determined to
be permitted, and upheld by a Court of Law.
Section 10-26-1 (B)&(C) Sign regulations, definition of Billboard, definition of Off -
Premise Sign, and regulations of Off -Premise Advertising Signs and Billboards: this
amendment makes it clear that the term "billboard" or "off -premise advertising sign"
can be interchanged, and the regulations apply to both or either term.
Section 10-27-1 (H)(6) Special Permit Required: this amendment updates the wording
for the grouping of uses that fall under the classification as "outdoor recreational uses",
which require Special Permit approval.
- Section 10-27-1 (H)(7) Special Permit Required: this amendment will add "or burial
ground" to a cemetery to ensure that either a burial ground or a cemetery would subject
to approval of a Special Permit.
Section 10-27-1(0) Towers and Wireless Communications Facilities: this amendment
updates wording regulating wireless communication facilities, including removal of
existing conflicting wording.
There are other areas of the Ordinance that are also being looked at for amendment, but
they will be handled as part of a separate amendment in the near future. Please let
Planning staff now if you have any questions or need any additional information regarding
the proposed amendments.
staff memo 02-23-17 Proposed Zoning Ordinance Amendment Misc Changes
Page 22 of 196
Amendment to the City of
Waterloo Zoning Ordinance
Multiple Changes and Updates to the City of Waterloo Zoning Ordinance, including:
- Section 10-3-1 Definition: update definition of Billboard
- Section 10-3-1 Definitions: update definition of Fence, Residential to exclude coverings
- Section 10-8-1 (A)(4)&(10) Update wording for recreational uses and burials in the "R-1" District
- Section 10-14-1 (A)(3) Delete several uses from the "C-1" District that are being moved to the "C-
2" District
- Section 10-15-1 (A) Update wording for Indoor and Outdoor Recreational Uses and add uses be-
ing moved to the "C-2" District from the "C-1" District
- Section 10-22-2 (A)&(B) Floodway regulations for drainage and detention facilities
- Section 10-26-1 (B)&(C) Update sign regulations reference to off -premise advertisingfbillboards
- Section 10-27-1 (H)(6)&(7) Update wording for Indoor and Outdoor Recreational Uses and burial
grounds- Section 10-27-1 (0) Update wording for Towers and Wireless Communication Facilities
Ordinance No. Amending Ordinance No. 5079
Planning and Zoning Commission Hearing: 3/14/17
City Council Approval:
Page 23 of 96
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
premise consumption), commonly
known as a liquor store or similar
establishment.
e. Non -Limited Alcohol Sales use
(on -premise consumption), which
shall include any alcohol sales use
with on -premise consumption that
does not meet the definition of ei-
ther an incidental alcohol sales use
or a limited alcohol sales use (on -
premise consumption), commonly
known as a bar, tavern, night club,
dance hall or similar establish-
ment.
Alley: A public way, other than a street,
affording secondary means of access to abut-
ting property.
Animals, Farm: Animals other than
household pets, such as livestock, that, where
permitted, are kept and maintained for com-
mercial production and sale, family food or
by-product production, and/or educational
or recreational purposes.
Animals, Household Pet: Includes, but is
not limited to, dogs, cats, rabbits, birds, ham-
sters, and other similar animals kept for fami-
ly enjoyment or companionship, and not for
commercial or economic reasons. See also
"Kennel".
Animals, Livestock: Includes, but is not
limited to, horses, cows, pigs, sheep, chickens
and poultry (excluding roosters), goats, os-
triches, rheas, emus, farm deer, and other
similar animals that are typically raised for
meat, wool, eggs, milk or other functional or
economic uses. Roosters shall be prohibited
within the City of Waterloo.
Amendment: A change, supplement, revi-
sion or reclassification in the Zoning Ordi-
nance. An amendment can take three (3)
forms: (1) a comprehensive revision or modi-
fication of the zoning text and map; (2) a text
change in zone requirements; and (3) a
change in the map, i.e., the zoning desig-
nation of a particular parcel or parcels.
5
Apartment: A dwelling unit in a multiple
dwelling.
Apartment Hotel: A building containing
both dwelling units and rooming units, used
primarily for permanent occupancy.
Apartment House: See Dwelling, Multi-
ple.
Auction Establishments: Any property or
structure devoted to public auction or sales,
two (2) or more times a year, for selling of
private property or consigned goods, except
as provided in Section 3-4A-2 of the City
Code.
Base Flood: The flood having one (1) per-
cent chance of being equaled or exceeded in
any given year. (See One Hundred (100) Year
Flood). [Ordinance 5049, 6/20/11]
Basement: A story having part but not
more than one-half (1/2) of its average height
below grade. A basement is counted as a sto-
ry for the purpose of height regulations. A
basement may be used as a habitable floor
subject to the requirements of the currently
adopted Building Code. For floodplain man-
agement purposes only, a basement shall
mean any enclosed area of a building having
its floor or lowest level below ground level
(subgrade) on all sides. [Ordinance 5049,
6/20/11]
Bed and Breakfast: A building other than
a hotel where, for compensation, meals or
lodging are provided on a short-term basis.
Short-term shall be defined as two weeks or
less.
Billboard: "Billboard" as used in this Or-
dinance shall include all structures regardless
of the material used in the construction of the
same, that are erected, maintained or used for
public display of posters, painted signs, wall
signs, whether the structure is placed on the
wall or painted on the wall itself, pictures or
other pictorial reading matter which adver-
tise a business or attraction which is not car-
ried on or manufactured in or upon the prem-
ises upon which said signs or billboard are
Page 24 of 196
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
located. Also referred to as an Off -Premise
Advertising Sign.
Board of Adjustment: A Board, who un-
der appropriate conditions and safeguards,
makes special exceptions to the terms of the
Ordinances in harmony with its general pur-
pose and intent. This is to be done in accord-
ance with general or specific rules therein
contained and provide that any property
owner aggrieved by the action of the City in
adoption of such regulations and restrictions
may petition the said Board directly to modi-
fy regulations and restrictions as applied to
such property owners.
Boarding or lodging House: A building
other than a hotel where for compensation,
meals or lodging and meals are provided for
three (3) or more persons.
Borrow Pit: Any place or premises where
dirt, soil, sand, gravel, or other material is
removed below the grade of surrounding
land, for any purpose other than that neces-
sary and incidental to site grading or building
construction on the same property or contig-
uous property of the same ownership. [Ordi-
nance 5288, 06/15/15]
Building: Any structure designed or in-
tended for the support, enclosure, shelter, or
protection of persons, animals or property,
but not including signs or billboards.
Building, Height of The vertical distance
from the average grade to the highest point of
the coping of a flat roof, or to the deck line of
a mansard roof, or to the average height of
the highest gable of a pitch or hip roof.
Building Line: A line, usually fixed paral-
lel to the lot line, beyond which a building
cannot extend under the terms of the Zoning
Ordinance. See also "Setback, Required".
Bulk Stations: Distributing stations
commonly known as bulk or tank stations
commonly used for the storage and distribu-
tion of flammable liquids or liquefied petro-
leum products where the aggregate capacities
of all storage tanks is more than twelve thou -
6
sand (12,000) gallons. This however is not
limited to flammable liquids, but also could
contain milk, syrups, vinegars and non-
flammable chemicals.
Carport: A roofed structure providing
space for the parking of motor vehicles and
enclosed on not more than two (2) sides. For
the purposes of this Ordinance, a carport at-
tached to a principal building shall be consid-
ered as part of the principal building and sub-
ject to all yard requirements herein.
Car Wash: A building or portion thereof
containing facilities for washing automobiles
or trucks, using production -line methods
with a chain conveyor, blower, steam -
cleaning device, or other mechanical devices
or providing space, water, equipment or soap
for the complete or partial hand washing of
such automobiles or trucks, whether by oper-
ator or by customer.
Cellar: That portion of a building having
more than one-half (1/2) of its average height
below grade. A cellar is not included in com-
puting the number of stories for the purpose
of height measurement. A cellar may be used
as a habitable floor subject to the require-
ments of the currently adopted Building
Code.
Channel: A natural or artificial water-
course of perceptible extent, with a definite
bed and banks to confine and conduct con-
tinuously or periodically flowing water.
Channel flow thus is that water which is
flowing within the limits of a defined chan-
nel.
Child Day Care Center: See Day Nursery
or Nursery School.
Clinics: A building or buildings used by
physicians and/ or dentists, osteopaths, chi-
ropractors and allied professions for out-
patient care of persons requiring such profes-
sional service.
Commission: Where found in this Ordi-
nance, unless otherwise indicated, this shall
Page 25 of 196
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
such development that will classify the struc-
tures as non -real estate will require a Special
Permit, as a mobile home park or subdivision.
[Ordinance 5049, 6/20/11]
Factory -Built Housing: A factory -built
structure designed for long-term residential
use. For the purposes of these regulations,
factory -built housing consists of three (3)
types: modular homes, mobile homes, and
manufactured homes.
Factory -Built Structure: Any structure,
designed for residential use, which is wholly
or in substantial part, made, fabricated,
formed or assembled in manufacturing facili-
ties for installation or assembly and installa-
tion, on a building site. For the purpose of
this Ordinance, including floodplain man-
agement, factory -built homes include mobile
homes, manufactured homes and modular
homes and also include park trailers, travel
trailers and other similar vehicles placed on a
site for greater than 180 consecutive days.
[Ordinance 5049, 6/20/11]
Family: One or more persons occupying a
single dwelling unit, provided that unless all
members are related by blood, marriage, or
adoption, no such family shall contain over
four (4) persons. This provision shall not re-
strict children under foster care or exchange
students.
Family Home: Family home providing
care for the mentally or physically dependent
under Iowa Code Chapter 135C or as a child
foster care facility under Iowa Code Chapter
237 to provide room and board, personal
care, rehabilitation services, and supervision
within a family home for not more than eight
(8) mentally or physically dependent individ-
uals. [Ordinance 3959, 7/26/93] [Ordinance
4554, 6/3/02] Family Home shall also refer to
homes for other individuals protected by the
Fair Housing Amendments Act.
Farm: An area comprising thirty-five (35)
acres or more which is used for the growing
of usual farm products, such as vegetables,
fruits, and grain and their storing on the area,
9
as well as for the raising thereon of the usual
farm poultry and farm animals. The term
"farming" includes the operation of such area
for uses for treating or storing the food pro-
duce, provided, however, that the operation
of any such accessory uses shall be secondary
to that of the normal farming activities and
such accessory uses do not include the feed-
ing of garbage or offal to swine or other ani-
mals.
Farm, Hobby: A small gathering of farm
animals, excluding large animals such as cat-
tle, horses, elk, deer or similar large animals.
Such animals may be kept for commercial
production and sale, family food or by-
product production, and/or educational or
recreational purposes, but not as a primary
source of income.
Farm House: A house located on land
operated as a farm which is, or will be, occu-
pied by a person engaged in agriculture on
that same unit.
Fast Food: See Restaurant.
Feed Lot: Any parcel of land or premises
on which the principal use is the concentrated
feeding within a confined area of cattle, hogs,
or sheep.
Fence, Non -Residential: A barrier and/or
structure erected accessory to a non-
residential use and not located in an "R" Dis-
trict intended to provide security, mark a
boundary or a means of landscaping with no
portion of fence extending onto adjacent
property or right-of-way. No such fence
shall be constructed of salvaged material or
use barbed wire, concertina wire, or similar
wire closer than six (6) feet to the ground ex-
cept a fence used purely for agricultural pur-
poses. [Ordinance 4508, 9/4/01]
Fence, Residential: A barrier and/or
structure erected accessory to a residential
use or in an "R" District intended to provide
security, mark a boundary, or as a means of
landscaping with no portion of fence extend-
ing onto adjacent property or right-of-way.
Page 26 of 196
CHAPTER 3
DEFINITIONS
10-3-1 DEFINITIONS.
Such fence shall be constructed of materials
commonly used for landscape fencing such as
masonry block, lumber, chain link, but shall
not include corrugated sheet metal, slats,
tarp, cloth, mesh or similar coverings, barbed
wire, concertina wire or similar wire, salvage
material, or electrified. [Ordinance 4508,
9/4/01]
Flood: A temporary rise in the channel
flow or stage that results in overflow of
streams or rivers or from the unusual and
rapid runoff of surface waters from any
source that results in water overflowing and
inundating normally dry lands adjacent to
the channel. [Ordinance 3393, 6/10/85]
Flood Elevation Determinations: A de-
termination of the water surface elevations of
the 100 Year Flood; that is, the level of flood-
ing that has a one percent (1%) chance of oc-
currence in any given year.
Flood Insurance Rate Map (FIRM): The
official map prepared as part of (but pub-
lished separately from) the Flood Insurance
Study which delineates both the flood hazard
areas and the risk premium zone applicable
to the community. [Ordinance 3393, 6/10/85]
Flood Insurance Study (FIS): A study ini-
tiated, funded and published by the Federal
Insurance Administration for the purpose of
evaluating in detail the existence and severity
of flood hazards, providing the City with the
necessary information for adopting a flood
plain management program; and establishing
actuarial flood insurance rates. [Ordinance
3393, 6/10/85]
Flood Plain: The relatively flat area of low
lands adjoining the channel of a river, stream,
or watercourse which has been or may be
covered by floodwater.
Flood Plain Management: The operation
of an overall program of corrective and pre-
ventive measures for reducing flood damage,
including but not limited to emergency pre-
paredness plan, flood control works and
flood plain management regulations.
10
Flood Protection System: Those physical
structural works constructed specifically to
modify flooding in order to reduce the extent
of the area within a community subject to a
"special flood hazard." Such a system typical-
ly includes levees or dikes. These specialized
modifying works are those constructed in
conformance with sound federal engineering
standards.
Flood Proofing: Any combination of
structural and non-structural additions
changes or adjustments to structures, includ-
ing utility and sanitary facilities, which
would preclude the entry of water. Structural
components shall have the capability of re-
sisting hydrostatic and hydrodynamic loads
and the effect of buoyancy.
Floodway: The channel of a river or
stream and those portions of the flood plains
adjoining the channel, which are reasonably
required to carry and discharge flood waters
or flood flows associated with the Regulatory
Flood, so that confinement of flood flows to
the floodway area will not result in substan-
tially higher flood levels and flow velocities.
[Ordinance 3393, 6/10/85]
Floodway Fringe: The land adjacent to a
body of water between the Floodway and the
outer (landward) limits of the flood as de-
fined by the Regulatory Flood as delineated
on the official flood plain zoning map. [Ordi-
nance 3393, 6/10/85]
Floor Area: Is the area included within
the surrounding exterior walls of building or
portion thereof, exclusive of vent shafts and
courts. The floor area of a building, or portion
thereof, not provided with surrounding exte-
rior walls shall be the useable area under the
horizontal projection of the roof or floor
above.
Floor Area Ratio: The gross floor area of
all buildings on a lot divided by the lot area
on which the building or buildings are locat-
ed.
Page 27 of 196
CHAPTER 8
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT
10-8-1 REGULATIONS.
materials or equipment shall not be per-
mitted in a front yard. This provision
shall not restrict the outside storage of li-
censed and operable vehicles that are ac-
cessory and clearly incidental to the Prin-
cipal Permitted Use.
A. Principal Permitted Uses:
1. One and two family dwellings, includ-
ing two-family row dwellings. [Ordi-
nance 4618, 6/16/03] Alterations and
conversions of single family dwellings
into two family dwellings shall only
be allowed in accordance with the lot
area, frontage and yard requirements
as set forth in this Section, and upon
approval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission. [Ordi-
nance 5288, 06/15/15]
2. Religious facilities, upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of the
Commission.
3. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion, upon approval of a Special Per-
mit by the Board of Adjustment after
recommendation of the Commission.
4. Private recreational areas and facili-
ties, such as swimming pools, skating
facilities, community building or in-
door institutional or community rec-
reation centers or fields, including
country clubs, golf courses and driv-
ing ranges when incidental to a golf
course, upon approval of a Special
Permit by the Board of Adjustment af-
ter recommendation of the Commis-
sion.
5. Farming and truck gardening, but not
on a scale that would be obnoxious to
adjacent areas because of noise or
45
odors, and provided that no struc-
tures shall be permitted unless acces-
sory to another Principal Permitted
Use or unless such structure is located
on a farm as defined herein. Farm an-
imals and livestock, except horses and
except hobby farms as provided in
Section 10-27-1, shall be prohibited.
6. Family Homes. [Ordinance 3959,
7/26/93] [Ordinance 4554, 6/3/02]
7. Recreational vehicles as defined here-
in within special flood hazard areas
zoned A, AH, AO and AE on the
Flood Insurance Rate Map must:
a. Be on the site for fewer than 180
consecutive days, and
b. Be fully licensed and ready for
highway use.
A recreational vehicle is ready for
highway use if it is on its wheels or
jacking system, is attached to the site
only by disconnect type utilities and
security devices, and has no perma-
nent attached additions. [Ordinance
4125, 9/11/95] A recreational vehicle
that is accessory to a Principal Permit-
ted Use and is fully licensed and
ready for highway use may be on the
site for more than 180 consecutive
days for storage purposes only and
not living quarters. [Ordinance 5049,
6/20/11]
8. Parks, playgrounds, recreational
trails, and similar recreational uses.
9. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government, upon approval of a Spe-
cial Permit by the Board of Adjust-
ment after recommendation of the
Commission, except as provided in
Section 10-27-1.
10. Public or private cemetery or burial
ground provided it is on a minimum
of thirty (30) acres, upon approval of a
Page 28 of 196
CHAPTER 8
"R-1" ONE AND TWO FAMILY RESIDENCE DISTRICT
10-8-2 HEIGHT REGULATIONS.
Special Permit by the Board of Ad-
justment after recommendation of the
Commission. This provision shall not
prohibit the expansion of an existing
cemetery or burial ground that is less
than thirty (30) acres.
11. Public utility structures and equip-
ment necessary for the operation
thereof in accordance with Section 10-
27-1.
12. Transmitting stations and towers in
accordance with Section 10-27-1.
B. Accessory Uses:
1. Accessory Uses and structures cus-
tomarily incidental to any of the
above uses. [Ordinance 4724, 9/20/04]
Accessory structures shall meet the
requirements provided for residential
accessory structures in Section 10-5-
1(E), including structures accessory to
non-residential Principal Permitted
Uses unless approved by Special Per-
mit.
2. Temporary buildings for uses inci-
dental to construction work, which
buildings shall be removed upon the
completion or abandonment of the
construction work.
3. Home occupations.
4. Horse Stables, non-commercial where
there exists an area devoted to such
purposes of twenty thousand (20,000)
square feet with an additional ten
thousand (10,000) square feet per
horse exceeding two (2) in number
housed or tethered and provided fur-
ther that no structure or building for
the stabling of horses or tethering area
be closer than fifty (50) feet from the
abutting residential properties. The
area devoted to such uses shall be
kept in a clean and sanitary condition.
10-8-2 HEIGHT REGULATIONS.
No building shall exceed two and one-
half (21/2) stories or thirty-five (35) feet in
height, whichever is less, except as provided
in Section 10-27-1 and no accessory structure
shall exceed a height as provided in Section
10-5-1(E) unless approved by Special Permit.
[Ordinance 3050, 10/1/79]
10-8-3 BULK REGULATIONS.
[Ordinance 3293, 7/25/83]
The following minimum requirements
shall be observed, subject to the modified re-
quirements contained in Section 10-27-1:
"R-1" RESIDENCE DISTRICT
USE
MINIMUM
LOT AREA
MINIMUM
LOT
WIDTH
MINIMUM
LOT AREA
PER
FAMILY
MINIMUM
FRONT
YARD (1)
MINIMUM SIDE
YARD
MINIMUM
REAR
YARD (3) (4)
MAXIMUM
LOT
COVERAGE
(2)
Single Fami-
ly Dwellings
9,000 sq. ft.
75 feet
9,000 sq. ft.
30 ft.
10% of the lot width,
which in any case
shall not be required
to exceed 10 feet
30 ft.
35%
Two Family
Dwellings
10,000 sq. ft.
80 feet
5,000 sq. ft.
30 ft.
10% of the lot width,
which in any case
shall not be required
to exceed 15 feet
30 ft.
35%
Other
Permitted
Uses
10,000 sq. ft.
80 feet
10,000 sq. ft.
35 ft.
10% of the lot width,
which in any case,
shall not be required
to exceed 20 feet
35 ft.
No Maximum
46
Page 29 of 196
CHAPTER 14
"C-1" NEIBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS.
Examples of minor changes may include, but
are not limited to the following: the location,
construction, replacement or change in type
of signage; change in use to a similar use ap-
proved with the development plan; minor
change in building locations; or change in the
locations of access, driveways, or parking ar-
eas. These examples may be carried out
through the administrative review and ap-
proval of the Planning staff. Multiple pole
signs on a single site will be considered as a
major change.
Minor changes may include additions to
an existing building or new buildings which
do not increase the existing floor area by
more than ten (10) percent of the floor area of
all existing or approved principal buildings.
If staff determines that the magnitude of any
such change is significant in nature or could
become significant in nature, the change shall
be deemed major and the change shall be re-
submitted and considered in the same man-
ner as the original site plan in accordance
with Section 10-13-1(A) (Procedures), includ-
ing a public hearing before the Commission
and City Council. In determining if a change
is significant in nature the Planning staff shall
consider, among other things, the overall de-
sign of the proposed change and its compati-
bility to the existing development and sur-
rounding development, as well as impact on
the neighborhood due to changes in parking,
traffic, etc. or changes in visibility or aesthet-
ics from the public roads or adjoining proper-
ties caused by the proposed change.
CHAPTER 14
"C-1" NEIBORHOOD
COMMERCIAL DISTRICT
[Ordinance 3192, 2/22/82]
10-14-1 REGULATIONS.
The regulations set forth in this Chapter
and contained in Chapter 5 shall apply in the
"C-1" Neighborhood Commercial District.
59
The "C-1" Neighborhood Commercial
District is intended to provide for areas of the
community which are suitable for a commer-
cial development and are adjacent to Resi-
dence Districts and in which such commercial
uses are permitted as are normally required
for the daily local retail business needs of the
residents of the locality only. Any outside
storage of materials or equipment shall be
limited and clearly incidental and accessory
to the Principal Permitted Use, and shall not
include the outside storage of junk or salvage
material or similar debris. Outside storage of
materials or equipment shall not be permitted
in a front yard. This provision shall not re-
strict the outside storage of licensed and op-
erable vehicles that are accessory and clearly
incidental to the Principal Permitted Use, and
shall not restrict outside display areas when
such display areas display items that can be
legally sold by a commercial business on the
property and when the display area does not
exceed an area equal to the area occupied by
the building(s) on a property.
A. Principal Permitted Uses:
1. Any use permitted in the "R-4" District.
2. Group Homes [Ordinance 4554, 6/3/02]
3. Any retail business or service estab-
lishment such as the following:
Animal Hospital or Veterinary Clinic,
provided all phases of the business
conducted upon the premises be with-
in a building where noises and odors
are not evident to adjacent properties
Antique Shop
Apparel Shop
Bakery, retail only
Barber Shop or Beauty Parlor
Bicycle Shop
Bookstore
Candy Shops, retail only
Car Wash
Clothes Cleaning and Laundry Pickup
Stations
Page 30 of 196
CHAPTER 14
"C-1" NEIBORHOOD COMMERCIAL DISTRICT 10-14-1 REGULATIONS.
Coffee House
Collection Office or Public Utility
Commercial Parking Lots for passen-
ger vehicles in accordance with the
provisions of Section 10-25-2
Convenience Store [Ordinance 4976,
11/23/09]
Dairy Store, retail only
Dance and/ or Mucic Studio
Delicatessen and Sub Shop
Dry Goods Store
Drug Store
Financial Institution
Florist and Nursery Shop, retail only
Fruit and Vegetable Market
Furniture Store
Gasoline Stations
Gift Shop
Grocery Store
Hardware Store
Hobby Shop
Household Appliances, sale and repair
Jewelry Store
Landscape Gardener
Launderette (Laundromat)
Meat Locker, storage and retail sales only
Music Store
Paint and Wallpaper Store
Post Office Substation
Photographic Studio
Radio and Television Sales and Service
Radio and Television Studios, provid-
ed that any towers or transmitting fa-
cilities are in accordance with Section
10-27-1(B) (4)
Soda Fountain
Shoe Repair Shops
60
Sporting Goods
Tailor Shop
Theaters
Variety Store
Professional Cleaning Service exclud-
ing Dry Cleaners
4. Any retail business or service estab-
lishment listed above that is also a
limited alcohol sales use as defined
herein, further subject to the following
requirements:
a. No alcohol sales use shall sell or
dispense alcoholic beverages via a
drive-through or walk-up window
or any similar drive -up or drive-in
system. Notwithstanding any-
thing in Section 10-5-1(B) to the
contrary, any alcohol sales use
that made use of such a window
or system before adoption of Or-
dinance 4976 on 11/23/2009 shall
cease and desist from use of such a
window or system, and shall
comply with the requirements of
this paragraph, no later than De-
cember 31, 2012.
b. For the establishment of new alco-
hol sales use locations, fencing or
other approved screening shall be
constructed along the property
line with any abutting protected
use, unless determined by the City
Planner or designee to be infeasi-
ble. [Ordinance 4976, 11/23/09]
c. Except as set forth below, no es-
tablishment that is a limited alco-
hol sales use (off -premise con-
sumption) shall exhibit on the ex-
terior of the premises any image
or verbiage that makes use of the
words "alcohol," "beer," "wine,"
"liquor," or any variant or syno-
nym of any such word, or any
type of such beverage, or that in-
dicates or suggests that such bev-
erages may be purchased in or
Page 31 of 196
CHAPTER 15
"C-2" COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
mitted but not yet granted shall
be located within 600 feet from a
protected use, and no other non -
limited alcohol sales use shall be
located within 250 feet from a
protected use, as measured in a
straight line from the closest
point of the property line in
which an alcohol sales use is lo-
cated to the closest point of the
property line of any protected
use.
[Ordinance 4976, 11/23/09]
c. No non -limited alcohol sales use
(off -premise consumption) for
which a Class E liquor control li-
cense has been issued or for
which an application for such a
license has been submitted but
not yet granted shall be located
within 600 feet of another alcohol
sales use holding the same class
of license, as measured in a
straight line from the closest
points of the property lines in
which the alcohol sales uses are
located.
d. No non -limited alcohol sales use
shall be located within 250 feet of
another non -limited alcohol sales
use, as measured in a straight
line from the closest points of the
property lines in which the alco-
hol sales uses are located.
4. Animal Hospital or Veterinary Clinic
providing any exercising runway
shall be at least two hundred (200)
feet from any "R" District and one
hundred (100) feet from any "C-1"
District boundary.
5. Automobile, Motorcycle, Trailer and
Farm Implement establishments for
display, hire and sales (excluding
auctions and not including sales lots
without a principal building except
for satellite lots when the lot is abut -
63
ting or across a street from a lot with
a principal building including an of-
fice), including as incidental to these
major uses all repair work in connec-
tion with their own and customers'
vehicles, but not including uses in
which the major source of revenue is
from body and fender work. In ad-
dition, this paragraph shall not be
construed to include automobile,
tractor, or machinery salvage and
used parts yards. Machinery, sal-
vaged or used parts, and vehicles
not in running condition and not be-
ing actively restored to running con-
dition, or not DOT operational and
not licensed, shall be located in an
enclosed building.
6. Ballrooms and Dance Ha11;,Clothes
Dry Cleaning and/or dyeing estab-
lishments.
7. Commercial Indoor Recreational Fa-
cilities such as Billiard Parlors and
Pool Halls, Dance Halls and Ball-
rooms, Dance/ Gymnastic/ Ballet
Studios, Bowling Alleys, Skating
Rinks, Game Arcades, Tennis
Courts, Swimming Pools, Handball
Courts, Archery and Gun Firing
Ranges, Paintball and Laser Tag Fa-
cilities, Bounce House and Trampo-
line Facilities, and other similar In-
door Recreational Uses. Facilities
with both indoor and outdoor recre-
ational uses shall require Special
Permit approval as noted in subsec-
tion 8. below.
8. Bowling Alleys
9. Clothes Dry Cleaning and/or dyeing
establishments.
108. Commercial and Private Out-
door Recreational Uses such as
Baseball Fields, Commercial Swim-
ming Pools, Skating, Golf Driving
Ranges, Ceommercial
Ceampgrounds, Hunting and Fish -
Page 32 of 196
CHAPTER 15
"C-2" COMMERCIAL DISTRICT 10-15-1 REGULATIONS.
ing Clubs, Skeet or Trap Shooting
Ranges, Archery and Gun Range Fa-
cilities, Outdoor Paintball Facilities,
Automobile Race Tracks, Drag
Strips, Go-cart Tracks, Mini Bikes or
Activity Areas for Motorcycles,
Snowmobiles, or ATV's, Minia-
ture/Goofy Golf Courses, Drive-in
Theaters, or similar open air recrea-
tional uses and facilities, upon ap-
proval of a Special Permit by the
Board of Adjustment after review by
the Commission. Private non-
commercial areas, such as non-profit
clubs, etc. shall only require Special
Permit approval if organized events
or activities occur more than 12
times in a calendar year.
449. Contractor Businesses, including
Carpenter and Cabinet Shop, Plumb-
ing and Heating Shop, Roofing
Shop, Sheet Metal Shop, Sign Paint-
ing Shop, Landscaping Business,
and similar uses, provided there is
no outside equipment yard.
4210. Contractor Businesses including
Contractor Equipment Yards, pro-
vided that equipment yards shall be
effectively screened on each side fac-
ing a Residential District and on
each side facing a public street by a
fence, wall or densely planted com-
pact hedge not less than six (6) feet
or more than eight (8) feet in height,
and, for equipment yards, upon ap-
proval of a Special Permit by the
Board of Adjustment after review by
the Commission.
4511. Department Stores
4412. Drinking Establishments, Tav-
erns, Bars and Night Clubs, Summer
Gardens, and Road Houses, includ-
ing entertainment and dancing, pro-
vided that any such use that meets
the definition of Alcohol Sales Use
64
shall meet the requirements for an
alcohol sales use.
4513. Hotels [Ordinance 4592, 1/6/03]
414. Kennel, provided the principal
building is at least 250 feet and any
outside exercise or runway area is at
least 500 feet from any residentially
zoned property measured in a
straight line from the closest point of
the building or runway to the closest
residential zoned property line, and
upon approval of a Special Permit by
the Board of Adjustment after re-
view by the Commission.
4715. Laundries or Laundromats
4816. Lawn Mower Repair Shop
4917. Lumber Yards and Building Ma-
terials, retail, but not including any
manufacturing or fabricating for
wholesaling operations.
2018. Mini -storage or storage rental
development, upon issuance of a
Special Permit, which shall review
the location for compatibility of sur-
rounding, highest and best use of
land, and proximity to a major thor-
oughfare. [Ordinance 4683, 4/12/04] It
is the intent of this provision for
such uses to be towards the rear of
highly visible commercial property.
2419. Monument Sales Yard, but not
without a principal building.
2220. Off -premise advertising in ac-
cordance with Section 10-26-1. [Or-
dinance 4724, 9/20/04]
2321. Motels and Auto Courts
2422. Pet Shop, including Aquariums
2523. Printing Shops, not to include
more than two (2) 12"x 18" inch job
presses
2624. Restaurant: Fast Food Type and
Standard Type, and drive-in eating
establishments, provided that any
Page 33 of 196
CHAPTER 15
"C-2" COMMERCIAL DISTRICT 10-15-2 BULK REGULATIONS.
such use that meets the definition of
an Alcohol Sales Use shall meet the
requirements for a limited alcohol
sales use (on -premise consumption).
2725. Delayed deposit service uses,
provided that such uses meet the fol-
lowing requirements:
a. The use is licensed as a delayed
deposit services business by the
State of Iowa.
b. No delayed deposit service use
shall be located within 600 feet
from any of the following, as
measured in a straight line from
the closest point of the property
line in which a delayed deposit
service use is located to the dos -
est point of the property line of
such other use or area: protected
uses, pawnbroker uses, other de-
layed deposit service uses, adult
uses, or non -limited alcohol sales
uses.
c. No delayed deposit service use
shall offer or provide delayed
deposit services via a drive-
through or walk-up window or
any similar drive -up or drive-in
system.
2826. Pawnbroker uses
2427. Freestanding Commercial Park-
ing Lots, upon approval of a Special
Permit by the Board of Adjustment
after recommendation of the Com-
mission. [Ordinance 5288, 06/15/15]
8028. Other similar service and retail
businesses not included in the above
list subject to the administrative re-
view and approval of the Planning
staff. If staff determines that the
proposed use is not similar in na-
ture, it shall be considered a pro-
posed use not covered by title, as
regulated in 10-5-1(R).
B. Accessory Uses:
1. Accessory uses permitted in the
"C-1" District.
2. Accessory uses and structures cus-
tomarily incidental to any permitted
principal uses.
10-15-2
BULK REGULATIONS.
[Ordinance 3050, 10/1/79]
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
The following minimum requirements
shall be observed, subject to the modified
requirements contained in Section 10-27-1:
"C-2" COMMERCIAL DISTRICT
USE
MINIMUM
LOT AREA
MINIM
UM LOT
WIDTH
MINIMUM LOT
AREA PER
FAMILY
MINIMUM FRONT
YARD (1)
MINIMUM
SIDE YARD
MINIMUM
REAR
YARD (3) (4)
MAXIMUM
HEIGHT AND
LOT COVERAGE
Residential
Uses
SAME AS SPECIFIED IN THE "R-4" DISTRICT
Motels/
Hotels
No Mini-
mum
150 feet
20 ft.
10 ft.
20 ft.
No building shall
exceed 4 stories or
48 feet in height (5)
Other Per-
mitted
Uses
No Mini-
mum
No Min-
imum
No Minimum
20 ft.(2)
Same as "R-4"
District
35 ft.
(1) The fron yard depth of any lot abutting on a "major street" shall be measured from the proposed right-of-way lines as shown on
the Official Major Street Plan.
(2) The front yard setback is required except any commercial use may be built to the nearest front yard depth (from the street right-
of-way to the structure) of a structure that was legally established. This setback would apply to all structures on the same side of
65
Page 34 of 196
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS
10-22-1 REGULATIONS.
b. Minor
A site plan shall be prepared in
accordance with Section 10-21-
1(C) (Required Conditions) and
Section 10-21-1(D) (Procedure) for
any change to an approved site
plan located in a "M -2,P" Planned
Industrial District. Minor Site
Plan Amendments shall be admin-
istratively reviewed by Planning
staff. If the change is considered
insignificant in nature, staff may
approve the change without a re-
view and public hearing before the
Commission and City Council.
[Ordinance 4165, 5/13/96]
Examples of minor changes may
include, but are not limited to the
following: the location, construc-
tion, replacement or change in
type of signage; change in use to a
similar use approved with the de-
velopment plan; minor change in
building locations; or change in
the locations of access, driveways,
or parking areas. These examples
may be carried out through the
administrative review and ap-
proval of the Planning staff.
Minor changes may include addi-
tions to an existing building which
do not increase the floor area by
more than fifty (50) percent of the
floor area of the building pro-
posed to be added on to, or new
buildings with a floor area not ex-
ceeding ten (10) percent of the
floor area of all existing or ap-
proved principal buildings. If
staff determines that the magni-
tude of any such change is signifi-
cant in nature or could become
significant in nature, the change
shall be deemed major and the
change shall be resubmitted and
considered in the same manner as
the original site plan in accordance
86
with Section 10-21-1(C) (Required
Conditions) and Section 10-21-
1(D) (Procedure), including a pub-
lic hearing before the Commission
and City Council. In determining
if a change is significant in nature
the Planning staff shall consider,
among other things, the overall
design of the proposed change
and its compatibility to the exist-
ing development and surrounding
development, as well as impact on
the neighborhood due to changes
in parking, traffic, etc. or changes
in visibility or aesthetics from the
public roads or adjoining proper-
ties caused by the proposed
change.
CHAPTER 22
FLOODWAY AND FLOOD
PLAIN DISTRICTS
[Ordinance 3393, 6/10/85]
10-22-1 REGULATIONS.
The regulations set forth in this Chapter
and those contained in Chapter 5 shall apply
in the Floodway and Flood Plain Districts.
A. General Regulations.
1. Lands to Which Ordinance Applies.
This Ordinance shall apply to all lands
within the jurisdiction of the City of
Waterloo which uses the Flood Insur-
ance Study (FIS) as a basis for estab-
lishing the flood plain zoning districts.
These districts are shown on the Offi-
cial Zoning Map as being the bounda-
ries of the Floodway, Floodway
Fringe (designated as Zone AE on the
Official Flood Plain Zoning Map),
General Flood Plain (designated as
Zone A on the Official Flood Plain
Zoning Map) and Shallow Flooding
(designated as Zone AO or AH on the
Page 35 of 196
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS
10-22-2 "F -W" FLOODWAY (OVERLAY) DISTRICT.
Official Flood Plain Zoning Map)
Overlay Districts. [Ordinance 5288,
06/15/15] Within these districts, all
uses not allowed as Principal Permit-
ted Uses or permissible as Conditional
Uses are prohibited unless a Variance
to the terms of this Ordinance is
granted after due consideration by the
Board of Adjustment. [Ordinance 5049,
6/20/11]
2. Rules for Interpretation of District
Boundaries. The boundaries of the
Floodway, Floodway Fringe, General
Flood Plain and Shallow Flooding
Overlay Districts shall be determined
by scaling distances on the Official
Flood Plain Zoning Map. When an in-
terpretation is needed as to the exact
location of the boundaries, the City
Planner or official designee shall make
the necessary interpretation. The
Board of Adjustment shall hear and
decide appeals when it is alleged that
there is an error in any requirement,
decision, or determination made by
the City Planner or designee in the en-
forcement or administration of this
Ordinance. [Ordinance 5049, 6/20/11]
3. Abrogation and Greater Restrictions.
It is not intended by this Ordinance to
repeal, abrogate or impair any exist-
ing easements, covenants, or deed re-
strictions. However, where this Ordi-
nance imposes greater restrictions, the
provision of this Ordinance shall pre-
vail. All other ordinances inconsistent
with this Ordinance are hereby re-
pealed to the extent of the incon-
sistency only.
4. Warning and Disclaimer of Liability.
The degree of flood protection re-
quired by this Ordinance is consid-
ered reasonable for regulatory pur-
poses and is based on engineering and
scientific methods of study. Larger
floods may occur on rare occasions.
Flood heights may be increased by
87
man-made or natural causes, such as
ice jams and bridge openings restrict-
ed by debris. This Ordinance does not
imply that areas outside the flood
plain districts or land uses permitted
within such districts will be free from
flooding or flood damages. This Or-
dinance shall not create liability on the
part of the City of Waterloo or the
Board of Adjustment or an officer or
employee thereof for any flood dam-
ages that result from reliance on this
Ordinance or any administrative deci-
sion lawfully made there under.
10-22-2 "F -W" FLOODWAY (OVERLAY)
DISTRICT.
A. Principal Permitted Uses.
The following uses shall be permitted
within the Floodway (Overlay) District to the
extent they are not prohibited by other ordi-
nance (or underlying zoning district) and
provided they do not require placement of
structures, factory built homes, fill or other
obstruction, the storage of materials or other
equipment, or excavation, or alteration of a
watercourse.
1. Agricultural uses such as general
farming, pasture, grazing, outdoor
plant nurseries, horticulture, viticul-
ture, truck farming, forestry, sod
farming, and crop harvesting.
2. Industrial -commercial uses such as
loading areas, parking areas, airport
landing strips.
3. Private and public recreational uses
such as golf courses, tennis courts,
driving ranges, archery ranges, picnic
grounds, boat launching ramps,
swimming areas, parks, wildlife and
nature preserves, game farms, fish
hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hunting
and fishing areas, hiking and horse
riding trails.
Page 36 of 196
CHAPTER 22
FLOODWAY AND FLOOD PLAIN DISTRICTS
10-22-2 "F -W" FLOODWAY (OVERLAY) DISTRICT.
3.4. Stormwater detention or retention fa-
cilities.
4.5. Residential uses such as lawns, gar-
dens, parking areas play areas.
5-6. Such other open -space uses similar in
nature to the above uses.
B. Conditional Uses.
The following uses which involve struc-
tures (temporary or permanent), fill, storage
of materials or equipment, or excavation or
alteration of a watercourse may be permitted
only upon issuance of a Special Exception
Permit by the Board of Adjustment. Such us-
es must also meet the applicable provisions of
the Floodway District Performance Stand-
ards.
1. Uses or structures accessory to open -
space uses.
2. Circuses, carnivals, and similar transi-
ent amusement enterprises.
3. Drive-in theaters, new and used car
lots, roadside stands, signs, and bill-
boards.
4. Extraction of sands, gravel, and other
material.
5. Marinas, boat rentals, docks, piers,
wharves.
6. Utility transmission lines, under-
ground pipelines.
7. Other uses similar in nature to the
Principal Permitted and Conditional
Uses described herein which are con-
sistent with the Floodway District Per-
formance Standards and the general
spirit and purpose of this Ordinance.
C. Performance Standards.
All Floodway District Uses allowed as a
Principal Permitted or Conditional Use shall
meet the following standards:
1. No use shall be permitted in the
Floodway District that would result in
88
any increase in the 100 year flood lev-
el. Consideration of the effects of any
development on flood levels shall be
based upon the assumption that an
equal degree of development would
be allowed for similarly situated
lands.
2. All uses within the Floodway District
shall:
a. Be consistent with the need to
minimize flood damage.
b. Use construction methods and
practices that will minimize flood
damage.
c. Use construction materials and
utility equipment that are resistant
to flood damage.
3. No use shall affect the capacity or
conveyance of the channel or flood -
way or any tributary to the main
stream, drainage ditch, or any other
drainage facility or system.
4. Structures, buildings and sanitary and
utility systems, if permitted, shall
meet the applicable performance
standards of the Floodway Fringe Dis-
trict and shall be constructed or
aligned to present the minimum pos-
sible resistance to flood flows.
5. Buildings, if permitted, shall have a
low flood damage potential and shall
not be for human habitation.
6. Storage of materials or equipment that
are buoyant, flammable, explosive or
injurious to human, animal or plant
life is prohibited. Storage of other ma-
terial may be allowed if readily re-
movable from the Floodway District
within the time available after flood
warning.
7. Watercourse alterations or relocations
(channel changes and modifications)
must be designed to maintain the
flood carrying capacity within the al -
Page 37 of 196
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10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
building facades and attract customers.
On the other hand, signs more than any
other single feature can detract from even
the most attractive storefront if erected
without care. It is the intent of the City of
Waterloo not to unduly restrict outdoor
advertising signs. However, placement
and construction of outdoor advertising
signs should be compatible with sur-
rounding land uses and preserve proper-
ty values of surrounding properties,
should protect existing businesses which
are adequately identified and advertised
from a proliferation of signs which reduce
the effectiveness of individual signs,
should not distract adjoining residences,
and should not distract nor reduce sight
distance for vehicular traffic.
For all of the foregoing reasons, we
deem the following to be our purpose in
enacting this chapter: to ensure that signs
are designed, located, constructed, erect-
ed and maintained so as to preserve the
public safety of motorist and pedestrians
and to preserve and promote the natural
beauty and character of the City in a
manner that will protect property values,
create a more attractive economic and
business climate, promote and aid tour-
ism which is declared to be of importance
to the economy of the City, protect pedes-
trians and motorists from damage or inju-
ry caused by improperly situated signs,
promote the public safety, welfare, con-
venience and enjoyment of travel and the
free flow of traffic within the City of Wa-
terloo
B. Definitions.
1. Abandoned sign: A sign structure that
has ceased to be used, and the owner
intends no longer to have used, for the
display of sign copy, or as otherwise
defined by state law.
2. Animated sign: A sign employing ac-
tual motion or the illusion of motion.
131
3. Awning: An architectural projection
or shelter projecting from and sup-
ported by the exterior wall of a build-
ing and composed of a covering of rig-
id or non -rigid materials and/ or fab-
ric on a supporting framework that
may be either permanent or retracta-
ble, including such structures that are
internally illuminated by fluorescent
or other light sources.
4. Awning sign: A sign displayed on or
attached flat against the surface or
surfaces of an awning.
5. Back -lit Awning: An awning with a
translucent covering material and a
source of illumination contained with-
in its framework.
6. Banner: A flexible substrate on which
copy or graphics may be displayed.
7. Banner sign: A sign utilizing a banner
as its display surface
8. Billboards: "Billboard" as used in this
Ordinance shall include all structures
regardless of the material used in the
construction of the same, that are
erected, maintained, or used for pub-
lic display of posters, painted signs,
wall signs, whether the structure is
placed on the wall or painted on the
wall itself, pictures or other pictorial
reading matter which advertise a
business or attraction which is not car-
ried on or manufactured in or upon
the premises upon which said signs or
billboards are located. Also referred
to as an Off -Premise Advertising Sign.
9. Building elevation: the entire side of a
building, from ground level to the
roofline, as viewed perpendicular to
the walls on that side of the building.
10. Canopy: An overhead structure sup-
ported by cantilevers from the build-
ing or extends from the building and
is supported by columns at additional
points.
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10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
11. Changeable sign: A sign with the ca-
pability of content change by means of
manual or remote input.
12. Combination sign: A sign that is sup-
ported partly by a pole and partly by
a building structure.
13. Copy: Those letters, numerals, fig-
ures, symbols, logos and graphic ele-
ments comprising the content or mes-
sage of a sign, excluding numerals
identifying a street address only.
14. Development Complex Sign: A free-
standing sign identifying a multiple -
occupancy development, such as a
shopping center or planned industrial
park, which is controlled by a single
owner or landlord.
15. Directional Sign: Any sign that is de-
signed and erected for the purpose of
providing direction and/ or orienta-
tion for pedestrian or vehicular traffic.
16. Double -Faced sign: A sign with two
faces, back to back.
17. Electric Sign: A sign activated or il-
luminated by means of electrical ener-
gy.
18. Electronic Message Sign or Center:
An electrically activated changeable
sign whose variable message capabil-
ity can be electronically programmed.
19. Exterior Sign: Any sign placed out-
side a building.
20. Flashing Sign: An "Animated Sign"
that is electronically activated".
21. Illuminated Sign: A sign character-
ized by the use of artificial light, either
projecting through its surface(s) (in-
ternally illuminated); or reflecting off
its surface(s) (externally illuminated).
22. Monument Sign: A freestanding sign,
such as a stone or sculpture or other
monument used for advertising with
good design standards and aesthetics
132
that typically exceed that of a pole
sign. The base of post(s), if used, shall
be at least 3/4 the width of the overall
sign and be fully enclosed, except that
post signs less than six (6) feet in
height and forty (40) sq.ft. in area shall
not be required to be enclosed and
shall be considered monument signs.
On corner lots, no monument sign
shall be erected within the triangular
area formed by the intersection of the
lot lines and a line connecting two (2)
points each located ten (10) feet from
the intersection of the lot lines of the
corner of the lot located at the inter-
section, unless the monument sign
does not exceed two and one-half (2
1/2) feet above the grade.
23. Multiple faced Sign: A sign contain-
ing three or more faces.
24. On -Premise Sign: A sign relating in
its subject matter to the premises on
which it is located, or to products, ac-
commodations, services, or activities
on the premises.
25. Off -Premise Sign: A sign other than
an on -premise sign. Bus benches with
advertising are signs, but are regulat-
ed by Section 7-2B-3 of the City of Wa-
terloo Code of Ordinance. Also re-
ferred to as a Billboard.
26. Pole or Post Sign: A freestanding
sign principally supported by pole(s)
or post(s) affixed to the ground and
not supported by a building.
27. Political Sign: A temporary sign in-
tended to advance a political state-
ment, cause or candidate for office.
28. Portable Sign: Any sign not perma-
nently attached to the ground or to
the building (see Temporary Sign).
29. Projecting Sign: A sign attached to
the building that projects from the
building (usually perpendicular to the
building).
Page 39 of 196
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OUTDOOR ADVERTISING SIGNS AND BILLBOARDS
10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
30. Real Estate Sign: A temporary sign
advertising the sale, lease, or rental of
the property or premises upon which
it is located.
31. Revolving Sign: A sign that revolves
360 degrees about an axis.
32. Roof Line: The top edge of a peaked
roof.
33. Roof Sign: A sign mounted on, and
supported by, the main roof portion of
a building.
34. Sign: Any structure or device de-
signed or intended to convey infor-
mation to the public in written or pic-
torial form for the purpose of bringing
the subject thereof to the attention of
the public. Flags displayed from flag-
poles or staffs will not be considered
to be signs.
35. Temporary Sign: A sign intended to
display either commercial or non-
commercial messages of a transitory
or temporary nature. Portable signs
or any sign not permanently embed-
ded in the ground, or not permanent-
ly affixed to a building or sign struc-
ture that is permanently embedded in
the ground, are considered temporary
signs.
36. Wall Sign: A sign that is in any man-
ner affixed to any exterior wall of a
building or structure and projects not
more than 18 inches from the building
or structure wall.
37. Window Sign: A sign affixed to or
painted on the surface of a window
with its message intended to be visible
to and readable from the public way
or from adjacent property.
C. Regulation of All Signs.
The regulations contained in this
chapter shall apply to and regulate signs
in all Districts except the "H -C" Highway
Corridor Overlay Districts. No sign shall
133
be located, erected, or maintained except
in compliance with these regulations. All
signs shall be considered as accessory us-
es to a Principal Permitted Use, except for
off -premise advertising signs and bill-
boards. All signs may be erected up to
the property line, unless otherwise speci-
fied in this Ordinance. Such signs shall
obtain a building permit and zoning ap-
proval prior to construction.
1. Exemptions: The regulations con-
tained in this Section shall not apply
to:
a. Traffic control signs or devices;
b. Signs located within buildings, ex-
cluding Home Occupations, or
within public sports complexes or
facilities;
c. Official signs of a non-commercial
nature erected by public utility
companies;
d. "For Sale" and "Garage Sale" type
signage less than six (6) square
feet on private property. Said
signage shall be removed when
the sale is completed; and
e. Political signs on private property
in compliance with the Code of
Iowa.
2. Prohibited Signs:
a. Non-exempt signs in street rights-
of-way excluding approved signs
in the "C-2" and "C-3" District,
and subdivision signs as provided
in this Section; and
b. Signs which resemble traffic con-
trol signs or devices.
c. With respect to the premises of
any establishment that is a limited
alcohol sales use (off -premise con-
sumption), except as set forth be-
low, any sign that includes any
image or verbiage that makes use
of the words "alcohol," "beer,"
Page 40 of 196
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10-26-1 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS.
"wine," "liquor," or any variant or
synonym of any such word, or any
type of such beverage, or that in-
dicates or suggests that such bev-
erages may be purchased in or
upon the premises, except that
banner, portable and temporary
signs shall be allowed if conform-
ing to the requirements of Section
10-26-1(C)(4)(j) and if not in viola-
tion of Iowa Code § 123.51. The
limitations of this paragraph shall
not apply to establishments locat-
ed in the "C-3" Commercial Dis-
trict, to any grocery store in which
the retail floor space in the build-
ing equals or exceeds 10,000
square feet, or to a pharmacy.
3. Off -Premise Advertising Signs and
Billboards:
Off -Premise Advertising is a tradi-
tional and legitimate advertising me-
dium involving the lawful use of pri-
vate property. The term Off -Premise
Advertising Signs and Billboards shall
be considered synonymous.
Off -Premise Advertising should be
regulated to provide for safe struc-
tures to be properly located so as to
meet uniform standards for construc-
tion and maintenance and to be main-
tained to conform to a neat and pleas-
ant community appearance.
In all districts where permitted (C-2,
C-3, M-1, and M-2, excluding corridor
overlay districts), billboards shall have
a prime message area not to exceed
300 square feet. Billboards may exceed
300 square feet for unique site charac-
teristics including, but not limited to,
setbacks, surrounding land uses and
structures, spaciousness and visibility.
Such a request over the 300 square
foot limit must follow the procedure
by applying for a Special Permit from
the Board of Adjustment. In no case
134
shall the Board of Adjustment grant a
Special Permit that exceeds 672 sq. ft.,
and an embellishment, trim and skirt-
ing area not to exceed an additional
150 sq. ft. The maximum allowable
height as measured from natural
grade at the base of the sign to the top
of the structure is 48 feet with the
minimum height being 10 feet from
natural grade at the base of the sign to
the bottom of the structure. The struc-
tures shall be a monopole steel design,
with the paint and sign material main-
tained in a new condition. All bill-
board sign structures, including the
outermost edge of the sign panel,
must be setback from the immediate
abutting street right-of-way line or
property line equal to the setback of
the underlying Zoning District. Bill-
board structures shall not be permit-
ted within 1000 feet of another bill-
board structure measured in either di-
rection along both sides of the street
which adjoins the billboard structure,
measured from the base of structure
to the base of structure in a straight
line regardless of grade. Furthermore,
no billboard structure shall be permit-
ted closer than 200 feet from a resi-
dential Zoning District or from the
property boundaries of any property
which has a principal residential use
located thereon, nor closer than 200
feet from the property boundaries of a
public park, church, school cemetery,
hospital, the property boundaries of
any historic district established by
state law or local ordinance, or the
property boundaries of any structure
listed on the National Register of His-
toric Places. In addition, vertical
stacking of separate sign panels on a
billboard structure shall be prohibited.
On corner lots, no billboard shall be
erected within the triangular area
formed by the intersection of the lot
lines and a line connecting two (2)
Page 41 of 196
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
property unless approved by the City Council
by encroachment agreement. [Ordinance 4841,
10/16/06] In "C-2" and less restrictive Dis-
tricts, signs, overhangs, and marquees at-
tached to a building may extend over street
right-of-way lines provided the erection of
such signs, overhangs, and marquees are con-
structed in accordance with the provisions of
the building code.
G. Existing Unenclosed Porch, New
Deck or Unenclosed Porch.
1. An existing unenclosed porch on the
front of a dwelling built prior to adop-
tion of Ordinance 2479, adopted
02/03/69, may be re -modeled or re-
built to an enclosure when projecting
no farther than the original open
porch. [Ordinance 4656, 11/10/03] [Or-
dinance 4855, 2/19/07]
2. A new deck or unenclosed porch ad-
dition to a dwelling may be built eight
(8) feet or one fourth (1/4) the dis-
tance (whichever is greater) into the
required front or rear yard setback.
This shall only include the required
setback as stated in the Bulk Regula-
tions Section of the District in which
located, and shall not include the av-
erage setback required by the Front
Yard Section of Chapter 5, General
Regulations. Existing dwellings with
a front or rear yard setback that is less
than the minimum required shall cal-
culate one fourth (1/4) the distance of
the existing setback, however this
shall not prohibit the erection of an
eight (8) foot deck or unenclosed
porch. This will not be interpreted in
any way to authorize any addition
over a platted building line, easement,
property line or road right-of-way
line. This provision shall not allow a
deck or unenclosed porch addition
within a required side yard setback,
except a required side yard along a
street frontage on a corner lot. Said
addition is defined as a non -enclosed
146
structure and, for decks in the front
yard, with a non -solid side wall, if any
at all, which cannot be enclosed in the
future as an addition to the home.
Non -solid wall shall mean a wall or
fence utilizing a spindle or board de-
sign with openings between boards
that are at least the width of the
boards. For porches in the front or
rear, or decks in the rear, a solid wall
may be used if it does not exceed for-
ty-two (42) inches in height above the
floor of the deck or porch. [Ordinance
4386, 10/18/99] [Ordinance 4656,
11/10/03]
H. Special Permit Required.
A Special Permit for the location of any of
the following buildings or uses in any district
permitted by this Ordinance must be ob-
tained from the Board of Adjustment [Ordi-
nance 3614, 1/9/89] after public hearing there-
on:
1. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government, excluding parks or rec-
reational trails and accessory uses and
structures customarily incidental to a
park or recreational trail.
2. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion.
3. Hospitals, excluding animal hospitals,
and clinics, excluding clinics in the "R-
4" Multiple Residence District or less
restrictive district.
4. Group Homes (Unless located in a "C-
1" or less restrictive district). [Ordi-
nance 4554, 6/3/02]
5. Halfway (Rehabilitation) Houses. [Or-
dinance 4554, 6/3/02]
Page 42 of 196
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
6. Community building, institutional or
community recreation center or field,
commercial and private outdoor rec-
reational uses such as baseball fields,
swimming pools, skating rink:,facili-
ties golf course or country clubs, min-
iature/ goofy golf and driving ranges,
Commercial Campgrounds, Hunting
and Fishing Clubs, Skeet or Trap
Shooting Ranges, Archery and Gun
Range Facilities, Outdoor Paintball
Facilities, automobile race tracks, drag
strips, go-cart tracks, mini bikes or ac-
tivity areas for motorcycles, snowmo-
biles, or ATV's racc tracks or activity
ares for automobiles, motorcycles,
mini bikes, snowmobiles, ATV's',
drive-in theaters, or similar uses, or
similar public or private open air rec-
reational uses and facilities, excluding
public or private parks or pedestrian
recreational trails and accessory uses
and structures customarily incidental
to a park or pedestrian recreational
trail. Private non-commercial areas,
such as non-profit clubs, etc. shall on-
ly require Special Permit approval if
organized events or activities occur
more than 12 times in a calendar year.
7. Public or private cemetery or burial
ground. (Minimum thirty (30) acres)
8. Recycling, Junk or Salvage Yards as
defined in this Ordinance provided
that they are within the following zon-
ing classifications: "M-1" Light Indus-
trial District, "M-2" Heavy Industrial
District or "M -2,P" Planned Industrial
District and meet the following mini-
mum requirements:
a. The yard shall be completely sur-
rounded with a fence or wall that
is eight (8) feet in uniform height
and color. The fence shall be of an
opaque material and kept free of
any openings such as broken out
areas and torn holes. Chain link
or heavy wire gates may be used
147
for see through inspection pur-
poses for no more than forty (40)
feet along each side of the yard
having street frontage and at ap-
proved points of access to a public
street or alley. Chain link or heavy
wire fencing that is free from torn
areas or openings may be placed
along sides of the yard adjoining a
flood control levee or other such
barrier which would permanently
screen the yard from public view.
b. No off -premise advertising shall
be on any wall or fence. The name
of the yard and other services of-
fered by the yard, if placed on the
wall or fence, shall occupy no
more than ten (10) percent of the
wall or fence.
c. The posts, rails or other support-
ing elements of the fence shall face
the inside of the yard and not be
visible from outside the yard.
d. Vehicle bodies stacked higher than
the wall or fence shall be no higher
than two (2) car bodies above the
wall or fence when stacked at least
fifteen (15) feet from the wall or
fence. Car bodies stacked no
higher than the fence need not be
15 feet from the fence. All other
stacked salvage material shall not
be stacked higher than the allowa-
ble building height for the District.
The Board of Adjustment shall
have the power to grant an excep-
tion to these stacking provisions
so long as said exception is in ac-
cordance with the purpose and in-
tent of the Zoning Ordinance.
e. All work performed shall be car-
ried on within the fenced area or
within an enclosed building or
structure approved as a part of the
salvage operation.
Page 43 of 196
1
1
1
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
ture involved in such establishment,
the owner shall be required to apply
for a Special Permit under the provi-
sions of the Zoning Ordinance.
4. In determining whether an adult use
is non -conforming, especially in rela-
tion to another adult use, the Board
shall take into account the length of
time that said adult use has been op-
erating at its present location and
shall consider the oldest adult use as a
conforming use.
O. Towers and Wireless Communica-
tion Facilities.
[Ordinance 4321, 9/14/98]
[Ordinance 4541, 3/11/02]
1. Purpose. The special provisions of
this Section are intended to regulate
the location of new communication
towers and antennas. The Telecom-
munications Act of 1996 restructured
and deregulated many aspects of the
country's communication industry.
New telecommunication providers en-
tering the market desire to build a
network that can require additional
freestanding communication towers
as well as antennas mounted on exist-
ing buildings and other structures.
It is the desire of the City of Waterloo
to encourage an aesthetically pleasing
local environment. It is also the intent
of the City to encourage the expansion
of wireless technology, because it
provides a valuable service to resi-
dents and businesspersons in the city.
-It is not the City's goal to unreasona-
bly discriminate among providers of
functionally equivalent services; and
to not have the effect of prohibiting,
either directly or indirectly, the provi-
sions of personal wireless services. It
is the goal to encourage wireless pro-
viders to construct new facilities dis-
guised as public art pieces, as natural
vegetation, or to mount antenna on
154
buildings in a way that blends archi-
tecturally with the built environment.
-In accordance with applicable zoning
regulations, any request to place, con-
struct, or modify personal wireless
service facilities shall be acted on
within a reasonable time after the re-
quest is duly filed with the proper
City office, taking into account the na-
ture and scope of each request. Any
decision to deny a request to place,
construct, or modify personal wireless
service facilities shall be in writing
and supported by substantial evi-
dence contained in a written record.
a. Goals.
i. To minimize the adverse visu-
al effects of communication
structures through careful de-
sign, siting, locating, and
screening;
ii. To locate and engineer com-
munications support struc-
tures to mitigate potential
damage to adjacent properties
from structural failure;
iii. To allow for the reasonable lo-
cation and efficient use of
communication structures
through co -location of carriers;
and
iv. To preserve and improve the
peace, safety, health, welfare,
comfort, and convenience of
the citizens of the City of Wa-
terloo.
b. Regulation of All Towers. Towers
exceeding fifty (50) feet above
grade, including wireless commu-
nication towers and facilities, shall
be allowed upon approval of a
Special Permit by the Board of Ad-
justment after recommendation of
the Commission, except as pro-
vided in this Section. Wireless
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communication towers not ex-
ceeding fifty (50) feet shall be al-
lowed upon approval of a Special
Permit by the Board of Adjust-
ment after recommendation of the
Commission, except as provided
in this Section. Wind energy facili-
ties shall be regulated by Section
10-27-1(S).
2. Definitions, as used in this Chapter.
a. "Multiple use facilities (Co -location
effort)" - Wireless communication
facilities that are shared with other
existing or newly constructed us-
es, such as, but not limited to,
sports field lights, retail business
highway signs, flag poles, or other
shared competing communica-
tions facilities.
b. "Monopoles" - A self-supporting,
cylindrical, metallic pole used as a
communications support structure
and engineered to support more
than one communications carrier
in exchange for a rental fee.
c. "Camouflage Design" - Camouflage
design is a term describing a piece
of art, or an architectural structure
or element, that functions as a
communications facility and aes-
thetically blends with the sur-
rounding historical or aesthetical-
ly -sensitive environment. Exam-
ples of camouflage design include,
but are not limited to, flag poles,
clock towers, monuments, and
church steeples. Camouflage de-
sign also applies in the architec-
tural integration of communica-
tion facilities onto existing build-
ings, sports field lights, highway
signs, water towers, etc. All such
designs are subject to review and
approval of the communications
carrier, the landlord, and the
Planning staff. If deemed to be of
155
major significance, the request
would be contingent upon final
approval by the Board of Adjust-
ment, after review by the Com-
mission. The camouflage design
of new freestanding wireless
communication towers must be
accessory in design to the princi-
pal use of the site. For example, a
new tower on a church site would
need to be designed to appear as a
steeple tower, cross, etc. A new
tower on a school or park field
would need to appear as a new
field lights structure, etc. This is
aimed to further disguise the ap-
pearance of wireless communica-
tion structures.
d. "Structure height" - The vertical
distance measured from the base
of the antenna support structure at
grade to the highest point of the
structure. If the support structure
is on a sloped grade, then the av-
erage between the highest and
lowest grades of the cell site shall
be used in calculating the height.
e. "Communications structure" - Any
tower or any other structure that
supports devices used in the
transmission or reception of mi-
crowave energy, analog data
transfer techniques, radio frequen-
cy energy, and other digital data
transfer techniques.
f. "Communication structure site" - A
tract or parcel of land that contains
the wireless communication struc-
ture, accessory building(s), and
parking, and may include other
uses associated with and neces-
sary for wireless communication
and transmission.
g.
"Tall structure" - Any structure the
top of which is more than fifty (50)
feet above grade.
Page 45 of 196
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SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS
10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
h. "Minimum height" - The lowest
vertical distance at which the
structure can still operate at an ef-
ficient level of service. An efficient
level of service is deemed to be
95% or greater of possible opera-
tive levels.
J.
"Effectively screened"- An area of
planting which provides an effec-
tive visual barrier. For a single
row the screen shall consist of
spruce, firs, or pines spaced at a
maximum spacing of 15 feet or a
double staggered row of spruce,
firs, or pine spaced at a maximum
spacing of 20 feet within each row;
for arborvitae and juniper the
spacing shall be a double stag-
gered row with maximum spacing
of 10 feet within each row, or a
single row with maximum spacing
of 6 feet.
"Significance, Minor" - Requests
meeting the criteria as described in
the Process Section 3a. Also, in
compliance with the Design
Standards.
k. "Significance, Major" - Requests
meeting the criteria as described in
the Process Section 3b. Also, any
deviation from the Design Stand-
ards may classify a formerly minor
significant request to this stature.
Such decision is up to the discre-
tion of the City Planner and
his/her designee.
3. Process.
a. Minor significance. The proposed
structure shall be subject to staff
review by the City Planner and
his/her designee, if any of the fol-
lowing are true:
i. Agricultural and Industrial
zoning classifications
156
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
(b) All proposed structures co -
located onto an existing
communications facility or
structure at least 50 feet in
height.
(c) All proposed structures set
back 1.5 times the height of
the tower from the nearest
property line and are of
monopole design.
ii. Commercial zoning classifica-
tions
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings.
(b) All proposed structures co -
located onto an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
iii. Residential zoning classifica-
tions
(a) All proposed structures to
be constructed using cam-
ouflage design, to visually
disguise them or architec-
turally integrate them from
the public view and their
surroundings. Such struc-
tures must be located at
least twice the tower
height from any 1 or 2 fam-
ily dwelling lot (If said
dwelling lot is a non
Page 46 of 196
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
conforming use this provi
cion shall not applycxcept
if said dwelling lot is in an
industrially zoned district).
(b) All proposed structures co -
located onto an existing
communications facility or
structure equal to or great-
er than 50 feet in height
utilizing camouflage,
stealth, and/ or flush
mount design.
b. Major significance. The proposed
structure shall require review by
the Commission contingent upon
final approval by the Board of Ad-
justment, if any of the following
are true:
Agricultural and Industrial
zoning classifications
(a) Lattice or guyed design
towers as specified in Sec-
tion 6d as contained here-
in.
ii. Commercial zoning classifica-
tions
(a) Any structure not employ-
ing camouflage design or
co -located upon an existing
communications facility or
structure equal to or great-
er than 50 feet in height.
iii. Residential zoning classifica-
tions or uses
(a) Any structure not employ-
ing camouflage design
and/ or located twice the
tower height from any 1 or
2 family dwelling lot.
4. Where Permitted. The proposed
structure is classified as a permitted
use, upon approval as noted above in
Sections 3a and 3b, if any of the fol-
lowing are true:
157
a. Agricultural and Industrial zoning
classifications and any other spe-
cific plans allowing such uses:
Communication structures are
not permitted within 150 feet
of an interstate or state high-
way. The tower shall be set
back a distance equal to 1.5
times the height of the tower.
This shall be measured from
the outcr most point of the
base to the nearest property
line.
ii. When mounted on a building
and architecturally integrated
into an existing structure
and/ or multiple use facilities.
iii. When designed with camou-
flage design.
b. Residential and Commercial zon-
ing classifications and specific
plans allowing such uses:
i. When mounted on a building
and architecturally integrated
into an existing structure
and/ or multiple use facilities.
ii. When designed with camou-
flage design.
5. Design Standards. The proposed
structure must comply with the fol-
lowing provisions prior to the issu-
ance of any permits.
a. Necessity. The wireless commu-
nications company shall demon-
strate that the antenna must be lo-
cated where it is proposed in or-
der to satisfy the antenna's func-
tion in the company's grid system.
b. Co -location Effort. If the wireless
communications company pro-
poses to build a tower (as opposed
to mounting the antenna on an ex-
isting tall structure), it shall
demonstrate a reason of substan-
Page 47 of 196
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
tial nature describing the inability
to co -locate. This demonstration
shall utilize one or more of the fol-
lowing criteria to satisfactorily il-
lustrate why co -location on an ex-
isting tall structure is infeasible:
i. Structural Infeasibility. The
wireless communications
company shall provide a struc-
tural analysis to show the
structural loading, minimum
height, available space on the
existing structure, or available
ground space at the proposed
site is inadequate to serve its
needs for a viable communica-
tions structure site.
ii. Engineering Infeasibility. The
wireless communications
company shall provide engi-
neering studies to show that
the existing tall structure can-
not be satisfactorily engi-
neered to meet the coverage
and/ or capacity demands of
its customers or function in its
grid system.
iii. Economic Infeasibility. Co -
location on an existing tall
structure is an incentive to,
and is in the economic best in-
terest of, each wireless com-
munication company as co -
location reduces the cost to
deploy each communication
site. Where negotiation to co -
locate on an existing tall struc-
ture fails, the wireless com-
munications company shall
provide evidence, to include
written assurances in the form
of affidavits, that it could not
obtain permission from own-
ers of tall structures within a
quarter (1/4) mile radius of
the proposed site to install its
158
antennas on those tall struc-
tures.
The Zoning Board of Adjustment
may deny the permit if it con-
cludes that the applicant has not
made a good faith effort to mount
the antenna on an existing struc-
ture or for any other reason within
the scope of the Board of Adjust-
ment's authority.
c. Structure Height. The applicant
shall demonstrate, to the reasona-
ble satisfaction of the Commission
and the Board of Adjustment, that
the structure is the minimum
height required to function satis-
factorily while simultaneously
providing adequate structural
height for possible co -locators.
The Board of Adjustment has the
right to deny any structures above
the determined height unless oth-
erwise shown the structure would
be inoperable.
d. Setbacks From Base of Structure.
The minimum distance between
the base of the structure or any
guy anchors and any property line
shall be the largest of the follow-
ing:
i. Fifty (50%) percent of antenna
height.
ii. The minimum setback in the
underlying zoning district.
iii. Sixty (60) feet.
iv. Twice the tower height from
any 1 or 2 family dwelling lot
(except if said dwelling lot is in
an industrially zoned district).
If said dwelling lot is a legal
non conforming use, this pro
vision shall not apply.
v. Any new tower structures
built upon land owned by the
city, state, public schools, or
Page 48 of 196
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
other public entity may in-
clude the street right-of-way in
its setback requirements to fur-
ther promote any necessary
construction of such facilities
to go onto larger tracts of pub-
lic land to allow for greater
separation from residential us-
es and to further benefit the
community as a whole
through the generation of
funds.
e. Structure Safety. The applicant
shall demonstrate through proof
of insurance, compliance with set-
back requirements, and submittal
of engineering studies, that the
proposed structure is safe, accord-
ing to the Electronic Industries
Association Standards (EIA
Standard 222 in regards to struc-
tural standards for steel antenna
towers and antenna support struc-
tures) for its design, according to
1996 FCC Regulations in terms of
radio frequency transmissions,
and the surrounding areas will not
be negatively affected by structure
failure. All support structures
shall be fitted with anti -climbing
devices, as approved by the manu-
facturers. Any such failure or in-
terference shall be the responsibil-
ity of the applicant to remedy.
f. Fencing and Landscaping. An
opaque fence shall be installed
around the antenna support struc-
ture and other equipment, unless
the antenna is mounted on an ex-
isting structure or camouflage de-
sign is employed. The fence shall
be a minimum of six (6) feet in
height and serve to screen the base
of the structure and improve secu-
rity. No such fence may use
barbed wire closer than six (6) feet
to the ground. Said fencing shall
159
g.
be effectively screened on the out-
side (as defined in this Section).
Co -location. In order to reduce
the number of communication
structures in the community, the
proposed structure shall be re-
quired to accommodate other us-
ers, including other wireless
communication companies, and
local police, fire and ambulance
companies.
h. FCC License. The wireless com-
munication company shall pro-
vide proof that it is licensed by the
Federal Communications Com-
mission to conduct business in the
Waterloo market.
i. Required Parking. If the commu-
nication structure site is fully au-
tomated, adequate parking shall
be required for maintenance
workers. If the site is not auto-
mated, the number of required
parking spaces shall equal the
number of people on the maxi-
mum working shift. Structures
must be constructed of a material
compatible with existing abutting
property building unless specifi-
cally proven to be unattainable.
This is to reduce the visual impact
of the structure and create an ap-
pearance which is compatible and
harmonious with the surround-
ings.
Painting. Antenna support struc-
tures shall be painted, if deter-
mined necessary in process of re-
quest, in such a manner as to re-
duce the visual impact and create
a harmonious appearance with
their surroundings.
k. Site Plan. A full site plan shall be
required for all communication
structure sites, showing the struc-
ture, antenna, antenna support
J.
Page 49 of 196
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
structure, building, fencing, buff-
ering, existing and proposed utili-
ties and access.
1. Air Safety. All structures will be
in compliance with the City of Wa-
terloo Airport Ordinance and
meet the guidelines for an Federal
Aviation Administration Determi-
nation (of no hazard).
6. Other Design Requirements.
a. Support facilities such as equip-
ment rooms and cabinets and cel-
lular switching devices shall be
designed to match the architecture
of adjacent buildings. In the event
the wireless company chooses not
to house support facilities such as
equipment rooms and cellular
switching devices, the facility shall
be screened from public view by
walls, trellises, landscaping, or
similar treatments.
b. No chain link fence associated
with any wireless communication
facility is permitted unless effec-
tively screened as defined in this
Section.
c. Temporary poles may be permit-
ted for a period of up to six
months, subject to review and ex-
tension, if an application for a
permanent facility has been filed
and the necessity for temporary
service can be proven to the satis-
faction of the City. Final approval
of a temporary facility shall be
subject to the review and approval
as defined in the process Section.
d. Lattice towers shall not be permit-
ted anywhere in the City unless
located in an Agricultural zone,
designated in the Long Range
Land Use Plan for industrial use,
or an Industrial zone. These tow-
ers shall be constructed with a set -
160
back from any right-of-way lines,
property lines, or residential dis-
tricts which shall be equal to or
greater than 1.5 times the height of
the tower.
e. All utilities associated with wire-
less communication facilities shall
be underground unless demon-
strated by the company that the
local utility company has deter-
mined that it is impractical. This
regulation applies only in residen-
tial or commercial zoning classifi-
cations.
f. The facility operator or property
owner shall be responsible for
maintaining the facility in good
appearance, which shall include
but not be limited to, regular
cleaning of the facility, keeping the
facility painted as needed, keeping
bird nests and other similar items
clear of the antenna area, and all-
around maintenance of the facility.
Any proposed free standing tower
structure to be located within pub-
lic street right-of-way shall within
500' of a 1 or 2 family dwelling lot
will go through the Commission
for a recommendation to the
Board of Adjustment, similar togs
a Special Permit. Such a request
will require a notification by staff
to all surrounding property own-
ers within two hundred fifty (250)
feet from the boundaries of the
property lines of the site upon
whichbase of the tower is pro
posed to be located. Any pro-
posed free standing tower struc-
ture to be located within public
street right-of-way shall be re-
viewed to ensure minimal adverse
visual effects of the structure
through careful design, siting, and
locating to ensure compatibility
with surrounding uses, and shall
g.
Page 50 of 196
CHAPTER 27
SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
be reviewed to ensure it will not
interfere with existing or antici-
pated future utility or transporta-
tion needs. Co -location of wireless
communication facilities on exist-
ing structures within public street
right-of-way may be reviewed
under minor significance, but will
still be reviewed to ensure mini-
mal adverse visual effects of the
structure through careful design,
siting, and locating to ensure
compatibility with surrounding
uses, and will still be reviewed to
ensure it will not interfere with ex-
isting or anticipated future utility
or transportation needs. The City
Planner may determine any such
facility to be a major significance.
161
7. Abandonment.
a. All approvals for wireless com-
munication facilities shall be in ef-
fect only while the facilities are be-
ing operated on a continual basis.
When the use is replaced or dis-
continued for a period of six
months, the approvals will lapse;
and the operator or property own-
er shall be required to remove the
facility and all associated equip-
ment and restore the property to
its original or otherwise acceptable
condition, subject to the approval
of the City Planner or his/ her de-
signee.
Page 51 of 196
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening
as April 6, 2017 and date of public hearing as April 10, 2017, for the FY 2017 Street Reconstruction Program,
Contract 921, and instruct City Clerk to publish said notice.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department
Engineering
Clerk Office
SUBJECT:
Submitted by:
Summary Statement:
Expenditure Required:
Source of Funds:
Reviewer
Thorson, Eric
Even, LeAnn
Action
Approved
Approved
Date
3/15/2017 - 11:07 AM
3/15/2017 - 2:44 PM
Resolution approving preliminary plans, specifications, form of contract, etc.
and setting date of bid opening as April 6, 2017 and date of public hearing as
April 10, 2017, for the FY 2017 Street Reconstruction Program, Contract 921,
and instruct City Clerk to publish said notice.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
Plans prepared by the City Engineer's Office.
TBD
Local Option Sales Tax Funds
Page 52 of 196
CITY OF WATERLOO
Council Communication
Resolution re -setting date of bid opening as March 30, 2017 and date of public hearing as April 3, 2017 for the
replacement of fuel pump dispensers at the City fuel distribution site and instruct City Clerk to publish said
notice.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department
Public Works Department
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Reviewer
Rice, Mark
Even, LeAnn
Action
Approved
Approved
Date
3/15/2017 - 3:17 PM
3/15/2017 - 3:21 PM
Resolution re -setting date of bid opening as March 30, 2017 and date of
public hearing as April 3, 2017 for the replacement of fuel pump dispensers
at the City fuel distribution site and instruct City Clerk to publish said notice.
Submitted By: Mark Rice, Public Works Director
Recommend Approval
Fuel dispensers at the City operated fuel distribution site are reaching the end
of their lifespan, evidenced by the number of pump failures and pressure
related issues recently experienced. Recommend rep lac ement of dispensers
prior to catastrophic failure which could cripple emergency services
throughout the City and County.
Budgeted: $60,000
413-18-7950-2110
Funds were approved for this project in the Capital Improvement Program.
Page 53 of 196
CITY OF WATERLOO
Council Communication
FY2017 Highland Park Playground Project.
City Council Meeting: 3/20/2017
Prepared: 3/6/2017
REVIEWERS:
Department Reviewer Action Date
Leisure Services Huting, Paul Approved 3/15/2017 - 10:16 AM
Clerk Office Higby, Nancy Approved 3/15/2017 - 11:31 AM
ATTACHMENTS:
Description Type
a Highland Park Playground RFP Cover Memo
❑ Highland Park Playground RFP Addendum #1 Cover Memo
❑ Bid Tab Backup Material
SUBJECT:
Submitted by:
Source of Funds:
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING --No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract,
etc.
Resolution authorizing to proc eed.
Motion to receive, file and instruct the City Clerk to read bids and refer to
Leisure Services Director for review.
Submitted By: Travis Nichols, Facilities/Project Manager Leisure Services
Page 54 of 196
REQUEST FOR PROPOSAL FOR:
FY2017 HIGHLAND PARK PLAYGROUND PROJECT
City of Waterloo, Department of Leisure Services
Waterloo, Iowa
CONTACT PERSON:
Travis Nichols, Facilities/Project Manager
Waterloo Leisure Services
(319) 291-4370
Travis.nichols a�7,waterloo-ia.orq
Page 55 of 196
TABLE OF CONTENTS
Notice to Bidders
Instruction to Bidders
General Conditions
Bid Specifications
Bid Form
Statement of Bidder's Qualifications
Bid Bond
Non -collusion Affidavit of Prime Bidder
Non -collusion Affidavit of Subcontractor
Equal opportunity Clause
Added Attachments:
Section 3 Clause Packet
Davis -Bacon Wage Determination Packet
Federal Labor Standards Provisions HUD Form 4010
Playground Location and Dimensions Drawing
Timber Depth Drawing for Safety Surfacing
Page 56 of 196
CITY OF WATERLOO, IOWA
LEISURE SERVICES COMMISSION
NOTICE OF PUBLIC HEARING
On Proposed Specifications and the
NOTICE TO BIDDERS
FY2017 HIGHLAND PARK PLAYGROUND PROJECT
NON -MANDATORY PRE-BID CONFERENCE
10:00 a.m., March 9, 2017 at Leisure Services, 1101 Campbell Ave. Waterloo, Iowa 50701
RECEIVING OF BIDS
Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall,
Waterloo, Iowa, on March 16, 2017 until 1:00 p.m., for the FY2017 HIGHLAND PARK PLAYGROUND
PROJECT.
OPENING OF BIDS
All proposals received for FY2017 HIGHLAND PARK PLAYGROUND PROJECT will be opened in the First
Floor Conference Room in City Hall, Waterloo, Iowa on Thursday, March 16, 2017 until 1:00 p.m., and the
proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award.
PUBLIC HEARING
Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed
Specifications and Form of Contract for the FY2017 HIGHLAND PARK PLAYGROUOND PROJECT at 5:30
p.m. on Monday, March 20, 2017. The hearing will be held in the Council Chambers in Waterloo City Hall.
The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure
Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person
interested may file written objection with the City Clerk before the date set for the hearing or appear and make
objection at the meeting.
SCOPE OF WORK
The Contractor shall provide labor as specified and all materials necessary for the FY2017 HIGHLAND PARK
PLAYGROUND PROJECT in accordance with these plans and specifications. This is a federally funded
project that is compliant with the Davis -Bacon Act.
CONTRACT PERIOD
The work shall be completed no later than June 15, 2017.
PROPOSALS SUBMITTED
All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission.
Page 57 of 196
BID SECURITY REQUIRED
All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank
chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa
chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum
of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond
will be held as security that the Bidder will enter into a Contract for the construction work and will furnish the
required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the
required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is
used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent
must be supported by accompanying Power of Attorney.
CONTRACT AWARD
The City shall award the Contract to the responsible Bidder(s) whose bid, conforming to the Specifications, is
most advantageous to the City and the Waterloo Leisure Services Commission; price and other factors
considered. The intention is not to award the contract at the time of bid opening, but to award the contract after
review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the
award is made within thirty (30) days after bid opening.
The City reserves the right to waive any and all parts of a specific bid.
BOND
The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after notification of
acceptance of the bid, in an amount equal to one hundred percent (100%) of the contract price. The Bond is to
be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of
the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all
materials and labor and protect and save harmless the City from claims of any kind caused by the operation of
the Contractor.
AFFIRMATIVE ACTION PROGRAM
The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative
Action Program or Update before beginning work on the project, if they have been awarded an aggregate of
$10,000 in City projects during the current calendar year.
METHOD OF PAYMENT TO CONTRACTOR
The Contractor will be paid against monthly estimates of the work completed and work approved by the
Leisure Services staff. Final payment will be made thirty one (31) days after completion of the work and
acceptance by the Waterloo Leisure Services staff. Before final payment is made for said work, vouchers
showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such
materials and labor will be required.
Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the
City Council of said Waterloo, Iowa, on the day of 2017.
City of Waterloo, Iowa,
Kelley Felchle, City Clerk
Page 58 of 196
CITY OF WATERLOO, IOWA
Waterloo Leisure Services
INSTRUCTION TO BIDDERS
I. EXPLANATIONS TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders,
Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to
reach bidders before submission of their bids. Any interpretation made will be in the form of an
amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all
prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the
Proposal Form or by letter or telegram received before the time set for opening of bids. Oral
explanations or instructions given before the award of the contract will not be binding.
II. PROPOSALS SUBMITTED
AH bids must be submitted on forms supplied by the Waterloo Leisure Services. Before
submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and
all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to
the bidding, as to all existing conditions and limitations under which the work is to be performed and
shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth
in the contract documents. No allowance will be made to any bidder because of lack of such
examination or knowledge. The submission of a bid shall be construed as conclusive evidence that
the bidder has made such examination.
The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and
the rules and regulations of all authorities having jurisdiction over the project shall apply to the
Contract throughout and they shall be deemed to be included in the Contract the same as though
herein written out in full.
III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the Notice to
Bidders after the exact time set for closing of bids will not be considered. However, a modification
which is received from an otherwise successful bidder, and which makes the terms of the bid more
favorable to the City, will be considered at any time it is received and may thereafter be accepted.
Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for
closing of bids.
IV. PUBLIC OPENING OF BIDS
Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their
content will be made public for the information of bidders and others interested who may be present
either in person or by representative.
V. COLLUSIVE AGREEMENTS
A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion
Page 59 of 196
Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm,
or corporation in regard to any bid submitted.
B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include
with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not
colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing
any subcontract, the successful bidder shall submit the name of any proposed subcontractor for
approval by the City.
VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM/SUBCONTRACTING
The program proposes numerical projections regarding utilization of Minority Business Enterprise
(MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in
performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10 percent (10%)
for MBE participation on all City funded construction projects that are estimated at $50,000.00 or
more. A goal of at least two percent (2%) for WBE participation on all City funded construction
projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal
funds shall follow the respective agencies contract compliance program and goals. The Prime
contractor shall make "good -faith efforts" to meet the contract Compliance MBE/WBE goals. The
MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably
competitive price for the service being rendered.
For more information contact City of Waterloo Contract Compliance:
Rudy D. Jones, Director
Community Development Board
620 Mulberry Street Suite 202
Waterloo, Iowa 50703
(319) 291-4429
VII. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION 3/ HUD ACT OF 19681
To the greatest extent feasible, suppliers, subcontractors, and low income workers owning
businesses or living in the Waterloo area must be given priority in supplying materials, bidding for
subcontract work, or applying for employment by the contractor on this project. Opportunities for
training and for employment arising in connection with this project shall to the greatest extent feasible
be made available to lower income persons residing in the project area. The Contract area is the City
of Waterloo.
The City of Waterloo will require the contractor to document his efforts in securing lower income
workers living in the project area and in purchasing supplies from, and awarding subcontracts to,
businesses owned by persons residing in the project area. See Section 3 Clause attachment for
more information.
VIII. FEDERAL LABOR STANDARDS PROVISIONS (HUD FORM 4010)
The Project or Program to which the construction work covered by this contract pertains is being
assisted by the United States of America and the following Federal Labor Standards Provisions are
included in this contract pursuant to the provisions applicable to such Federal assistance. For more
information see attached HUD form 4010.
Page 60 of 196
IX. STATEMENT OF BIDDER'S QUALIFICATIONS
Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a
statement of the Bidder's qualifications, his/her experience record in completing the type of project
proposed, and equipment available for the work contemplated; and when requested, a detailed
financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems
necessary to determine the ability of the Bidder to perform obligations under the Contract; and the
Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it
may request. The right is reserved to reject any bid where an investigation of the available evidence
or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out
properly the terms of the Contract.
X. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE
A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for
signature, the successful bidder shall execute and deliver to the City, an agreement in the form
included in the contract documents in such number of copies as the City, may require.
B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful
bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum
not less than the amount of the contract as awarded, as security for the faithful performance of the
contract and the terms and conditions therein contained and shall guarantee the prompt payment of
all persons, firms, or corporations to whom the contractor may become legally indebted for labor,
materials, tools, equipment, or services of any nature including utility and transportation services,
employed or used by him/her in performing the work. The bond shall protect and save harmless the
City and Waterloo Leisure Services from claims and damages of any kind caused by the operations
of the contractor and shall also guarantee the maintenance of the contract improvements for the
period stated in the Notice of Hearing from and after completion of said improvements and their
acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as
that included in the contract documents and shall bear the same date as, or a date subsequent to that
of the agreement. The current Power of Attorney for the person who signs for any surety company
shall be attached to such bond.
C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate
of insurance for approval in amounts of not less than the amounts specified in the General
Conditions. The certificate of insurance shall be furnished in such number of copies as the City of
Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The
contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for
approval before each commences work. The contractor shall carry or require that there be Worker's
Compensation insurance for all his employees and those of his subcontractors engaged in work at
the site, in accordance with State Worker's Compensation Laws.
D. The failure of the successful bidder to execute such agreement and to supply the required bond or
bonds within ten (10) days after the prescribed forms are presented for signature, or within such
extended period as the City, may grant, based upon reasons determined sufficient by the City, may
either award the contract to the next lowest responsible bidder or re -advertise for bids, and may
charge against the bidder the difference between the amount of the bid and the amount for which a
contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds
the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting
bidder shall have no claim against the City or Waterloo Leisure Services for a refund.
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CITY OF WATERLOO, IOWA
Waterloo Leisure Services
GENERAL CONDITIONS
Definitions
Whenever used in any of the Contract Documents, these terms shall be defined as follows:
Contract - means the Contract or Agreement executed by and between the City
Of Waterloo and the Contractor.
Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services.
Contractor - means the person, firm or corporation entering into the Contract with
The City of Waterloo, to construct and install the improvements described in the
Specifications and shown on the Plans or Drawings.
Contract Documents - means and shall include the following: Executed Contract
Or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed
Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or
Drawings.
Superintendence by Contractor
Except where the Contractor is an individual and gives personal superintendence to the work, the
Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure
Services/City of Waterloo, on the work site at all times during working hours with full authority of the
Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite
the work.
The Contractor shall lay out and be responsible for all work executed under this Contract. The
Contractor shall verify all figures and elevations before proceeding with the work and will be held
responsible for any error resulting from failure to do so.
Other Contracts
The City of Waterloo may award or may have awarded other Contracts for additional work, and the
Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with
that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City
of Waterloo. The Contractor shall not commit or permit any act which will interfere with the
performance of work by any other Contractor as scheduled.
Fitting and Coordination of the Work
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the
operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to
guarantee to each Subcontractor the locations and measurements which they may require for the
fitting of their work to all surrounding work.
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Care of Work
The Contractor shall be responsible for all damages to person or property that occur as a result of
negligence in connection with the execution of work and shall be reasonable for the proper care and
protection of all materials delivered and work performed until completion and final acceptance by the
Waterloo Leisure Services.
The Contractor shall provide sufficient security, both day and night, including weekends and holidays,
from the time the work is commenced until final completion and acceptance, except when work being
performed does not require protection. The Contractor shall be responsible for any loss of work,
materials, equipment or time due to acts of any person on the project site. Therefore it is the
responsibility of the Contractor to determine when security is needed.
The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and
utilities except those which are to be replaced or removed. Any damage caused by the Contractor's
operation shall be completely repaired at no expense to the Owner.
General Requirements
The Contractor shall be responsible for being informed as to all existing conditions and limitations
under which the work is to be performed. No extra allowance will be made because of lack of such
examination or knowledge.
The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas
outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no
cost to the Owner.
Trees and shrubs located in or near the project area shall be protected by the Contractor from
damage by workers and construction equipment during time of construction. The City Forester will
determine the extent of protection necessary for the trees.
Permits and Codes
The Contractor shall secure from the appropriate departments of the local government, at no charge,
the required building, electrical, plumbing and heating permits.
The Contractor shall give all notices required by, and comply with all applicable municipal and state
laws, ordinances and codes.
Liability Insurance
The Contractor shall carry liability insurance which shall save the City harmless and protect the public
and any person from injury sustained by the reason of the prosecution of the work or the handling or
storing of materials therefore, and said Contractor shall also carry insurance which shall meet the
requirements of the Iowa Worker's Compensation Law.
Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance
Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance
Page 63 of 196
companies, evidencing that said insurance company or companies have issued liability insurance
policies, effective during the life of the contract, or for a period of at least ten (10) days following the
filing of written notice of cancellation, protecting the public and any person from injuries or damages
sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically
evidence the following forms of insurance protection:
a. Public liability insurance covering all operations performed by persons directly employed by the
Contractor.
b. Public liability insurance covering all operations performed by any subcontractor to whom a
portion of the work may have been assigned.
c. Public liability insurance covering all work upon the project performed by any independent
contractor working under the direction of either the principal contractor or a subcontractor.
d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all
motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or
corporations.
e. The minimum protection shall be as follows:
Comprehensive General Liability
Insurance Bodily Injury (including wrongful death)
Aggregate, Products and Completed Operations
Property Damage
Comp. Auto Bodily Injury
Property Damage
$2,000,000.00 per person
$2,000,000.00
$2,000,000.00 per accident
$2,000,000.00 per person
$2,000,000.00 per occurrence
The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the
amount of $2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A
certificate or a policy, if requested, shall be filed with the Owner.
The City Of Waterloo is Tax Exempt.
All certificates and/or policies of insurance furnished by the Contractor to be filed with the City
Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall
be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or
expiration of the above insurance.
Removal of Debris, Cleaning, Etc.
The Contractor shall periodically, or as directed during the progress of the work, remove and legally
dispose of all surplus excavated material and debris, and keep the project area reasonably clean.
Upon completion of the work the Contractor shall remove all temporary construction facilities, debris
and unused materials provided for the work and put the whole site of the work in a neat and clean
condition.
Page 64 of 196
CITY OF WATERLOO
LEISURE SERVICES COMMISSION
FY2017 HIGHLAND PARK PLAYGROUND PROJECT
SPECIFICATIONS
The Contractor shall perform all work required and furnish all labor, materials, equipment, tools,
transportation and supplies necessary to complete the work at Highland Park, located at the
intersection of Vine Street and Dietrick Street, in accordance with International Building Code and any
applicable code and local ordinances. This is a federally funded project that will require compliance
with the Davis -Bacon Act (safety surface only).
Should any misunderstanding arise as to the intent or meaning of the plans or specifications, the
decision of the City shall be final and conclusive.
SCOPE OF WORK:
Estimated cost should not exceed $45,000.00, which includes 1) a custom designed play area,
delivery to site and installation overseen by representative from manufacturer with the assistance of
volunteers provided by the City of Waterloo, and 2) safety surface to be delivered to site and
installation by certified installer. This proposal is for replacement of existing play structures. Existing
structures and safety surface will be removed by Leisure Services. Existing border timbers will
remain and be modified to be used in your layout and design.
Leisure Services is open to new designs and styles of play systems. We encourage all vendors
to submit up to 3 different designs. The play area shall require the following:
The play system shall include but not be limited to:
1) Engineer designed play area to create play experiences for a wide range of users and
abilities in the same setting
2) Ages 2 to 12 years appropriate
3) Surface Mounted Installation Design
4) Provide Field Supervisor to assist in installation by volunteers provided by City of Waterloo
Safety Surface
1) Pour in Place or Rubber Tile to meet engineer's required fall height (concrete base
provided by the City of Waterloo)
2) Professional Installation by Installer certified by manufacturer.
Structures and surfacing to comply with current:
1) CPSC Guidelines
2) ASTM Requirements
3) ADA Guidelines
4) IPEMA Certified
Existing Play Area Dimensions:
Current play area dimensions are 37' wide x 63' long measured from inside the timber border.
The length can be adjusted to fit designer's measurements. The width cannot be adjusted.
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Clean -Up:
Contractor responsible for all clean-up related to the safety surface installation. All refuse must
be removed for jobsite. City of Waterloo is responsible for play system clean-up.
Guarantee:
The Contractor shall guarantee all material and equipment furnished (play system and safety
surface) and installed by him (safety surface) for a period of one year after final acceptance by
the Leisure Services commission. Should any defects arise as the result of defective materials
in the play system within the guarantee period, the Contractor shall supply replacement parts
at no cost to the City. Should any defects arise as the result of defective materials or
workmanship in the safety surface within the guarantee period, the Contractor shall replace
and repair at no cost to the City.
START DATE
Work must commence within 45 days of signed contract or time determined by Contractor and
Leisure Services.
COMPLETION DATE
All work shall be completed by JUNE 15, 2017
ALL WORK TO MEET ALL CITY OF WATERLOO BUILDING CODES.
The City of Waterloo reserves the right to reject any and/or all bids.
The Contractor is responsible for obtaining permits and the performance of all work according to the
City of Waterloo Codes. Permits will be at no charge.
If you have any questions, please contact Travis Nichols, Facilities/Project Manager, at 291-4370.
Page 66 of 196
BIDDER:
CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
BID FORM
For
FY2017 HIGHLAND PARK PLAYGROUND PROJECT
ADDRESS:
COMPANY NAME
PHONE: ( )
1. The undersigned, being a Corporation existing under the laws of the State of , a
Partnership consisting of the following partners:
having been familiarized with the existing conditions on the project area affecting the cost of the work,
and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo,
Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby
proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools,
equipment, and services, including utility and transportation services required to complete the
proposed FY2017 HIGHLAND PARK PLAYGROUND PROJECT in accordance with the contract
documents and for the total price for work in place for the following amount:
1. Play Area price including supervisor
dollars ($
2. Safety Surface price including installation:
dollars($
TOTAL PRICE 1 & 2 COMBINED:
dollars($
2. In submitting this bid, the Bidder understands that the right is reserved by the City of Waterloo,
Iowa, to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the
undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is
withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and
furnish the required bond and certificate of insurance within ten (10) days after the agreement is
presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued.
3. Security in the sum of dollars ($ )
In the form of , is submitted herewith in accordance with
NOTICE TO BIDDERS.
4 Attached is a Non -Collusion Affidavit of Prime Contractor.
Page 67 of 196
5. The Bidder is prepared to submit a financial and experience statement upon request.
6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $110,000.00 in
work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,
within ten (10) days of notification that the bid submitted is lowest and acceptable.
7. The Bidder has received the following Addendum or Addenda:
Addendum No.
Date: 1 /
/ /
/ /
8. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked
"none" or "NA".
9. The bidder has attached all applicable forms.
10. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities
prior to the Award of Contract due to budgetary limitations.
CONTACT PERSON:
PHONE:
SIGNED:
Please Print
DATE: / /
Page 68 of 196
(To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.)
STATEMENT OF BIDDER'S QUALIFICATIONS
AIf questions shall be answered and the data given must be clear and comprehensive. This
statement must be notarized. If necessary, questions may be answered on separate attached
sheets. The Bidder may submit any additional information desired.
1. Name of Bidder.
2. Permanent main office address.
3. When organized.
4. If a corporation, where incorporated.
5. How many years have you been engaged in the contracting business under your present firm or
trade name?
6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate
anticipated dates of completion.)
7. General character of work performed by your company.
8. Have you ever failed to complete any work awarded to you? If so, where and why?
9. Have you ever defaulted on a contract? If so, where and why?
10. List the more important projects recently completed by your company, stating the approximate
cost for each, and the month and year completed.
11. List your major equipment available for the contract.
12. Experience in construction work similar in importance to the project.
13. Background and experience of the principal members of your organization, including the officers.
14. Credit available: $
15. Give Bank reference:
16. Will you, upon request, fill out a detailed financial statement and furnish any other information that
may be required by the City of Waterloo, Iowa?
17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this
Statement of Bidder's Qualifications.
Page 69 of 196
Dated this day of , 20
Name of Bidder
By:
Title:
State of )
ss
County of )
, being duly sworn
deposes and says that she/he is of
Name of Organization
and that the answers to the foregoing questions and all statements therein contained are true and
correct. Subscribed and sworn to before me this day of , 20
Notary Public
My commission will expire , 20
Page 70 of 196
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal and
As Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal
sum
dollars
($ ) lawful money of the United States, for the payment of which sum will and truly be made,
we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these
presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying
bid dated the day of , 20 , for
NOW, THEREFORE,
a) If said Bid shall be rejected, or in the alternate,
b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and
shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement
created by the acceptance of said Bid,
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of
damages sustained in the event that the Principal fails to execute the contract and provide the bond as
provided in the specifications or by law.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond
shall be in no way impaired or affected by any extension of the time within which the Owner may accept such
Bid or execute such contract; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of
them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be
signed by their proper officers this day of , A.D. 20
(Title)
Witness
(Seal)
Principal
By
(Seal)
Surety
By
Witness Attorney -In -Fact
Page 71 of 196
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of )
County of )
, being first duly sworn, deposes and says that:
He is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the
Bidder that has submitted the attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communication or conference with any
other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,
to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to
secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage
against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including this affiant.
Signature Title
Subscribed and sworn to before me this
Day of , 20_.
Signature Title
My commission expires
Page 72 of 196
COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of
County of )
, being first duly sworn, deposes and says that:
1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of
hereinafter referred to as the "Subcontractor";
2. He is fully informed respecting the preparation and contents of the subcontractor's proposal
submitted by the subcontractor to , contract
pertaining to the FY2017 HIGHLAND PARK PLAYGROUND PROJECT in Waterloo, Black Hawk
County, Iowa;
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a
collusive or sham proposal in connection with such contract or to refrain from submitting a
proposal in connection with such contract, or has in any manner, directly or indirectly, sought by
unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in
said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in
said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful
agreement any advantage against the City of Waterloo, Iowa, or any person interested in the
proposed Contract;
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted
by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of
its agents, representatives, owners, employees, or parties in interest, including this affiant.
Signature Title
Subscribed and sworn to before me this
Day of , 20�
Signature Title
My commission expires
Page 73 of 196
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with the
City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree
as follows:
1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate
against any employee or applicant for employment because of race, color, creed, sex, national
origin, economic status, age, mental or physical handicap, political opinions or affiliations. The
contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to
ensure that applicants are employed and that employees are treated during employment without
regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or
physical disability, political opinions or affiliations. Such actions shall include but not be limited to
the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship.
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or
advertisements for employees, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, national origin, religion, economic status,
age, mental or physical disabilities, political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative
will send to each labor union or representative of workers which he/she has a collective bargaining
agreement or other contract or understanding, a notice advising said labor union or workers'
representative of the contractor's commitment under this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all
published rules, regulations, directives, and order of the City of Waterloo Affirmative Action
Program Contract Compliance Provisions.
5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file
compliance reports within such time and upon such forms as provided by the Affirmative Action
Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of
each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and
supplier will permit access to his/her employment books, records and accounts to the City's
Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this
contract and with rules and regulations of the City's Affirmative Action Program — Contract
Compliance Provisions relative to Resolution No. 24664.
6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of such rules, regulations and orders, this contract may be canceled, terminated or
suspended in whole or in part and the contractor may be declared ineligible for further contracts in
accordance with procedures authorized by the City Council.
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7. The contractor, subcontractor, vendor and supplier of goods and services will include, or
incorporate by reference, the provisions of the non-discrimination clause in every contract,
subcontract or purchase order unless exempted by the rules, regulations or orders of the City's
Affirmative Action Program, and will provide in every subcontract, or purchase order that said
provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in
employment. Any person who applies for employment with our company will not be discriminated
against because of race, creed, color, sex, national origin, economic status, age, mental or
physical disabilities.
Signed:
Appropriate Official
Title
Date
Page 75 of 196
Section 3 Clause
A. The work to be performed under this contract is subject to the requirements of section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative or workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the person(s) taking applications for each of the positions; and the
anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided
in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR
part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,
section 7(b) of the Indian Self -Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
Page 76 of 196
GUIDANCE ON SECTION 3
(Refer to 24 CFR Part 135 for complete information)
WHAT IS SECTION 3?
Section 3 of the Housing and Urban Development Act of 1968 (Section 3), as amended by the Section 915 of
the Housing and Community Development Act of 1992, requires that economic opportunities generated by HUD
financial assistance for housing and community development programs be targeted toward low- and very low-
income persons. In effect, this means:
❑ Whenever HUD assistance generates opportunities for employment or contracting, Public and Indian
Housing Authorities, state and local grantees, and other recipients of HUD housing assistance funds must,
to the greatest extent feasible, provide these opportunities to low- and very low-income persons and to
businesses owned by or employing low- and very low-income persons.
❑ The Section 3 requirements apply to job training, employment, contracting and subcontracting and other
economic opportunities arising from assistance provided for construction, reconstruction, conversion, or
rehabilitation (including lead-based paint hazard reduction and abatement) of housing, other buildings, or
improvements assisted with housing or community development assistance, including HOME.
❑ Section 3 applies to:
projects for which HUD's share of project costs exceeds $200,000; and
contracts and subcontracts awarded on projects for which HUD's share or project costs exceeds
$200,000, and the contract or subcontract exceeds $100,000.
❑ Recipients whose projects do not fall under Section 3 are nonetheless encouraged to comply with the
Section 3 preference requirements.
a Recipients and their contractors and subcontractors must show preferences for giving training and
employment opportunities to low-income persons, to the greatest extent feasible. They should show
priority considerations for hiring low-income persons as follows:
(1) Low-income persons residing in the service area or neighborhood in which the project is located.
(2) Participants in HUD Youthbuild programs.
(3) If project is assisted under the McKinney Act, homeless persons in the project area of the project.
(4) Other Section 3 residents.
Again, the persons hired should be qualified to perform the work required.
❑ Recipients and their contractors and subcontractors must direct their efforts to award Section 3 business
concerns, to the greatest extent feasible, to Section 3 business concems in the following preference order:
(1) Section 3 businesses that operate in the project area.
-2-
Page 77 of 196
(2) Entities that carry out Youthbuild programs.
(3) Other Section 3 business concerns.
The business must be able to demonstrate that it can successfully perform under the terms and conditions
of the proposed contract. In addition, these requirements do not restrict competition to only businesses
meeting one of the priorities, nor do they authorize set -asides.
COMPLIANCE AND RECOROKEEPING
❑ Numerical goals for meeting the greatest extent feasible requirement:
For training and employment opportunities resulting from Section 3 -covered housing assistance, a
commitment to employ 10% of the aggregate number of new hires each year over the duration of the
Section 3 project.
For training and employment opportunities resulting from Section 3 -covered community development
assistance, a commitment to employ 30% of the aggregate number of new hires for a one-year period.
For contracts awarded in connection with Section 3 -covered projects, a commitment to award at least
10% of the total dollar amount of contracts for building trades work and at least 30% of the total dollar
amount of all other Section 3 -covered contracts.
❑ Ali recipients of assistance must:
Amend their employment and procurement policies to comply with Section 3.
▪ Include the Section 3 clause is covered contracts and subcontracts.
- Document their best efforts to comply with Section 3 and their success at hiring low-income persons.
▪ Monitor their own compliance and the compliance of their contractors and subcontractors.
>- Provide annual reports to the Assistant Secretary for Fair Housing and Equal Opportunity as requested.
❑ Recipients must maintain the following records:
>- The good faith efforts made to make low-income persons aware of the positions, and to encourage and
facilitate their application.
The number and dollar value of all contracts awarded to businesses and, in particular, Section 3
businesses during the fiscal year.
'A description of the best efforts made to award contracts to Section 3 businesses.
The mechanisms by which they ensured that contractors and subcontractors complied with the Section
3 preferences for training, employment, and contract awarding.
❑ The Assistant Secretary for Fair Housing and Equal Opportunity will conduct periodic compliance reviews.
-3-
Page 78 of 196
General Decision Number: IA170133 02/03/2017 IA133
Superseded General Decision Number: IA20160133
State: Iowa
Construction Type: Building
County: Black Hawk County in Iowa.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.20 for calendar year 2017 applies to all contracts
subject to the Davis -Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the E0, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.20 (or the applicable wage rate
listed on this wage determination, if it is higher) for all
hours spent performing on the contract in calendar year 2017.
The E0 minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the E0 is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/06/2017
1 02/03/2017
BOIL0083-009 01/01/2016
Rates Fringes
BOILERMAKER $ 35.93 27.98
BRIA0003--006 10/18/2016
Rates Fringes
TILE SETTER $ 32.85 1.90
ELECO288-002 06/01/2015
Rates Fringes
ELECTRICIAN $ 28.06 5.50+8.80
* ELEV0033-002 01/01/2017
Rates Fringes
ELEVATOR MECHANIC $ 42.13 31.585
ENGI0150-048 10/11/2016
Page 79 of 196
Rates Fringes
POWER EQUIPMENT OPERATOR
Backhoe/Excavator/Trackhoe$ 31.90 29.95
Bobcat/Skid Steer/Skid
Loader $ 31.90 29.95
Loader $ 31.90 29.95
Paver- A11 Types $ 31.90 29.95
Roller $ 31.90 29.95
IR0N0089-002 05/01/2016
Rates Fringes
IRONWORKER (Ornamental and
Structural) $ 27.65 17.15
IRON0111---002 05/01/2016
Rates Fringes
IRONWORKER (Reinforcing) $ 30.75 28.69
LABO0309-010 06/01/2016
Rates Fringes
LABORER (Pipelayer) $ 24.63 17.91.
PA1N0447--001 07/01/2016
Rates Fringes
PAINTER (Brush and Roller) $ 22.90 9.60
SFIA0669-002 04/01/2016
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) $ 33.61 18.52
SUTA2016-037 07/19/2016
Rates Fringes
BRICKLAYER $ 24.90 9.60
CARPENTER $ 20.51 8.12
CEMENT MASON/CONCRETE FINISHER$ 20.74 4.16
INSULATOR: Mechanical (Duct,
Pipe and Mechanical System
Insulation) $ 23.28 8.91
LABORER: Common or General $ 14.68 2.51
Page 80 of 196
LABORER: Mason Tender - Brick$ 19.39 8.17
OPERATOR: Bulldozer $ 26.13 13.56
OPERATOR: Crane $ 24.15 8.10
OPERATOR: Forklift $ 22.96 7.49
PAINTER: Spray $ 19.76 9.05
PIPEFITTER, Includes HVAC
Pipe Installation $ 20.95 9.00
PLUMBER $ 25.05 8.97
ROOFER $ 21.92 5.07
SHEET METAL WORKER, Includes
HVAC Duct and Unit
Installation $ 22.95 9.66
WELDERS -- Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis ---Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
Page 81 of 196
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
Page 82 of 196
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be.
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Page 83 of 196
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page 84 of 196
Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (I) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section l(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent In each classification in which
work is performed, The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(li) and the Davis -Bacon poster (WH -
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(11) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (Including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30 -day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140,)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, Including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30 -day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(II)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(Iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
Previous editions are obsolete
form HUD -4010 (0612009)
Page 1 of 5 ref. Handbook 1344.1
Page 85 of 196
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, Including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in Section I(b)(2)(B) of the Davis -bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(€v) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
or program described in Section l(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed In the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week
in which any contract work Is performed a copy of all
payrolls to HUD or its designee If the agency is a party to
the contract, but if the agency Is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH -347 is available for this purpose from
the Wage and Hour Division Web site at
http://Www.dol,aov/esa/whd/forms/wh347instr.htm or Its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records, without weekly submission
to HUD or Its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
Previous editions are obsolete
form HUD -4010 (00/2009)
Page 2 of 5 ref. Handbook 1344,1
Page 86 of 196
(2) That each laborer or mechanic (Including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
Indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(ii)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(ill) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
Individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed In his or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually
registered In the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(11) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the Job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits In accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
Previous editions are obsolete
Page 3 of 5
form HUD -4010 (06/2009)
ref. Handbook 1344.1
Page 87 of 196
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(111) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be In conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
0. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained In
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
Instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (1) Certification of Eligibility. By entering into this
contract the contractor certifies that neither It (nor he or
she) nor any person or firm who has an interest In the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(Il) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(Ili) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of ... influencing in any
way the action of such Administration makes, utters or
publishes any statement knowing the same to be false
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or Instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work In excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours In such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages, Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Previous editions are obsolete
Page 4 of 5
form HUD -4010 (06/2009)
ref. Handbook 1344.1
Page 88 of 196
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided In the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth In
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
Issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in Imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions,
Previous editions are obsolete form HUD -4010 (06/2009)
Page 5 of 5 ref. Handbook 1344.1
Page 89 of 196
HIGHLAND PARK IS LOCATED OFF THE ALLEY THE RUNS PARALLEL TO VINE STREET AND INTERSECTS WITH
DIERICK STREET.
EXISTING PLAYGROUND
HIGHLAND PARK'S EXISTING PLAY AREA'S INSIDE DIMENSIONS: 63' X 31'
THE MINIMUM DIMENSIONS OF DESIGNED PLAY AREA: 31' X 31'
THE MAXIMUM DIMENSIONS OF DESIGNED PLAY AREA: 63' X 31'
31'-63'
31'
Page 90 of 196
HIGHLAND PARK TIMBER DEPTH DRAWING FOR
7 EXISTING
FINISH GRADE
SAFETY SURFACING AND CONCRETE PAD
EXISTING STACKED
TIMBER BORDER
SAFETY SURFACE (THICKNESS DETERMINED BY MANUFACTURER'S ENGINEER)
111111111►1111W11111111i111Wi1YW11111?1iWW111p
loWAWANWAVANWWWWAWOWWWIAVINWIAWAPAMOWINAMMANIOW
COI\ICRETE::PAD:(TH1CK SS::D:ETER:illi:FNE{3::BY:MA t.UFACTLJ E:R'S;ENGINEEf
CONCRETE PAD AND COMPACTED ROADSTONE SUPPLIED AND INSTALLED BY THE CITY
OF WATERLOO
. SAFETY SURFACING SUPPLIED AND INSTALLED PER SPECIFICATIONS BY CONTRACTOR
0
ADDENDUM NO. 1
TO THE
BIDDING DOCUMENTS
FY2017 HIGHLAND PARK PLAYGROUND PROJECT
CITY OF WATERLOO, IOWA
DATE: February 27, 2017
BID OPENING DATE & TIME: March 16, 2017 1:00 P.M., Local Time
TO ALL BIDDERS ON THE ABOVE PROJECT:
All Bidders submitting a bid on the above contract shall carefully read this Addendum and give it
consideration in the preparation of their bid.
TO ALL BIDDERS ON THE ABOVE PROJECT:
Remove current PLAYGROUND LOCATION AND DIMENSIONS DRAWING and
replace with the revised PLAYGROUND LOCATION AND DIMENSIONS DRAWING
dated February 27, 2017.
11. Replace in SPECIFICATIONS section under Existing Play Area Dimension the following
dimensions 64'8" long by 39' wide.
Any revisions to any of the Contract Documents made by this Addendum shall be considered as
the same revision to any and all related areas of the Contract Documents not specifically called out
in this Addendum.
The bidder shall acknowledge receipt of this Addendum by inserting the number and date in the
spaces provided in the Bid Form, Item 7, Page 2 of 2.
Travis Nichols
Facilities/Project Manager
Leisure Services
City of Waterloo, Iowa
Page 1 of 1 Page 92 of 196
UPDATED AND REVISED FEBRUARY 27, 2017
HIGHLAND PARK IS LOCATED OFF THE ALLEY THE RUNS PARALLEL TO VINE STREET AND INTERSECTS WITH
DIERICK STREET.
EXISTING PLAYGROUND
Highland Park
HIGHLAND PARK'S EXISTING PLAY AREA'S INSIDE DIMENSIONS: 64'-8" x 39'
THE MINIMUM DIMENSIONS OF DESIGNED PLAY AREA: 30' x 39'
THE MAXIMUM DIMENSIONS OF DESIGNED PLAY AREA: 64'-8" X 39'
30'_64'8"
39'
Page 93 of 196
FY2017 - HIGHLAND PARK PLAYGROUND PROJECT
Bid Opening: March 16, 2017
Estimate: NTE $45,000
Bid Security Required
Bidder
Bid Security
Bid Amount
Boland Recreation
Marshalltown, IA
Opt. 1- $45,000
Opt. 2 - $45,000
Opt. 3 — No Bid
Fry & Associates
North Kansas City, MO
Opt. 1 - $39,210
Opt 2 - $45,000
Opt 3 - $43,326
Cunningham Recreation
Charlotte, NC
Opt. 1 - $44,921.76
Opt. 2 - $44,934.63
Opt. 3 - $44,855.86
Play Power
Monroe, IA
Opt. 1 - $45,000
Opt. 2 - $45,000
Opt. 3 — No Bid
Page 94 of 196
CITY OF WATERLOO
Council Communication
Replacement of fuel dispensers at City fuel site.
City Council Meeting: 3/20/2017
Prepared: 3/13/2017
REVIEWERS:
Department
Public Works Department
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Reviewer
Rice, Mark
Higby, Nancy
Action
Approved
Approved
Hearing postponed due to timing constraints.
Submitted By: Mark Rice, Public Works Director
Recommend Approval
Date
3/14/2017 - 1:02 AM
3/14/2017 - 9:36 AM
Recommend extension of bid timeline to allow perspective bidders sufficient
time to bid project. Bid opening to be set for March 30, 2017 with public
hearing set for April 3, 2017.
Project budget $60,000
GO Bond Funds
Page 95 of 196
CITY OF WATERLOO
Council Communication
Sale and conveyance of city owned property, located at 1003 Lafayette Street, through the Neighborhood
Stabilization Program, to Iowa Heartland Habitat for Humanity in the amount of 130,000.00.
City Council Meeting: 3/20/2017
Prepared: 3/13/2017
REVIEWERS:
Department Reviewer Action Date
Community Development Jones, Rudy Approved 3/14/2017 - 5:24 PM
Clerk Office Higby, Nancy Approved 3/14/2017 - 5:35 PM
ATTACHMENTS:
Description Type
❑ Photo of 1003 Lafayette Cover Memo
❑ Purchase Agreement Cover Memo
SUBJECT:
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING -No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing sale and conveyance of 1003 Lafayette Street to Iowa
Heartland Habitat for Humanity, in the amount of $130,000, and authorize the
Mayor and City Clerk to execute all necessary documents, and rescinding
Resolution No. 2017-127, originally approved on February 20, 2017.
Submitted by: Submitted By: Rudy D. Jones, Community Development Director
Approval of sale and conveyance and
Recommended Action: Rescind Resolution No. 2017-127
Originally, the City and Habitat envisioned a conveyance by the City directly
to Valdez. The City has approved the essential nature of the transaction
previously. However, Community Development and Habitat now seek to
Summary Statement: modify the structure of the transaction in order to allow Habitat to obtain
Federal Home Loan Bank funds in support of the transaction. The funds will
become available if the City conveys the property to Habitat and then
immediately to Valdez.
Expenditure Required: A forgivable loan will be recorded on the property for closing costs of
$1,000 using Neighborhood Stabilization funds
Source of Funds: Neighborhood Stabilization Program Round 3
The Northwesterly 101 feet of Lots 7 and 10 in Block 24,
except the Northeasterly 35 feet of the Northwesterly 50 feet
Page 96 of 196
Legal Descriptions:
of said Lot 7; all in the Original Plat on the East Side of the
Cedar River in the City of Waterloo, Black Hawk County,
Iowa,
Page 97 of 196
RESIDENTIAL PURCHASE AGREEMENT
TO: The City of Waterloo, Iowa ("SELLER")
FROM: Iowa Heartland Habitat for Humanity ("BUYER")
The undersigned BUYER hereby offers to buy, and the undersigned SELLER by its
acceptance agrees to sell, the real property situated in Black Hawk County, Iowa, locally known
as 1003 Lafayette Street, Waterloo, Iowa 50703, and legally described as:
The Northwesterly 101 feet of Lots 7 and 10 in Block 24, except the Northeasterly 35 feet of
the Northwesterly 50 feet of said Lot 7; all in the Original Plat on the East Side of the Cedar
River in the City of Waterloo, Black Hawk County, Iowa,
together with any easements, zoning restrictions, customary restrictive covenants, and mineral
reservations of record, if any, herein referred to as the "Property," upon the following terms and
conditions:
1. PURCHASE PRICE. The Purchase Price shall be One Hundred Thirty Thousand and
00/100 Dollars ($130,000.00), to be paid as follows: (a) with this offer, to be held in
the Redfern, Mason, Larsen & Moore, P.L.C. Trust Account as earnest money, to be delivered to
SELLER upon performance of SELLER' S obligations hereunder; and (b) the balance in cash at
closing, with adjustment for closing costs to be added or deducted from this amount.
This agreement is subject to BUYER's purchaser, Karina Valdez, obtaining a commitment for
one or more conventional mortgage loan(s) on said Property aggregating up to 100% of the total
purchase price, at an interest rate not to exceed 0% per annum amortized over a period of 30
years from Iowa Heartland Habitat for Humanity under terms consistent with its partner family
program. All costs incurred in securing said mortgage shall be paid by the BUYER unless
otherwise agreed herein. BUYER agrees upon acceptance of this agreement to make application
immediately for such mortgage loan with a lender and to make a good faith effort to obtain a
mortgage commitment and proceed toward closing as provided herein. BUYER shall obtain such
mortgage commitment on or before March 20, 2017. Within this same period, BUYER shall
notify SELLER, in writing, that BUYER has secured said mortgage commitment and that this
contingency is removed. If BUYER, after a good faith effort, has not obtained a written
mortgage commitment and given such written contingency removal notice within this same time
period, this agreement shall be voidable at BUYER'S option.
2. REAL ESTATE TAXES.
A. SELLER shall pay all real estate taxes that are due and payable as of the date of
possession and which constitute a lien against the Property, including any unpaid real estate
taxes for any prior years.
B. SELLER shall pay its prorated share, based upon the date of possession, of the real estate
taxes for the fiscal year in which possession is given (commencing July 1, 2016, and ending June
30, 2017) due and payable in the subsequent fiscal year (commencing July 1, 2017). BUYER
shall be given a credit for such proration at closing based upon the actual net real estate taxes that
will be payable for such period according to public record. However, if such taxes are based
Page 1 of 5
Page 99 of 196
upon a partial assessment of the present property improvements or a changed tax classification as
of the date of possession, such proration shall be based on the current millage rate, the assessed
value, legislative tax rollbacks, and real estate tax exemptions that will actually be applicable as
shown by the Assessor's Records on the date of possession.
C. BUYER shall pay all subsequent real estate taxes.
3. SPECIAL ASSESSMENTS. SELLER shall pay in full at time of closing all special
assessments which are a lien on the Property as of the date of acceptance. BUYER shall pay all
other special assessments or installments not payable by SELLER. All charges for solid waste
removal, sewage, and maintenance that are attributable to SELLER'S possession, including those
for which assessments arise after closing, shall be paid by SELLER. BUYER shall pay all other
special assessments.
4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the
Property prior to closing or possession, whichever first occurs. SELLER agrees to maintain
existing insurance, and BUYER may purchase additional insurance. In the event of substantial
damage or destruction prior to closing, this Agreement shall be null and void; provided,
however, BUYER shall have the option to complete the closing and receive insurance proceeds
regardless of the extent of damages. The Property shall be deemed substantially damaged or
destroyed if it cannot be restored to its present condition on or before the closing date.
5. POSSESSION AND CLOSING. If BUYER timely performs all obligations, possession of
the Property shall be delivered and closing shall take place on or before April 7, 2017. Any
adjustments of insurance, interest, and all charges attributable to the SELLER'S possession shall
be made as of the date of possession. This transaction shall be considered closed upon the
delivery of the title transfer documents to BUYER and receipt of all funds then due at closing
from BUYER under the Agreement.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are
specifically adapted to or are a part of the real estate, whether attached or detached, such as:
attached wall-to-wall carpeting, built-in appliances, light fixtures (including light bulbs), water
softeners (except rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm
windows, storm doors, screens, television antennas (including satellite dishes), air conditioning
equipment (except window type), door chimes, automatic garage door openers, electrical service
cables, attached mirrors, fencing, gates, attached shelving, bushes, trees, shrubs, and plants.
7. CONDITION OF PROPERTY.
A. The Property as of the date of this Agreement, including buildings, grounds, and all
improvements, will be preserved by the SELLER in its present condition until possession,
ordinary wear and tear excepted.
B. Within ten (10) days after the final acceptance date of this agreement, BUYER may, at
BUYER' S sole expense, have the property inspected by a person(s) of BUYER' S choice to
identify any structural, mechanical, plumbing, electrical, pest infestation, environmental
concerns or other deficiency(ies). Within this same period, the BUYER may notify the SELLER
in writing of any deficiency the BUYER wants remedied. Failure to do so shall be deemed a
waiver of the BUYER' S inspection. In the event of any request by BUYER as a result of
Page 2 of 5
Page 100 of 196
inspections, SELLER shall within three (3) business days after said notification (date of
notification does not count) notify the BUYER in writing which steps, if any, SELLER will take
to remedy any deficiency before closing. The BUYER shall within three (3) business days (date
of notification does not count) notify the SELLER in writing that (1) such steps are acceptable,
in which case this agreement, so modified, shall be binding upon all parties; or (2) that such steps
are not acceptable, in which case this agreement shall be null and void, and any earnest money
shall be returned to BUYER. Failure by either SELLER or BUYER to give the notification
within the three (3) business days as stated above, shall render this agreement null and void, and
any earnest money shall be returned to BUYER.
8. ABSTRACT AND TITLE. SELLER, at its expense, promptly shall obtain an abstract of
title to the Property continued through the date of acceptance of this Agreement and shall deliver
it to BUYER'S attorney for examination. It shall show merchantable title in SELLER in
conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar
Association. The SELLER shall make every reasonable effort to promptly perfect title. If closing
is delayed due to SELLER'S inability to provide marketable title, this Agreement shall continue
in force and effect until either party rescinds the Agreement after giving ten days written notice
to the other party. The abstract shall become the property of BUYER when the purchase price is
paid in full. SELLER shall pay the costs of any additional abstracting and title work due to any
act or omission of SELLER.
9. SURVEY. BUYER may, at BUYER'S expense prior to closing, have the Property
surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on
the Property or if any improvements located on the Property encroach on lands of others, the
encroachments shall be treated as a title defect. If the survey is required under Chapter 354,
SELLER shall pay the cost thereof.
10. ENVIRONMENTAL MATTERS. SELLER warrants to the best of its knowledge and
belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or
substances, or underground storage tanks located on the Property; the Property does not contain
levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation
under current governmental standards; and SELLER has done nothing to contaminate the
Property with hazardous wastes or substances. SELLER warrants that the Property is not subject
to any local, state, or federal judicial or administrative action, investigation, or order, as the case
may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or
underground storage tanks. SELLER shall also provide BUYER with a properly executed
GROUNDWATER HAZARD STATEMENT showing no private burial sites, solid waste
disposal sites, hazardous waste, or underground storage tanks on the Property.
11. DEED. Upon payment of the purchase price, SELLER shall convey the Property to
BUYER by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as
provided in this Agreement. General warranties of title shall extend to the time of delivery of the
deed excepting liens or encumbrances suffered or permitted by BUYER.
12. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
Page 3 of 5
Page 101 of 196
13. REMEDIES OF THE PARTIES.
A. If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in
the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLER'S option,
upon thirty days written notice of intention to accelerate the payment of the entire balance
because of BUYER'S default (during which thirty days the default is not corrected), SELLER
may declare the entire balance immediately due and payable. Thereafter this Agreement may be
foreclosed in equity and the Court may appoint a receiver.
B. If SELLER fails to timely perform this Agreement, BUYER has the right to have all
payments made returned to them.
C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at
law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment
for costs and attorney fees actually incurred in any way related to this Agreement and any
representations, whether required by law or otherwise, related to the Property. The right to
recover costs and attorney fees under this provision shall survive closing.
14. NOTICE. Any notice under this Agreement shall be in writing and be deemed served
when it is delivered by personal delivery or by certified mail return receipt requested, addressed
to the parties at their respective addresses given below.
15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall
be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such
rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind
the successors in interest of the parties. This Agreement shall survive the closing. This
Agreement contains the entire agreement of the parties and shall not be amended except by a
written instrument duly signed by SELLER and BUYER. Paragraph headings are for
convenience of reference and shall not limit or affect the meaning of this Agreement. Words and
phrases herein shall be construed as in the singular or plural number, and as masculine, feminine,
or neuter gender according to the context.
16. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. SELLER represents and
warrants to BUYER that there are no known private sewage disposal systems on the property.
17. REPRESENTATION.
A. Neither party has used the service of a real estate agent or broker in connection with this
transaction.
B. The parties acknowledge and agree that the firm of Redfern, Mason, Larsen & Moore,
P.L.C. (the "Firm") has drafted this Agreement at the request of the parties. Neither the BUYER
nor the SELLER has been represented by the Firm in this matter, and both parties have had the
opportunity to obtain independent legal counsel at their option.
18. OTHER PROVISIONS.
A. Washer, dryer, refrigerator, stove, microwave, and water softener shall be included at no
additional value.
Page 4 of 5
Page 102 of 196
19. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not
accepted and delivered to BUYER on or before 5:00 p.m. local time on Friday, February 3, 2017,
this Agreement shall be null and void. If accepted by SELLER at a later date and acceptance is
satisfied in writing, then this contract shall be valid and binding.
SELLER
City of Waterloo, Iowa
By:
Its:
Date:
Its:
Date:
BUYER
Karina Valdez
Date:
Page 5 of 5
Page 103 of 196
CITY OF WATERLOO
Council Communication
FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 3/15/2017 - 9:57 AM
Clerk Office Higby, Nancy Approved 3/15/2017 - 10:14 AM
ATTACHMENTS:
Description Type
D Bid Tab Backup Material
SUBJECT:
Submitted by:
Expenditure Required:
Source of Funds:
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of plans, specifications, form of contract,
etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids and refer to
City Engineer for review.
Submitted By: Jeff Bales, Associate Engineer
TBD
GO Bonds
Black Hawk Gaming Funds
Page 104 of 196
FY17 4TH STREET BRIDGE CANOPY REPAIRS
CONTRACT 910
Bid Opening: March 16, 2017
Engineer's Estimate:
$1,381,717.00 Base
$1,730,117.00 Base + Alt 1
$1,546,517.00 Base + Alt 2
Bidder
Bid Security
Bid Amount
Base: $1,287,268
Boulder Contracting
5%
+Alt 1: $1,531,148
Grundy Center, IA
+Alt 2: $1,450,768
Base: $1,277,313
Minturn, Inc.
5%
+Alt 1: $1,491,713
Brooklyn, IA
+Alt 2: $1,398,691
Base: $1,297,229.05
Peterson Contractors, Inc.
5%
+Alt 1: $1,560,673.05
Reinbeck, IA
+Alt 2: $1,493,221.05
Base: $1,413,513
Cardinal Construction, Inc.
5%
+Alt 1: $1,782,281
Waterloo, IA
+Alt 2: $1,680,811
Page 105 of 196
CITY OF WATERLOO
Council Communication
Resolution approving the naming of a private street serving 1027 E 4th Street as "Roby Lane".
City Council Meeting: 3/20/2017
Prepared: 3/14/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
ATTACHMENTS:
Description
D Naming of Private Street Roby Lane
D Aerial Photo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Background Information:
Action
Approved
Approved
Type
Cover Memo
Backup Material
Date
3/15/2017 - 9:57 AM
3/15/2017 - 2:40 PM
Resolution approving the naming of a private street serving 1027 E 4th Street
as "Roby Lane".
Submitted By: Aric Schroeder, City Planner
approval
The Engineering Department has reviewed the naming of the private street
north of and adjacent to the new True Value Hardware Store located at 1027
E. 4th Street and are recommending approval. The owners of the property
would like to honor the site developer, Roosevelt Roby, Jr.
none
n/a
The location of the private street is generally described as being north of and
adjacent to 1027 E. 4th Street. The location is more particularly described as
being located in vacated Saxon Street right-of-way, within Parcel No. 8913-
24-159-009. See attached for a letter from the City Engineer and an Exhibit
"A" diagram of the proposed street naming
Page 106 of 196
CITY OF WATERLOO, IOWA
WATERLOO ENGINEERING DEPARTMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262
City Engineer • email: city.engineer@waterloo-ia.org
February 23, 2017
Aric Schroeder, City Planner
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
RE: NAMING PRIVATE STREET ROBY LANE
Dear Aric:
The Engineering Department has reviewed the naming of a certain private street, north and
adjacent to the new True Value Hardware Store, located at 1027 E. 4t" Street. The owners
would like to honor the site developer, Roosevelt Roby, Jr.
Private Roby Lane Location Description
The location of this private street is generally described as being north of and adjacent to 1027
E. 4th Street. The location is more particularly described as being located in the vacated Saxon
Street right-of-way. Parcel Number 8913-24-159-009. See attached Exhibit A
The Engineering Department recommends that this private street, Roby Lane, be approved.
Sincerely,
Eric Thorson, PE
City Engineer
Cc: Steve Walker, Draftsman
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Page 107 of 196
1015-1027
EI4TH ST
891324164001
891324164002
0
1005 E 4TH STS
0 891324164003=
NO -
1■
n
CITY OF WATERLOO
Council Communication
Resolution approving submission of a grant application to the HUD office of Lead Hazard Control and Healthy
Homes, for a 3 -year grant in the amount of $2,719,813, with matching CDBG Funds of $224,818.
City Council Meeting: 3/20/2017
Prepared: 3/17/2017
REVIEWERS:
Department Reviewer Action Date
Community Development Even, LeAnn Approved 3/17/2017 - 12:01 PM
SUBJECT:
Resolution approving submission of a grant application to the HUD office of
Lead Hazard Control and Healthy Homes, for a 3 -year grant in the amount of
$2,719,813, with matching CDBG Funds of $224,818.
Submitted by: Submitted By: Rudy D. Jones, Community Development Director
Recommended Action: Approve application submission.
Summary Statement:
Expenditure Required:
This funding would be used to remove lead paint hazards from eligible
housing units, provide training, and fund outreach and education activities
for lead paint hazard awareness.
If we are awarded the grant, $224,818 of CDBG funds would be allocated as
matching funds. The use of CDBG funds for match has been approved by
the Community Development Board.
Source of Funds: $224,818 CDBG.
Background Information:
We would partner with the Black Hawk County Health Department and
Waterloo Fire Rescue to complete the grant benchmarks. We have been
awarded three previous Lead Grants since 2003.
Page 109 of 196
CITY OF WATERLOO
Council Communication
Resolution accepting a grant from the Black Hawk County Gaming Association in the amount of $500,000 for
the Waterloo Boathouse Enhancements project, with $496,737 in matching funds from the City of Waterloo.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department
Leisure Services
ATTACHMENTS:
Description
❑ BHCGA Contract
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Background Information:
Reviewer
Even, LeAnn
Action
Approved
Type
Cover Memo
Date
3/15/2017 - 3:33 PM
Resolution accepting a grant from the Black Hawk County Gaming
Association in the amount of $500,000 for the Waterloo Boathouse
Enhancements project, with $496,737 in matching funds from the City of
Waterloo.
Submitted By: Paul Huting, Leisure Services Director
This contract is for a $500,000 grant from BHCGA directed toward a
$996,737 project to improve the area surrounding the Waterloo Boathouse.
This contract is for a $500,000 grant from BHCGA directed toward a
$996,737 project to improve the area surrounding the Waterloo Boathouse.
$496,737 match is required.
Matching funds are available including a $200,000 Reap Grant, CIP bonds,
and FEMA reimbursement funds.
This funding will allow for the improvement of parking and landscaping
surrounding the boathouse and in the boat launch area.
Page 110 of 196
Waterloo Leisure Services
42-6005327
319-291-4370
1101 Campbell
Waterloo, IA 50701 Black Hawk
® If your organization information does not appear correct, please contact the funder. Thank
you.
Request Documents 0
h an wit[OFields_ ~asterisk (*) are required.
v Question Group
Project Title*
Waterloo Boathouse Enhancements
Amount Awarded
500000.00
Total Project Budget
996,,737
Page 111 of 196
Follow Up - Grant Lifecycle Manager Page 2 of 3
Upon acceptance of this grant the grantee agrees to the
following:
GENERAL PROVISIONS*
Funds granted by the Black Hawk County Gaming Association shall be used by the grantee within
12 months of the official public announcement, unless otherwise specified or agreed to at the time
of the grant award, or by subsequent action of the Black Hawk County Gaming Association.
Projects must be started and completed on time and completed as presented. Failure to do so may
be cause for the Board to suspend future payments and demand refund of payments rendered. A
request for an extension must be submitted to the Black Hawk County Gaming Association in
writing prior to the expiration date specifying valid reasons.
Q I agree to the above
USE OF FUNDS*
This award is to be used exclusively for the purposes sp cified in the grant, which may
represent all, or any of the projects(J specified in the grant application. It is further agreed
that should the grant proieci: be altered subsequent to the award, including but not limited to
content, description, total prof ct cost or percentage the award amount represents of the
total cost, the grantee shall promptly notify he Black. Hawk County Gaming Association. The
Board may change the award amount depending upon the circumstances presented.
0 I agree to the above
GRANTEE ACKNOWLEDGEMENT*
The Grantee will acknowledge the contribution of Black Hawk County Gaming Association to the
program or project wherever and whenever appropriate. This will include, but not be limited to news
releases, construction signage, plaques for project sites, decals, brochure or programs, etc. (For
example: This program project made possible by funds contributed by the Black Hawk County
Gaming Association). Please submit copies of these acknowledgements to the Black Hawk County
Gaming Association—for more information please refer to the Publicity Guide
0 I agree to the above
TAX STATUS*
The grantee shall be a public entity or 501c3 tax exempt entity at the time of the award.
0 I agree to the above
PAYMENT OF GRANT AWARD*
To receive payment, documentation of the expenditure of the funds, acceptable to Black Hawk
County Gaming Association must be submitted. If the grant is for capital or other purchased
services, invoices or signed accepted bids/contracts, acceptable to Black Hawk County Gaming
Association must be submitted to obtain payment. If the grant covers consultant and or/contracted
services, submit a statement, acceptable to Black Hawk County Gaming Association, verifying that
the services were provided and itemize the expense incurred. The billing must be signed by an
authorized agent of the organization and contain the grant number listed above.
n 1 aaree to the above
Page 112of196
https: //www. grantinterface. com/Request/Submission/FollowUp?request=267245 8&submis... 3/15/2017
Follow Up - Grant Lifecycle Manager Page 3 of 3
SPECIAL CONDITIONS
Billing must be submitted to Black Hawk County Gaming Association within 60 days of the
completion of the 12 month grant period or sooner if the grant funds have been spent. Please send
requests for payment which must include vendor invoice(s) or contract(s) signed by both parties to:
325 Cedar Street, Suite 300A
Waterloo, IA 50701
Ne 1,000 characters left of 1,000
Special Conditions Agreement*
The above special conditions are required in order to receive payment and shall become part of this
agreement.
0 I have read and agree to the above special conditions
GRANTEE ELECTRONIC SIGNATURE*
GRANTEE SIGNATURE DATE*
Save Follow Up
Submit Follow Up
Page 113 of 196
https: //www. grantinterface. com/Request/S ubmission/FollowUp?request=267245 8&submis... 3/15/2017
CITY OF WATERLOO
Council Communication
Resolution approving Construction Plans for Sanitary Sewer, Storm Sewer, and Paving Project, serving the
Audubon Hills First Addition Phase 1, and Sewage Treatment Agreement, DNR Form 28A (Sept 2010), and the
final acceptance of construction plans, and authorize Mayor and City Clerk to execute said documents.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 3/15/2017 - 10:21 AM
Clerk Office Even, LeAnn Approved 3/15/2017 - 2:38 PM
SUBJECT:
Submitted by:
Summary Statement:
Resolution approving Construction Plans for Sanitary Sewer, Storm Sewer,
and Paving Project, serving the Audubon Hills First Addition Phase 1, and
Sewage Treatment Agreement, DNR Form 28A (Sept 2010), and the final
acceptance of construction plans, and authorize Mayor and City Clerk to
execute said documents.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
Documents are available for review in the City Clerk's Office.
Page 114 of 196
CITY OF WATERLOO
Council Communication
Resolution approving Memorandum of Understanding with Black Hawk County Board of Supervisors and the
City of Waterloo for a Lucas CPR machine.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department Reviewer Action Date
Fire Rescue Treloar, Pat Approved 3/15/2017 - 4:06 PM
Clerk Office Even, LeAnn Approved 3/15/2017 - 4:27 PM
ATTACHMENTS:
Description Type
❑ MOU with Supervisors Cover Memo
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Resolution approving Memorandum of Understanding with Black Hawk
County Board of Supervisors and the City of Waterloo for a Lucas CPR
machine.
Submitted By:Pat Treloar, Chief of Fire Services
Approve
The Iowa Department of Public Health (IDPH) selected six EMS transport
services to receive a Lucas Device System (LDS). Waterloo Fire Rescue
has been awarded one LDS. There is no cost to the City of Waterloo. We
are required to send two personnel to training on the device. We expect the
training to be conducted here in Waterloo. See attachment for further details.
Page 115 of 196
Black Hawk County Board of Supervisors
Linda L. Laylin Tom Little Frank Magsamen Chris Schwartz Craig White
833-3076 833-3075 833-3077 833-3074 833-3078
Susan Deaton
Finance Director
Amanda Fesenmeyer
Administrative Aide
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
BLACK HAWK COUNTY BOARD OF SUPERVISORS
AND THE
CITY OF WATERLOO
This Agreement is made and entered into by and between Black Hawk County Board of Supervisors,
hereinafter called the County, and the City of Waterloo, hereinafter called the City.
The undersigned City agrees to comply with the attached Memorandum of Understanding for the Lucas
Assistive Device provided by the County to the Waterloo Fire Rescue Station #3 to advance care in
patients who suffer from Sudden Cardiac Arrest.
City of Waterloo Black Hawk County Board of Supervisors
BY BY
Quentin Hart, Mayor Frank Magsamen, Chair
DATE DATE
316 E. 5th Street • Room 203 • Waterloo, Iowa 50703 • Phone: 319-833-3003 • Fax: 319-833-3070
■ Email supervisors@co.black-hawk.ia.us
www.co.black-hawk.ia.us
Page 116 of 196
Iowa Department of Public Health
JIDPH Promoting and Protecting the Health of Iowans,
Gerd W. Clabaugh, MPA Terry E. Branstad Kim Reynolds
Director Governor Lt. Governor
MEMORANDUM OF UNDERSTANDING
MOU - 2018 — HADO7
BETWEEN THE
IOWA DEPARTMENT OF PUBLIC HEALTH
AND
BLACK HAWK COUNTY BOARD OF SUPERVISORS
This Agreement is made and entered into by and between Black Hawk County board of Supervisors, hereinafter
called the CONTRACTOR and the Iowa Department of Public Health, hereinafter called the DEPARTMENT.
PURPOSE: It is the mutual desire of the CONTRACTOR and the DEPARTMENT to advance emergency cardiac
care in patients who suffer from Sudden Cardiac Arrest (SCA) by providing Lucas assistive devices to select
emergency medical services and hospitals throughout the State of Iowa to advance care by providing assist
devices to perform CPR when cardiac arrest patients present or are encountered.
The term of this Agreement shall be July 1, 2017 to June 30, 2020
I. Contract Administrators
Ken Sharp, Director, Division of ADPER & EH is the Authorized State Official for this agreement. The
Authorized State Official must approve any changes in the terms, conditions, or amounts specified in this
contract. Negotiations concerning this contract should be referred to this person at telephone (515) 281-
5099 or kenneth.sharp@idph.iowa.gov
Frank Magsamen has been designated by the CONTRACTOR to act as the Contract Administrator. This
individual is responsible for financial and administrative matters of this contract. Negotiations
concerning this contract should be referred to:
Name
Frank Magsamen
Business Name
Black Hawk County Board of Supervisors
Street Address
316 E 5th St
City, State, Zip
Waterloo, Iowa 50703
Telephone Number
319-833-3077
E-mail address
fmagsamen@co.black-hawk.ia.us
II. The DEPARTMENT agrees:
A. To provide training to CONTRACTOR designated emergency medical transport service representatives
on the Lucas Device Systems (LDS).
Lucas State Office Building, 321 E. 12th Street, Des Moines, IA 50319-0075 ■ 515-281-7689 • www.idph.iowa.gov
DEAF RELAY (Hearing or Speech Impaired) 711 or 1-800-735-2942
Page 117of196
B. Provide CONTRACTOR designated emergency medical transport services with six (6) LDS. Each
system will include the following: Lucas 3 device with back plate, rechargeable battery, carrying case,
two patient straps, one stabilization strap, two suction cups, one spare rechargeable battery, instructions
for use, one-year warranty (provided by Physio Control) and Lucas 3 power supply with cord.
III. The CONTRACTOR agrees to:
A. Require TWO (2, no more, no less) members from each of the designated emergency medical transport
services (see table below) awarded the LDS to register and attend an LDS training session provided by
the DEPARTMENT.
B. Acknowledge that the LDS will be issued directly to the Emergency Medical Service after LDS training is
completed.
C. Notify the department of any transfer of this equipment within 10 days of the transfer throughout the life
of this agreement. The LDS can only be transferred to an EMS service that had received department
approved training and is authorized to transport patients in Iowa.
D. Report the use of this device through required data reporting system as required in Iowa Code Chapter
147A and IAC 641-132.8(3) q.
Contractor Desienated EMS Transport Services
Name of Service
Address of Service
Service Director
Waterloo Fire Rescue Station #3
425 East 3rd, Waterloo, IA 50703
Barbara McBride
La Porte City Fire/Rescue
300 Locust St, La Porte City, IA
50651
TJ Davidson
Hudson Volunteer Ambulance
200 Waterloo Road, Hudson, IA
50643
Louie Adams
Wheaton Franciscan Healthcare
Paramedic Service
3421 W 9th St, Waterloo, IA 50702
Jo Dee Knox RN
Dunkerton Ambulance Service
991 Jon Road, Dunkerton, IA
50626
Lynne Stout
Evansdale Fire Rescue
911 S Evans RD, Evansdale, IA
50707
Ryan Phillips
W. Contractual Conditions
The Department's contract general conditions effective July 1, 2016 will apply to the contract. These
general conditions are posted on the IDPH Internet site under Funding Opportunities:
www.idph.state.ia.us.
Section 4 item b of the General Conditions will be modified to read. Title of the equipment will
immediately transfer to the contractor upon receipt of the equipment. The Contractor must receive
written approval from the Department before disposing of any equipment during the contract period.
IN WITNESS WHEREOF the parties have signed their names effective the day and year first above written.
Black Hawk County Board of Supervisors Iowa Department of Public Health
BY BY
Frank Magsamen Ken Sharp, Director
Black Hawk County Board of Supervisors Division of ADPER & EH
DATE DATE
Page 118 of 196
CITY OF WATERLOO
Council Communication
Resolution supporting the establishment of the "prevailing wage" or union wage on City of Waterloo funded
construction projects.
City Council Meeting: 3/20/2017
Prepared: 3/14/2017
REVIEWERS:
Department Reviewer Action Date
Water Works Felchle, Kelley Approved 3/14/2017 - 8:01 PM
ATTACHMENTS:
Description Type
D Resolution as proposed. Backup Material
SUBJECT:
Resolution supporting the establishment of the "prevailing wage" or union
wage on City of Waterloo funded construction projects.
Submitted by: Submitted By: Tom Lind, Councilperson At Large
Recommended Action: Approval.
Summary Statement:
The City of Waterloo shall require the Davis -Bacon and Related Acts shall
apply to the contractors and subcontractors performing on city funded or
assisted contracts in excess o62,000 for the construction, alteration, or
repair (including painting and decorating) of public buildings or public
works.
Page 119 of 196
RESOLUTION SUPPORTING THE ESTABLISHMENT OF THE "PREVAILING WAGE" OR
UNION WAGE ON CITY OF WATERLOO FUNDED CONSTRUCTION PROJECTS
WHEREAS, The City Council of Waterloo, Iowa is on record of supporting our employees and
union bargaining units which represent our employees, and
WHEREAS, The City Council of Waterloo, Iowa values our union employees and our union
member private citizens,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WATERLOO, IOWA, that
the City of Waterloo shall require the Davis -Bacon and Related Acts shall apply to the
contractors and subcontractors performing on city funded or assisted contracts in excess of
$2,000 for the construction, alteration, or repair (including painting and decorating) of public
buildings or public works.
Page 120 of 196
CITY OF WATERLOO
Council Communication
An Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 4 - Plumbing Regulations and
Chapter 5 - Heating, Air Conditioning and Ventilation and the 2007 City of Waterloo Code of Ordinances
Chapter 3 - Electrical Code.
City Council Meeting: 3/20/2017
Prepared: 3/1/2017
REVIEWERS:
Department
Building Department
Reviewer
Even, LeAnn
ATTACHMENTS:
Description
D Plumbing Ordinance
D Plumbing ordinance attachments
D Electrical Code
D HVAC Code
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Action
Approved
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
Date
3/1/2017 - 3:06 PM
An Ordinance amending the 2007 City of Waterloo Code of Ordinances
Chapter 4 - Plumbing Regulations and Chapter 5 - Heating, Air Conditioning
and Ventilation and the 2007 City of Waterloo Code of Ordinances Chapter 3
- Electrical Code.
Motion to receive, file and consider for the first time an ordinance amending
the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing
Chapter 4 -Plumbing Regulations and Chapter 5 -Heating, Air Conditioning
and Ventilation in their entirety and enacting in lieu thereof a new Chapter 4 -
Plumbing Regulations and Chapter 5 -Electrical Code and amending the 2007
Code of Ordinances of the City of Waterloo, Iowa by Repealing Chapter 3-
Electrical
-
Electrical Code in its entirety and enacting in lieu thereof a new Chapter 3.
Motion to suspend the rules.
Motion to consider and pass for the second and third time and adopt the
ordinance.
Submitted By: Noel Anderson, Community Planning & Development
Director
Approval of ordinance changes to the Plumbing Code, Electrical Code and
Mechanical Code.
All mechanical boards have met and made changes to their ordinances as
needed.
No expenditure required.
Page 121 of 196
ORDINANCE NO. 4995
AN ORDINANCE AMENDING THE 2007 2010 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING CHAPTER 4, PLUMBING REGULATIONS;
ARTICLE A, PLUMBING CODE; ARTICLE B,
PLUMBING BOARD FOR LICENSING AND APPEALS;
AND ARTICLE C., PLUMBING CONTRACTORS, OF
CHAPTER 5, PLUMBING REGULATIONS, OF TITLE 9,
BUILDING REGULATIONS; AND ENACTING IN LIEU
THEREOF NEW CHAPTER 4, PLUMBING REGULATIONS;
ARTICLE A, PLUMBING CODE; ARTICLE B,
PLUMBING BOARD FOR LICENSING AND APPEALS;
AND ARTICLE C., PLUMBING CONTRACTORS, OF
CHAPTER 5, PLUMBING REGULATIONS, OF TITLE
9, BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Chapter 4, Plumbing regulations; Article A, Plumbing Code;
Article B, Plumbing Board for Licensing and Appeals; and Article
C., Plumbing Contractors, of Chapter 4, Plumbing Regulations, of
Title 9, Building Regulations, of the 1998 2010Code of Ordinances
of the City of Waterloo, Iowa, are hereby repealed in their
entirety; that a new Chapter 4, Plumbing regulations; Article A,
Plumbing Code; Article B, Plumbing Board for Licensing and
Appeals; and Article C., Plumbing Contractors, of Chapter 4,
Plumbing Regulations, of Title 9, Building Regulations, of the
2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby
enacted in lieu thereof as follows:
CHAPTER 4
PLUMBING REGULATIONS
9-4-1: TITLE: This chapter shall be known as the WATERLOO
PLUMBING CODE and may be so cited and may be referred to
hereinafter as "the code" or "this code".
9-4-2: APPLICATION AND SCOPE: The provisions of this chapter
shall include and apply to all plumbing work, plumbing
installations and plumbing equipment hereinafter installed,
constructed, altered, serviced or repaired in, for or about any
new, remodeled or relocated building or structure in the city.
9-4-3: PLUMBING INSPECTOR:
A. Appointment: The plumbing inspector shall be appointed by
the mayor and city council after being tested by the civil
service commission and upon recommendation by the building
official, and shall work under the direction of the
building official.
B. Qualifications:
experience; shall possess a certificate of competency
issued by the city or must submit to an examination of
competency administered by the city board of plumbing
examiners; shall possess a valid driver's license;
shall possess such executive ability and requisite for
the performance of required duties; shall have
thorough knowledge of the standard materials and
methods used in the installation and maintenance of
plumbing equipment; shall be well versed in improved
methods of construction for safety to persons and
property, the statutes of the state relating to
sanitation and plumbing and any orders, rules and
regulations issued by authority thereof and in the
Uniform Plumbing Code.
2. The plumbing inspector shall hold a current journeyman
plumber's license with the city and shall be required
to pass an examination for journeyman prior to
appointment.
C. Powers And Duties:
1. The plumbing inspector is empowered to inspect any and
all buildings or structures, public or private, and
to, as herein provided, condemn and order removed or
remodeled and put into proper and safe condition all
plumbing and plumbing related items for the protection
of the public health, safety and welfare.
2. The plumbing inspector shall have power under the
direction of the building official to exercise
judgment in a reasonable and proper manner and rule
accordingly on all special cases in regard to matters
in this chapter or not specifically covered thereby.
3. The plumbing inspector shall keep records of sewer
connections from city main(s) to the property line and
from the property line to each building connected to
city services.
4. The building fficial Plumbing Inspector shall be the
code and administrative authority for the
administration of the plumbing code of the city.
D. Right Of Entry: Whenever necessary to make an inspection to
enforce any of the provisions of this plumbing code, or
whenever the plumbing inspector or authorized
representative has reasonable cause to believe that there
exists in any building or upon any premises, any condition
which makes such building or premises unsafe, the plumbing
inspector or authorized representative may enter such
building or premises at all reasonable times to inspect the
same or to perform any duty imposed upon by this chapter,
provided that if such building or premises be occupied,
they shall first present proper credentials and demand
Pntrv• and if c11rili 1 rli nn nr r rPmi cPc hP iinnnn-Irni, thPv
premises and request entry. If such entry is refused, the
plumbing inspector or their authorized representative shall
have recourse to every remedy by law to secure entry.
E. Unlawful Activities: It shall be unlawful for the plumbing
inspector to engage in the business of the sales,
installation or maintenance of plumbing equipment, either
directly or indirectly, and the inspector shall have no
financial interest in any concern engaged in such business
in the city, at any time while holding office as herein
provided for.
9-4-4: DEFECTIVE WORK; UNSANITARY CONDITIONS: Whenever it shall
come to the knowledge of the plumbing inspector that the
plumbing in a building causes a nuisance or may cause disease,
sickness, or otherwise becomes a hazard to health, it shall be
the duty of said inspector to make an inspection of such
plumbing and render a report to the proper party, setting forth
the necessary repairs or alterations required to make such
plumbing conform to this chapter. The inspector shall set a
limit of time in which such repairs or alterations are to be
made, and upon the refusal or neglect of the owner, agent,
lessee or tenant to comply with said notice within the time
stated, the plumbing inspector shall cause such repairs or
alterations to be made and such nuisance abated and the expense
of such work shall be taxed against such property and become a
prior lien thereon; or the inspector may order the premises
vacated and closed to further occupancy until such time as the
required repairs or alterations have been made.
9-4-5: MAINTENANCE AND REPAIRS OF DOUBLE OR MULTIPLE HOUSE SEWER
CONNECTIONS:
A. When it shall become necessary to make any repairs or to
make any replacements or in the event of any cost of
maintenance of a double or multiple house sewer between the
main sewer and the lot line from which such multiple
connections are extended, the owner of each structure,
residence or building served by such double or multiple
house sewer shall pay their proportionate share of the
expenses of such repair, replacement or maintenance cost.
Such double or multiple sewer shall be construed to mean
from the branch opening where the individual sewers enter
the double or multiple house sewer to the point of
connection at the city sewer.
B. In the event the owner of each structure, residence or
building served by such double or multiple house sewer
shall fail to maintain or repair the same or to make any
replacements in the same and to pay their proportionate
share of expense incident thereto, the city shall have the
power to order said replacements, repairs or maintenance,
as the case may be, and the actual cost thereof shall be
assessed against such property by certifying to the county
auditor for collection as other special taxes.
private building sewer, water service, private sewage disposal
plant or private water system or have connections, extensions,
replacements, removals or additions of any nature to the
sanitary plumbing or water supply system or disconnection of any
fixture or change in the plumbing system before notifying the
plumbing inspector or his assistant and securing a permit or
authority to proceed with the work.
9-4-7: INSTALLATION BY OWNER: In cases where the owner/occupant
desires to do plumbing work in the owner's own residence, he
saner shall appcar bcf rc the plumbing inspect r and sh w
c mpctcncy in thc installati ns f plumbing systems. Up n such
sh wing f c mpctcncy and appr val and payment f required fees,
a plumbing permit shall bc issued. said owner shall make payment
of required fees and a plumbing permit shall be issued. Said
permit authorizes the owner only to do plumbing work in the
dwelling or unit owned and occupied by said owner without
licensing, certificate of insurance or help from other than
family members. Said person performs all labor in connection
therewith, has the necessary inspections made and complies with
chapter requirements.
9-4-8: NOTIFICATION FOR INSPECTION:
A. It shall be the duty of the permit holder to notify the
inspector that his work is ready for inspection or test.
All inspections require twenty four (24) hours' notice.
B. It shall be the duty of the permit holder to make sure the
work will stand the test prescribed before giving
notification.
C. If the inspector finds that the work will not stand a
required test, or corrections are required, the plumber
shall be required to notify the inspector when the
necessary corrections are complete for reinspection. If
corrections are still required, the plumber shall make
corrections, notify the inspector for reinspection and pay
a reinspection fee.
D. If the inspector fails to appear within twenty four (24)
hours, during normal working hours, of the time set for
each inspection or test, the inspection or test shall be
deemed to have been made; but the plumber doing the work
shall be required to file an affidavit with the plumbing
inspector that the work was installed in accordance with
the ordinance and permit, and that it was free from defects
and that the required test had been made and the system was
found free from leaks.
9 4 9: CHANCE IN USE OF PLUMBING SYSTEM: Whcn a building r
p rti n thcrc f is c nvcrtcd r rcm dcicd f r a use
classificati n r ccupancy which is different fr m thc riginal
use f r which thc plumbing system was designed, said existing
system shall bc cxp scd as necessary f r a c mprchensivc
,-, , ,-. ,,,*4,, ,-, -, ,-, .a , h -, 1 l 1,,,
f -4 /"..
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is addcd. The above 9-4-9 has been omitted and the following
replaces it.
9-4-9: APPLICABILITY TO EXISTING BUILDINGS: If an existing
building is damaged by fire or otherwise or altered in a manner
to require the replacement of fifty percent (50%) or more of the
structure as determined by the authority having jurisdiction,
the entire building shall conform to this chapter's requirements
for new buildings.
ARTICLE A. PLUMBING CODE
9-4A-1: UNIFORM PLUMBING CODE ADOPTED: Except as hereinafter
added to, deleted, modified or amended, there is hereby adopted
as the plumbing code of the city, that certain plumbing code
known as Uniform Plumbing Code,2010 2015 Edition, and any
further regulations or requirements of the state plumbing code,
and the provisions of said plumbing code shall be controlling in
the construction and maintenance of plumbing and in all other
matters covered by said plumbing code within the city.
9-4A-2: AMENDMENTS:
Section 102.3 of the Uniform Plumbing Code is amended by adding
Section 102.3.3 as follows:
102.3.3 Municipal Infraction.
102.3.3.1 Any person, firm or corporation failing to
comply with or violating any of the terms or
provisions of this ordinance shall be deemed guilty of
a municipal infraction and upon conviction thereof, be
punished accordingly.
102.3.3.2 If any plumbing work, including construction
or repair, is performed within the city contrary to
the provisions of this ordinance, it shall be deemed a
municipal infraction and in addition to penalties
described, shall be corrected in accordance with this
ordinance.
102.3.3.3 The omission or failure to perform any act
or duty required by this ordinance or the performing
of any act which is prohibited or declared to be
unlawful by this ordinance, an offense or a municipal
infraction pursuant to this ordinance or the Uniform
Plumbing Code, is punishable by a fine of up to two
hundred dollars ($200.00) for the first offense and up
to four hundred dollars ($400.00) for each subsequent
offense.
Section 103.4, Fees, is hereby repealed in its entirety; a new
Section 103.4, Fees, is hereby enacted in lieu thereof as
follows:
103.4: FEES: All plumbing permit and inspection fees
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103.4.2.3 Fcc Schcdulc. Scc tablc 1 P
Section 305, Sewers Required, is amended by adding the following
subsection thereto:
305.4. Public systems available. A public water supply
system and/or public sewer system shall be deemed available
to premises if such premises are within two hundred (200)
feet, measured along a street, alley or easement, of the
public water supply or sewer system and a connection
conforming to the standards set forth in this code shall be
made thereto.
Section 603.3.16 602.4.1 Yard Hydrants to furnish water for
human consumption are prohibited, unless it is an approved
fixture. (Iowa)
Section 603.3, Specific Requirements, is hereby amended by
adding the following subsections:
603.3.17 603.5.21 Cross Connection Control -Containment
Provisions. The purpose is to safeguard potable water supplies
by preventing backflow into public water systems.
603.3.17.1 603.5.21.1 Definitions. The following definitions
shall apply to Section 603.3.17 of the Waterloo plumbing code.
For the purpose of this Section, these definitions supersede
definitions given elsewhere in this code.
1. Administrative Authority. For the purpose of this section,
the administrative authority shall be the Waterloo Water
Works and plumbing division of the City of Waterloo Building
Inspection Department.
2. Approved backflow prevention assembly for containment. A
backflow prevention assembly which is listed by the
University of Southern California -Foundation for Cross
Connection Control and Hydraulic Research as having met the
requirements of ANSI-AWWA Standard C510-89, "Double Check
Valve Backflow -Prevention Assemblies", or ANSI-AWWA Standard
C511-89, "Reduced -Pressure Principle Backflow -Prevention
Assemblies" for containment. The listing shall include the
limitations of use based on the degree of hazard. The
backflow prevention assembly must also be listed by the
International Association of Plumbing and Mechanical
Officials.
3. Approved backflow prevention assembly for containment in a
fire protection system. A backflow prevention assembly to be
used in a fire protection system which meets the requirements
of Factory Mutual Research Corporation (FM) and Underwriters
Laboratory (UL), and the requirement of the fire code and the
building code of the city, in addition to the requirements of
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they meet the requirements of the fire code and the building
code of the city.
4. Auxiliary water supply. Any water supply on or available to
the premises other than the water purveyor's approved public
water supply such as, but not limited to, a private well,
pond or river.
5. Containment. A method of backflow prevention which requires
the installation of a backflow prevention assembly at the
water service entrance.
6. Cross connection. Any actual or potential connection or
arrangement, physical or otherwise, between a potable water
supply system and any plumbing fixture or tank, receptacle,
equipment or device, through which it may be possible for
non -potable, used, unclean, polluted and contaminated water,
or other substance, to enter into any part of such potable
water system under any condition.
7. Customer. The owner, operator or occupant of a building or
property which has a water service from a public water
system, or the owner or operator of a private water system
which has a water service from a public water system.
8. Degree of hazard. The rating of a cross connection or water
service which indicates if it has the potential to cause
contamination or pollution.
9. Double check valve backflow prevention assembly. A backflow
prevention device consisting of two independently acting
internally loaded check valves, four properly located test
cocks, and two isolation valves.
10. High hazard cross connection. A high hazard cross connection
is a cross connection which may cause an impairment of the
quality of the potable water by creating an actual hazard to
the public health, through poisoning or through the spread of
disease by sewage, industrial fluids or waste.
11. Isolation. A method of backflow prevention in which a
backflow prevention assembly is located at the cross
connection rather than at the water service entrance.
12. Low hazard cross connection. A low hazard cross connection
is a cross connection which may cause an impairment of the
quality of potable water to a degree which does adversely and
unreasonably affect the aesthetic qualities of such potable
waters for domestic use.
13. Multiple -family residential units. A multiple family
residential unit shall mean a building designed to be used as
residential occupancy for multiple -family units, each having
separate plumbing facilities and not more than two levels of
occupancy.
water system of the City of Waterloo which are extended to
the customer's property and into the customer's building for
service to the customer, regulatory control of which is
defined in the city plumbing code and Waterloo Water Works
regulations.
15. Reduced pressure principle backflow prevention assembly. A
backflow prevention device consisting of two independently
acting internally loaded check valves, a differential
pressure relief valve, four properly located test cocks and
two isolation valves.
16. Registered backflow prevention assembly tester. A person who
is registered by law to test or repair backflow prevention
assemblies and report on the condition of those assemblies.
17. Thermal expansion. Volumetric increase of water due to
heating resulting in increased pressure in a closed system.
18. Water service. Depending on the context, water service is
the physical connection between a public water system and a
customer's building, property or private water system, or the
act of providing potable water to a customer.
603.3.17.2 603.5.21.2 Administrative Authority.
1. For the purpose of Section 603.3.17 603.5.21.2 of the
Waterloo plumbing code only, the administrative authority
shall be the Waterloo Water Works and plumbing division of
the City of Waterloo Building Inspection Department.
2. The administrative authority shall have the right to enter,
with the consent of the customer, or upon the basis of a
suitable warrant issued by a court of appropriate
jurisdiction, any property to inspect for possible cross
connections.
3. The administrative authority may approve training programs
for backflow prevention assembly testers and register
backflow prevention assembly testers who successfully
complete an approved training program.
4. The administrative authority may collect fees for the
administration of this program. Fees shall be established by
resolution of the Waterloo City Council.
6 3.3.17.3 603.5.21.3 New Water Service.
1. Plans shall be submitted to the administrative authority to
review on all new water services to determine size and degree
of hazard.
2. The administrative authority shall determine if any type of
backflow prevention assembly is required for containment
based on the degree of hazard.
assembly for containment before the initiation of water
service.
603.3.17.4 603.5.21.4 Existing Water Services.
1. Upgrades of existing water services shall be treated as new
water services for the purpose of this section.
2. The administrative authority shall publish and make available
to each customer a copy of the standards used to determine
the degree of hazard.
3. After publication of the standards, the administrative
authority shall notify customers whose premises are
classified as single family residential or multiple family
residential, having five units or less and not more than two
levels of occupancy, of the provisions of this ordinance and
compliance therewith.
4. Within six (6) months after publication of the standards,
customers whose premises are not classified as single family
residential shall complete and return to the administrative
authority a cross connection hazard survey to be used to
determine the type of containment device.
5. The administrative authority shall, on the basis of
information received from customers or gathered through on -
premises investigations or surveys, notify the customer that
a method of backflow prevention is required. The customer
shall prepare a written plan for review and approval by the
administrative authority to install a device or devices for
containment and/or isolation based on the degree of hazard.
6. Within the time frame specified in writing by the
administrative authority, the customer shall install a
backflow prevention assembly as approved by the
administrative authority.
7. For existing water services, the administrative authority may
inspect the premises to determine the degree of hazard. When
the high hazard cross connections are found, the
administrative authority shall, at its sole discretion:
7.1 develop a schedule of compliance which the customer shall
follow or
7.2 terminate the water service until a backflow prevention
assembly for containment required by the administrative
authority has been installed.
8. Failure of the administrative authority to notify a customer
that they are believed to have a high hazard cross connection
and that they shall install backflow prevention assemblies
for containment in no way relieves a customer of the
responsibility to comply with all requirements of this
cPrtinn
1. The customer shall be responsible for ensuring that no cross
connections exist without approved backflow protection within
his or her premises starting at the point of service from the
public potable water system.
2. The customer shall, at his or her own expense, cause
installation, operation, testing and maintenance of the
backflow prevention assemblies required by the administrative
authority.
3. The customer shall ensure the administrative authority is
provided with copies of records of the installation and of
all tests and repairs made to the backflow prevention
assembly on the approved form within fifteen (15) days after
testing and/or repairs are completed.
4. In the event of a backflow incident, the customer shall
immediately notify the local water supplier, the Waterloo
Water Works.
603.3.17.6 603.5.21.6 Required Backflow Prevention Assemblies
for Containment - Water Services.
1. An air gap or an approved reduce pressure principle backflow
prevention assembly is required for water services having one
or more cross connections which the administrative authority
classifies as high hazard.
2. An approved double check valve assembly is required for water
services having no high hazard cross connections but having
one or more cross connections which the administrative
authority has classified as low hazard.
3. Every water service which is required to install a backflow
prevention assembly at point of entry will be required to
follow Section 608.3 603.4 of the Uniform Plumbing Code at
time of installation.
4. Exception. Residential - Single family dwelling to be done
by isolation unless specified by administrative authority.
603.3.17.7 603.5.21.7 Required Backflow Prevention Assemblies
for Containment - Fire Protection Systems.
1. A reduced pressure principle backflow prevention assembly
shall be installed on all new and existing fire protection
systems which the administrative authority determines to have
any of the following.
1.1 Direct connections from public water mains with an auxiliary
water supply on or available to the premises for pumper
connection.
1.2 Interconnections with auxiliary supplies such as reservoirs,
rivers, ponds, wells, mills or other industrial water
1.3 Use of antifreezes or other additives in the fire protection
system.
1.4 Combined industrial or domestic with high hazard and fire
protection systems supplied from the public water mains only,
with or without gravity storage or pump suction tanks.
1.5 Any other facility, connection or condition which may cause
contamination.
2. A double check valve assembly shall be required for all other
fire protection systems. The double check valve shall be
required on all new systems at the time of installation and
on existing systems at the time that they are upgraded.
3. Submittal of proposed backflow prevention devices to the
administrative authority does not relieve the designer or
sprinkler contractor of the responsibility of submitting
plans, including backflow prevention devices, to the Fire
Marshal for approval.
603.3.17.8 603.5.21.8 Registration of Backflow Prevention
Assembly Tester. A backflow prevention assembly tester
registered by the State of Iowa shall include his or her
registration number on all correspondence and forms required by
or associated with this ordinance.
603.3.17.9 603.5.21.9 Registered Backflow Prevention Assembly
Tester Noncompliance.
1. The registration of a tester may be revoked or suspended for
a period of up to two years for noncompliance with this
ordinance.
2. Any of the following conditions constitute noncompliance:
2.1 Improper testing or repair or backflow prevention
assemblies.
2.2 Improper reporting of the results of testing or of repairs
made to backflow prevention assemblies.
2.3 Failure to meet registration requirements.
2.4 Related unethical practices.
603.3.17.10 603.5.21.10 Installation of Backflow Prevention
Assemblies.
1. Installation of backflow prevention assemblies shall be made
by a licensed and bonded plumbing contractor of the City of
Waterloo with proper permits.
2. The required backflow prevention assemblies for containment
shall be installed in horizontal plumbing immediately
following the meter or as close to that location as deemed
practical by the administrative authority. In any case, it
cha 1 1 hP 1 r ratPrl 11r1ctri m from anw branrh rmi rmi nn
system from containment or pollution between the backflow
prevention assembly and the water main.
3. Reduced pressure principle backflow prevention assemblies
shall be installed so as to be protected from flooding.
4. Reduced pressure principle backflow prevention assemblies
shall not be installed in underground vaults or pits.
5. All backflow prevention assemblies shall be protected from
freezing. Those devices used for seasonal services may be
removed in lieu of being protected from freezing; however,
the devices must be reinstalled and tested by a registered
backflow prevention assembly tester prior to service being
reactivated.
6. If hot water is used within the water system, thermal
expansion shall be provided for when installing a backflow
prevention assembly for containment.
7. Provisions shall be made to convey the discharge of water
from reduced pressure principle backflow prevention
assemblies to a suitable drain.
8. No backflow prevention assemblies shall be installed in a
place where it would create a safety hazard, such as but not
limited to over an electrical panel or above ceiling level.
9. If interruption of water service during testing and repair of
backflow prevention assemblies for containment is
unacceptable to the customer, another backflow prevention
assembly, sized to handle the temporary water flow need
during the time of test or repair, should be installed in
parallel piping.
10. All backflow prevention assemblies shall be installed so that
they are accessible for testing as stated in Section 603.17
of the Uniform Plumbing Code.
11. All shut-off valves conform with the current edition of the
Manual of Cross Connection Control (University of Southern
California) requirements for either ball or resilient seat
gate valves at the time of installation. Ball valves shall
be used on assemblies installed in piping two inches and
smaller and resilient seat gate valves on assemblies
installed in piping larger than two inches.
603.3.17.11 603.5.21.11 Testing of Backflow Prevention
Assemblies.
1. Testing of backflow prevention assemblies shall be performed
by a registered backflow prevention assembly tester. The
costs of tests required in the following Paragraphs 2 through
5 shall be borne by the customer.
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3. Backflow prevention assemblies which are in place, but have
been out of operation for more than three months, shall be
tested before being put back into operation. Backflow
prevention assemblies used in seasonal applications shall be
tested before being put into operation each season.
4. Any backflow prevention assembly which fails a periodic test
shall be repaired or replaced. When water service has been
terminated for noncompliance, the backflow prevention
assembly shall be repaired or replaced prior to the
resumption of water service. Backflow prevention assemblies
shall be retested by a registered backflow prevention
assembly tester immediately after repair or replacement.
5. The administrative authority may require backflow prevention
assemblies to be tested at any time in addition to the annual
testing requirement.
6. The registered backflow prevention assembly tester shall
report the successful test of a backflow prevention assembly
to the customer and to the administrative authority on the
form provided by the administrative authority within fifteen
(15) days of the test.
7. The administrative authority may require, at its own cost,
additional tests of individual backflow prevention assemblies
as it shall deem necessary to verify test procedures and
results.
603.3.17.12 603.5.21.12 Repair of Backflow Preventions
Assemblies.
1. All repairs to backflow prevention assemblies shall be
performed by registered backflow prevention assembly testers.
2. The registered backflow prevention assembly tester shall not
change the design, material or operational characteristics of
a backflow prevention assembly during repair or maintenance
and shall use only original manufacturer replacements parts.
3. The registered backflow prevention assembly tester shall
report the repair of a backflow prevention assembly to the
customer and to the administrative authority on the form
provided by the administrative authority within fifteen (15)
days of the repair. The report shall include the list of
materials or replacement parts used.
4. Any time fire services are discontinued for a period of time
longer than necessary to test the device, the tester is
required to notify the Fire Marshal's office that the fire
services are shut off for repairs.
603.3.17.13 603.5.21.13 Customer Noncompliance. The water
service may be discontinued in the case of noncompliance with
Section 603.3.17 of the Waterloo plumbing code. Noncompliance
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1. Refusal to allow the administrative authority access to the
property to inspect for cross connections.
2. Removal of a backflow prevention assembly which has been
required by the administrative authority.
3. Bypassing of a backflow prevention assembly which has been
required by the administrative authority.
4. Providing inadequate backflow prevention when cross
connections exist.
5. Failure to install a backflow assembly which has been
required by the administrative authority.
6. Failure to test and/or properly repair a backflow prevention
assembly as required by the administrative authority.
Sections 604.1 and 604.2 of section 604, Materials, are hereby
repealed in their entirety; new sections 604.2 through 604.8 are
hereby enacted in lieu thereof as follows:
604.1 Materials for water service piping shall be of lead-free
brass, copper, cast ir n ductile iron, stainlcss stccl, n n
mctallic plastic watcr scrvicc pipc PE r PEX or other materials
approved by the administrative authority. All materials used in
water supply systems except valves and similar devices shall be
of like material, except when otherwise approved by
administrative authority. Copper tube, when used underground,
shall have a weight of not less than copper water tube type K.
604.1.1 Joints and fittings for underground water service piping
can must be flarcd, lead-free compression or threaded brass
braiscd. Fittings must meet A.W.W.A. (American Water Works
Association) and Waterloo Water Works standards. All fittings
shall maintain an effective grounding path from the meter to the
main. Rubber compression fittings will not be allowed.
604.2 604.1.2 Materials for water distribution, pipes and tubing
shall be of lead-free brass, copper, cast ir n ductile iron,
stainless steel or PEX water pipe. PEX water pipe, tubing and
fittings, manufactured to recognized standards may be used for
hot and cold water distribution systems within a building. All
materials used in the water supply system, except valves and
similar devices shall be of a like material, except where
otherwise approved by the Administrative Authority. Copper tube
used underground shall have a weight of not less than copper
water tube type K and aboveground shall be a weight of not less
than copper water tube type L.
604.3 604.1.3 Approved PEX water pipe may be used in water
distribution piping except where existing metallic water
distribution piping is used for electrical grounding purposes,
replacement piping therefore shall be of metallic and PEX will
not be allowed.
Exception: Where a grounding system, acceptable to the
Administrative Authority is installed, inspected and approved,
metallic pipe may be replaced with approved PEX pipe.
604.4 604.1.4 PEX. Cross-linked polyethylene (PEX) tubing shall
be marked with the appropriate standard designation(s) listed in
Table 14-1 for which the tubing has been listed or approved.
PEX tubing shall be installed in compliance with the provisions
of this section.
604.5 604.1.5 PEX Fittings. Metal Insert Fittings and Metal
Compression Fittings used with PEX tubing shall be manufactured
to and marked in accordance with the standards for the fittings
in Table 14-1.
604.6 604.1.6 Water Heater Connections. PEX tubing shall not be
installed within the first eighteen (18) inches (457 mm) of
piping connected to a water heater.
604.7 604.1.7 Licensed installers, employed by licensed plumbing
contractors, shall be appropriately certified by the
manufacturer or other approved training agency prior to
commencing any PEX tubing installation.
604.8 604.1.8 Notification shall be given to plumbing inspector
of intent to use PEX tubing prior to installation. Notification
shall include property owner, address and certified installer.
Sections 701.0, Materials, is hereby amended as follows:
701.0 Materials.
701.1.4 701.2.4 Copper tube for underground drainage
and vent piping shall have a weight of not less than
that of copper drainage tube type L.
701.1.5 701.2.4.1 Copper tube for aboveground drainage
and vent shall be of a weight not less than type M.
Section 715 is hereby amended as follows:
715.1 The building sewer, beginning two (2) feet from any
building or structure, shall be schedule 40 PVC, PVC SDR
23.5, cast iron soil pipe, vitrified clay tile, truss pipe,
concrete pipe or copper tube not less than type "L" hard
temper.
Section 717, Size of Building Sewers, is hereby amended by
adding the last sentence thereto as follows:
717.0 Size of Building Sewers. The minimum size of any
building sewer shall be determined on the basis of the
total number of fixture units drained by such sewer, in
accordance with Table 7-8. No building sewer shall be
smaller than the building drain. Minimum size of a building
cPwPr is fni1r (Al inrhPc
Section 904, Size of Vents, is amended by adding subsection
904.3 as follows:
904.3 Main vent shall be minimum of three inches (3").
Section 906, Vent Termination, is hereby amended by repealing
subsection 906.7, Frost or Snow Closure, in its entirety; and by
enacting in lieu thereof a new subsection 906.7, Frost or Snow
Closure, as follows:
906.7 Frost or Snow Closure. Where frost or snow closure
is likely to occur, vent terminals shall be minimum three
inches (3") in diameter but in no case smaller than the
required pipe. The change in diameter shall be made inside
the building at least one (1) foot below the roof and
terminate not less than 12 inches above roof.
Section 1007, Trap Seal Protection, is amended by adding the
following sentence thereto:
1007.0 Trap Seal Protection ... All automatic floor drain
primers or trap seal valves are prohibited.
Section 1008, Industrial Interceptors (Clarifiers) and
Separators, of UPC, is hereby repealed in its entirety; that a
new section 1008, Industrial Interceptors (Clarifiers) and
Separators, is hereby enacted in lieu thereof as follows:
1008.0 Industrial Interceptors (Clarifiers) and Separators.
1008.1 Drainage from commercial garages,
stations, dry cleaning establishments,
plants, and other industries
used, is likely to contain
shall therefore be intercepted before discharging
city sewer. The interceptor shall have a
sufficient
where oils
inflammable
gasoline filling
oil extraction
or solvents are
compound, which
into the
capacity
to separate the oil, grease, or other
inflammable compound and shall be so located and
constructed to prevent fire or explosion. Drainage from
commercial garages and oil stations where automobile wash
racks are installed is also likely to contain mud and sand,
which shall be separated from the wastes before discharging
into the city sanitary sewer. Hence, the interceptor for
these wastes shall afford sufficient capacity for both
separating the oils and grease by flotation and the sand
and mud by settling.
1008.2 Where the wastes do not contain sand, mud or other
solid material and inflammable compounds only are to be
separated, the interceptor shall have a minimum capacity of
15 cubic feet with a minimum effective depth of 3 feet; and
shall be provided with a vent and manhole with tightly
fitting cover.
1008.3 For drainage from commercial garages or other places
TahPrP TA7 PC arP 1 i 1rP1 v to rnnta i n canrl m11H nr nthPr
with a minimum effective depth of 3 feet, shall be provided
and a vent and manhole with tightly fitting cover shall be
installed.
1008.4 All interceptors shall be cleaned periodically.
1008.5 Interceptors shall be built of poured concrete with
floors and walls not less than 5 inches thick. Covers shall
be of poured, reinforced concrete not less than 5 inches
thick.
1008.6 Subsections 1008.1 through 1008.5 of this section
shall apply except for manufactured or prefabricated
concrete interceptors that comply with approved applicable
standards. See "Exhibit A. Commercial Mud Trap"39.
1008.7 For details, see diagram marked "Exhibit B. Mud Trap
or Inflammable Waste Interceptors"l.
Sccti n 1012, Crcasc Intcrccpt rs f r C mmcrcial Kitchcns, is
amcndcd by adding thc f 11 wing subsccti ns:
1012.1 Any liccnscd f d cstablishmcnt shall install and
maintain an utsidc intcrccpt r and shall havc all kitchcn
cquipmcnt dischargc thr ugh such intcrccpt r. The drawing
marked "Exhibit C. Commercial Kitchen Grease Interceptor"
is the recommended method of installing an outside
interceptor.
1012.2 Thcsc intcrccpt rs shall bc n t lcss than tw
c mpartmcnts with fittings dcsigncd f r grcasc rctcnti n.
Thc inlct, utict and c mpartmcnt fitting shall bc f thc
clb w typc dcsign with thc vcrtical lcad cxtcnding t
within 12 inchcs f thc intcrccpt r fl r. Thc fitting
shall n t bc lcss than 4 inchcs r thc sizc f thc building
scwcr whichcvcr is grcatcr.
1012.3 Thc vcnt pcning ab vc thc fittings shall all w thc
intcrccpt r and scwcr t vcnt back t
thus n vcnt is rcquircd n thc
intcrccpt r. A cican ut is rcquircd
utsidc thc tank.
thc building vcnts,
utict cnd f thc
n thc utict linc,
Section 1014 1017.3, Residential Garage Interceptor,
added as follows:
is hereby
1014.0 1017.3 Residential Garage Interceptor. If a drain is
installed in a residential garage, an interceptor shall be
required. See "Exhibit D. Residential Garage
Interceptor"4.9-.
ARTICLE B. PLUMBING BOARD FOR LICENSING AND APPEALS
9-4B-1: BOARD ESTABLISHED; COMPOSITION:
A-Pctahlichmnt
(lf Rnarrl ThPrP i c hPrPh\7 1 i chPr1 a
1. To act as a board of appeals as provided in the
Waterloo plumbing code.
2. To periodically review the provisions of the Waterloo
plumbing code and make recommendations to the city
council for improving and updating said document.
B. Composition Of Board: The board shall consist of five (5)
members, all of whose place of business, residence, or work
is located in the city. All members shall be qualified by
experience and training to pass judgment upon matters
pertaining to the installation of plumbing. The membership
shall be as follows: two (2) licensed master plumbers, one
licensed journeyman plumber, one registered professional
mechanical engineer, and one member at large, with no one
company or interest being represented by more than one
member of the board. The city plumbing inspector or their
designee shall act as secretary to the board.
9-4B-2: APPOINTMENT; TERMS:
A. Appointment: The mayor with the approval of the city
council shall appoint the members of the plumbing board for
licensing and appeals.
B. Terms: After the initial appointment to the board, the
terms of the members shall be for three (3) years except
that the initial terms shall be so arranged and staggered
that the terms of no more than two (2) members shall expire
on December 31 of any one year. A vacancy within any term
shall be filled by appointment of the mayor with the
approval of the city council for the unexpired portion of
that term only. Each member can serve a total of two (2)
three-year terms.
C. Compensation: The members of the board shall serve without
compensation.
D. Organization: The board shall designate a member as chair
and shall adopt reasonable rules for conducting its
investigations and proceedings, and shall render all
decisions and findings in writing to the building official
with a duplicate copy to the appellant and may recommend to
the city council new legislation as is consistent
therewith.
9-4B-3: QUORUM: Three (3) members of the board shall constitute
a quorum for the transaction of business, provided that a
decision on a matter relating to a specific license shall not be
valid unless decided in the presence of a board member who holds
a similar valid license. Any vote taken for the purpose of
suspending or revoking a contractor's license shall require a
majority vote of all members of the board.
9-4B-4: DUTIES: The plumbing board for appeal shall receive
applications for appeals based on a claim that the true intent
of hh i s rnr1P ha7TP -Inn i nrnrrPr h 1 \T 1 nn-ui c i nn c
form of compliance with the code is proposed. The board shall
have no authority to waive requirements of this code.
The plumbing board for licensing and appeal shall also act as
the Black Hawk County plumbing board for appeals, as permitted
by Black Hawk County Ordinance 46, the Black Hawk County
Plumbing Code.
ARTICLE C. PLUMBING CONTRACTORS
9-4C-1: CLASSIFICATION OF PLUMBERS:
Pipe Layer:
1. Definition: "Pipe layer" shall mean a person who
installs, lays, repairs, removes or caps off sanitary
sewer pipe between the public sanitary sewer main in
the street or easement and a point two feet (2')
outside the foundation wall of a building or
structure.
2. Qualifications: A pipe layer shall be qualified in the
principles of the hydraulics of liquids in sewer pipes
and related matters and shall be familiar with the
pertinent provisions of the Waterloo plumbing code and
the rules and regulations of the local and state
boards of health as such provisions, rules and
regulations pertain to sewers and sewer service pipes.
3. Licensing: Any person desiring to be licensed as a
pipe layer shall make application to the building
department on forms furnished by said department
accompanied by a fee. Upon receipt of the application
and fee, the building department shall schedule the
administration of a test prescribed by the plumbing
board. If the applicant obtains a passing score he
shall be issued a pipe layer's license upon the
payment of an additional fee of fifty dollars ($50.00)
the first year. The renewal fee will be twenty-five
dollars $25.00 per year.
4. Authorized Work: A pipe layer's license shall not be
construed as license or permit to do plumbing work as
a "j urncyman plumbcr" r a "mastcr plumbcr" state
licensed plumber in the city as defined in this
chapter. Except for the installation, laying,
removing, repairing or capping off of sewer between
public main and a point two feet (2') outside
building, every pipe layer shall be hereby prohibited
from doing any plumbing work within the city unless he
is licensed as a plumber by the city state in
conformance with the provisions of the Waterloo
plumbing code, as amended.
5. Pipe Laying: No person shall engage in the
rnnctriirt i nn
rPrnnctriirtinn 1awin(1 al -Fra -Finn
building in the city without first having obtained a
master plumber's state plumber's license or a Waterloo
pipe layer's license, having placed an along with an
approved certificate of insurance on file with the
city and having obtained a plumbing registered permit
for sewer installation from the building department as
required by this chapter.
9-4C-2: MASTER PLUMBER OR PIPE LAYER BUSINESS (CONTRACTOR'S)
LICENSE: Applicants who have met the requirements of the Board
and upon payment of a fee of two hundred dollars ($200.00) for
the first year and having in place a certificate of insurance as
herein provided for, issue to such applicant a Master Plumbcr
Business r Pipe Layer Business (Contractor's) License in the
name of the City of Waterloo, by the may r and attested by the
city clerk Plumbing Inspector. Renewal license fee will be one
hundred dollars ($100.00) per year.
It shall be unlawful for any person to install, erect, alter,
repair, service, reset, replace thereto, as defined in the
plumbing code, unless said person or some member of such firm or
corporation shall first have obtained a State Plumbing
Contractor licenseMaster Plumbcr or Pipe Layer Business
(Contractor's) License or unless such person, firm or
corporation has regularly and steadily in his employ a holder of
such a license, who shall be the authorized representative of
the person, firm or corporation in all matters pertaining to
this ordinance. The authorized representative who is the holder
of a State Plumbing Contractor license or a Pipe Layer Business
(Contractor's) License may not apply for permits for more than
one person, firm or corporation and the permit shall apply only
to the type of work pertaining to the specific license possessed
by the license holder.
9-4C-3: PIPE LAYER'S CERTIFICATE OF INSURANCE: A pipe layer's
application shall be filed with the building official (or a
specified intergovernmental agency if so designated by the
building official) accompanied by a certificate of insurance
written by a company authorized to transact business in the
state, in limits of not less than three hundred thousand dollars
($300,000.00) combined single limit to any person and one
hundred thousand dollars ($100,000.00) property damage; said
certificate to be written on a standard form and carrying an
endorsement naming the city and its employees (or the
intergovernmental agency designated by the building official) as
additional insureds as its interest may appear and conditioned
upon the faithful performance of all duties required of such
contractor by any ordinances, rules and regulations of the city.
It shall be a further condition of said certificate of insurance
that the obligator will hold the city (through the specified
intergovernmental agency if so designated) harmless from any and
all damages sustained by reason of neglect or incompetency on
the part of such contractor, his agents or employees in the
performance of the work done under a license or permit issued
upon the filing of said certificate.
subsequent year and shall be in continuous full force and
effect. That it is the intent and purpose of said certificate of
insurance to also bind the individual, company, firm,
association or partnership, whether it be a trade name,
corporation, or other business association or arrangement with
which the principal is associated.
Homeowners working on their principal residence shall be exempt
from filing said certificate.
9-4C-4: CONDITIONS OF LICENSE:
Any license not renewed prior to December 31 shall expire
thirty (30) calendar days thereafter, and shall be renewed
upon payment of a double fee.
9-4C-5: PERSONS AUTHORIZED AND REPORTING:
A. Must Be Licensed: No person other than those holding a
State Plumbing Contractor master plumber license or Pipe
Layer's license issued by the City of Waterloo, shall not
tap any water or sewer mains, nor install any private
building sewer, water service, private sewage disposal
plant or private water system; nor shall they make any
connections, extension, replacement, removals or additions
of any nature to the sanitary plumbing or water supply
system or disconnect any fixture or change the sanitary or
water pipe arrangement.
B. Definition:
PRIVATE BUILDING SEWER:
1. That part of the horizontal piping of a drainage
system between the end of the building drain (2 feet
outside the building wall) and the public sewer.
2. Any private main or service starting two feet (2')
outside the building wall and extending to the public
sewer main.
C. Exceptions: Those persons who perform the function of water
softener installers only, and who do not perform any other
plumbing work, may install water softeners only; provided,
that said person obtains the proper permits, prior to any
work performed, has in place insurance as by this chapter
provided, requests and has inspected by the plumbing
inspector any installations, and pays any and all
inspection fees.
9 4C -79-4C-6: REVOCATION OF LICENSES: A pipe layer's license or a
certificate f c mpctcncy State Plumbing Contractor may be revoked
for cause by the board, after a hearing by said board, upon a
written notice served upon the person in whose name said license
r certificate is issued, not less than ten (10) days prior to the
rlatP of hParinn ctatinn the time anH r,1an -F -I of am the
CERTIFICATE
INTRODUCED:
PASSED 1St CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
June 7, 2010
June 7, 2010
June 14, 2010
June 21, 2010
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 21St day of June, 2010, and approved by
the Mayor on the 23rd day of June, 2010.
ATTEST:
Suzy Schares, CMC
City Clerk
Erncst C. Clark, Mayor
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4995 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 21St day of June, 2010.
2010.
Witness my hand and seal of office this 23rd day of June,
SEAL Suzy Schares, CMC
City Clerk
Exibit "A"
The following drawing is an approved type of manufactured or prefabricated
concrete interceptor.
Mud trap sldewalls and floor are reinforced with #3 rebar: sidewalls and the
compartment divider are 2 112" thick; the floor of the mud trap is 3".
The lid is reinforced with over 20' of #4 rebar, and is 5" thick.
Capacity of the mud trap is 'a nominal 625 gallons; if capacity is calculated
at a conservative 500 gallons, the volume of the inlet compartment is still
.9 cubic yards, and the outflow compartment has a volume of 1.8 cubic
yards.
MUD TRAP OR
INFLAMMABLE WASTE INTERCEPTOR
24" ring and cover on each
unit for cleaning purposes
24"
5"
Lid _
2 112"
a
4"
.9 cubic
yard capacity
41F
Fume Vent 4„
Cleanout
Paving/Floorj
4 p r
371.8 cubic
912 "
yard capacity '
12"
X Ci
33 112 "
Pi L4-- 2112"
• 105"
y A
2"
Sewer
Vent
53"
v 3"
Page 144 of 196
a�
Exihibit "B"
24" RING AND COVER ON EACH
UNIT FOR CLEANING PURPOSES
MUD TRAP OR
INFLAMMABLE WASTE INTERCEPTOR
4"
Fume Vent
t
J P
.75 cubic
yard capacity
1.5 cubic
yard capacity
12
2"
Sewer
4" Vent
Clean
Out
n
5 11
2'.6'
5` b
5'
i/15K
[[ 4�C
Note: Dimensions shown are suggested only. Alternate dimensions for
compartments may be used to maintain the same proportion.
Q
Page 145 of 196
EXHIBIT "C"
RECOMMENDED COMMERCIAL KITCHEN GREASE INTERCEPTOR
The Waterloo Plumbing Code requires that these interceptors be not less that two
compartments with fittings designed for grease retention. The inlet and outlet shall be an
open tee (with an open tee, the tank does not have to be vented). The vertical leg shall
extend half the distance from flow line to the interceptor floor. The fittings shall not be less
than 4 inches or the size of the building sewer, whichever is greater. A clean out is required
on the outlet line, outside the tank. A sampling port to grade is required down stream of the
clean out.
24" Ring & sealed cover on
each unit for cleaning purposes
Inlet
6"x4" San.
Cross wl Cap
Clean Out
to Grade
distance from
flowline of inlet &
outlet to bottom
of interceptor.
6"
Cap
Sample Port
to Grade
Outlet
Page 146 of 196
EXHIBIT "D"
The drawing below is the recommended method of installing a
drain in a residential garage. No dimensions are shown, just
the required 'I cubic foot per each compartment. Also the outlet
of such a drain must be vented.
FLOOR SLAB
Removable Drain Cover Removable Solid Cover
Cleanout
v
Flow Line
6" Water Seal
Cubic
Foot
Cubic p
Foot
Page 147 of 196
ORDINANCE NO. 5096
AN ORDINANCE AMENDING THE 20072015 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING CHAPTER 3, ELECTRICAL REGULATIONS
OF TITLE 9, BUILDING REGULATIONS, IN THEIR
ENTIRETY; AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9,
BUILDING REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Chapter 3, Electrical Regulations of Title 9, Building
Regulations, of the 20072015 Code of Ordinances of the City of
Waterloo, Iowa, are hereby repealed in their entirety; that a new
Chapter 3, Electrical Regulations of Title 9, Building
Regulations, of the 20072015 Code of Ordinances of the City of
Waterloo, Iowa, are hereby enacted in lieu thereof as follows:
CHAPTER 3. ELECTRICAL CODE
ARTICLE 1. ELECTRICAL REGULATIONS, GENERALLY
SEC. 9-3-1. TITLE.
This ordinance shall be known as the Waterloo Electrical
Code, may be so cited and may be referred to hereinafter as the
"Code".
SEC. 9-3-2. PURPOSE AND SCOPE.
It is the purpose of this ordinance to adopt an electrical
code by reference, including provisions for the inspection and
regulation of electrical installation, issuance of permits, the
collection of fees, and to provide penalties for violations of
this ordinance in order to protect the public health, safety and
welfare.
The provisions of this code shall apply to and govern all
uses, installations, alterations, repairs, removals, renewals,
replacements, connections, disconnections, and maintenance of all
electrical equipment within the City of Waterloo, Iowa.
SEC. 9-3-3. DEFINITIONS.
The following words, terms and phrases, when used in this
Code, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
(a) Appeal board means the board created in section 11-31.
(b) Approved by the electrical inspector means found by the
inspector to comply with the requirements of this
ordinance and, in the absence of such requirements,
found by the inspector to be safe in respect to life
(c) Electrical contracting means undertaking, or offering
to undertake, the planning and installation of
electrical systems and equipment and the employment,
management, supervision and control of electricians and
apprentice electricians doing electrical work.
(d) Electrical contractor means any person responsible for
the activity of planning, or supervising electricians
and apprentices doing electrical wiring, work, or
equipment installations and connections to apparatus,
which is or will be connected to an electric light and
power source.
(e) Electrical equipment means all electrical materials,
wiring, conductors, fitting, conduits, devices,
appliances, fixtures, signs and apparatus or parts
thereof comprising an electrical system or control of
such system.
(f) Electrical maintenance work shall mean the repair of
the existing electrical equipment, or limited
replacement and extensions of branch circuits as
determined by the Chief Electrical Inspector.
(g) Electrical work means all installations, alterations,
repairs, removals, replacements, disturbances,
connections, disconnections and maintenance of wiring
and electrical equipment, or control of any of the
above, over 25 volts, and wiring systems through or by
which is conveyed or intended to be conveyed,
electrical current in, above, or under any building,
structure, tent or premises, public or privately owned,
in the City of Waterloo, Iowa.
(h) Electrician means any person doing electrical work for
an electrical contractor.
(i) Examining board means the board created in section 11-
31.
(j) Licensed or qualified person means any person who has
been examined and licensed by the examining board and
has its approval to install, remove, alter or make
additions to any electrical work in the city.
(k) Shall means that the act to be performed is mandatory.
SEC. 9-3-4. RULES OF CONSTRUCTION.
In this ordinance certain terms shall be construed as
follows:
(a) Electrical terms are definitions relating to electrical
equipment, wiring methods and special wiring locations
and conditions shall be those accepted by the trade and
listed in the National Electrical Code or other
recognized safe wiring manuals or tests.
SEC. 9-3-5. NATIONAL ELECTRICAL CODE ADOPTION.
(a) The 2014 Edition of the National Electrical Code,
including Article 90, Chapters 1 through 9, and Annex
A, B, C, D and H, inclusive, as published by the
National Electrical Code Committee, and adopted by the
National Fire Protection Association, is hereby adopted
by reference and is effective as if fully set forth in
this article. Where, in any specific case, different
sections of this article specify different materials,
methods of construction or requirements, the most
restrictive shall govern.
SEC. 9-3-6. NATIONAL ELECTRIC CODE AMENDMENTS.
The provisions of this section specify certain amendments,
by deletion, addition or substitution of the 2014 edition of the
National Electrical Code. Where this section states that an
article, subsection, enumeration or exception is deleted, only
the specific article, subsection, enumeration or exception is
deleted. Where this section states that an article or subsection
is deleted in its entirety, all references listed thereafter
associated with the specific article (with subsections,
enumerations and exceptions) or subsection (with enumerations and
exceptions) are deleted.
(a) Amendments to 2014 NEC Chapter 2 Amendments:
(1) 210.8(A)(2) Add the following exceptions to
section 210.8, paragraph (A), subparagraph (2):
a. Exception No.1 to (2): Receptacles that are
not readily accessible.
b. Exception No.2 to (2): A single receptacle or
a duplex receptacle for two appliances located
within dedicated space for each appliance
that, in normal use, is not easily moved from
one place to another and that is cord -and -plug
connected in accordance with 400.7(A)(6),
(A) (7) , or (A) (8) .
c. Receptacles installed under the exceptions to
210.8(A)(2) shall not be considered as meeting
the requirements of 210.52(G).
Where readily accessible, receptacle shall be
labeled as being non-GFCI".
(2) 210.8(A)(5) Add the following exceptions to
section 210.8, paragraph (A), subparagraph (5):
a. Exception No.2 to (5): Receptacles that are not
readily accessible.
b. Exception No. 3 to (5): A single receptacle or
a duplex receptacle for two appliances located
within dedicated space for each appliance that,
in normal use, is not easily moved from one
place to another and that is cord -and -plug
connected in accordance with
400.7 (A) (6) , (A) (7) , or (A) (8) .
c. Receptacles installed under the exceptions to
210.8 (A) (5) shall not be considered as meeting
(3) 210-11 (C)(3), Bathroom Branch Circuits, is
amended by deleting the italicized paragraph
entitled "Exception" in its entirety.
(4) 210.12 (B)is amended by deleting section 210.12
(B) . Delete section 210.12 (B) .
(5) 220.12 is amended by deleting the exception to
section 220.12 and insert in lieu thereof the
following exception: EXCEPTION: Where the
building is designed and constructed to comply
with an energy code adopted by the local
authority, the lighting load shall be permitted to
be calculated at the values specified in the
energy code.
(6) 230-30 Insulation, is amended by deleting the
italicized paragraph entitled "Exception" (1)
through (4) in its entirety, and adding the
following new unnumbered exception:
Exception: A grounded conductor shall be permitted
to be uninsulated if it is part of a service
entrance cable assembly.
(7) "230-43. Wiring Methods for 1000 Volts, Nominal,
or Less, is amended by deleting items (1) and (6),
and by adding the following as a new unnumbered
paragraph at the end of the enumerated paragraphs:
"Only items (3) Rigid metal conduit and (4)
Intermediate metal conduit may be concealed."
(8) 230-50(A) Underground Service Entrance Conductors
is deleted in its entirety and the following
sentence is substituted therefore: "Service
lateral conductors shall be installed in a raceway
not less than two feet underground."
(9) 250.52(a)(5) Rod and Pipe Electrodes, is deleted
in its entirety and the following is substituted
therefore: "Rod electrodes shall be not less than
2.5m (8 ft) in length, not less than 15.87mm (5/8
inch) in diameter, and shall be copper clad or
equivalent."
(10) 250.70 Methods of Grounding and Bonding Conductor
Connection to Electrodes, is amended by deleting
item (1), deleting from item (2) the words, "or
plain or malleable iron," and renumbering the
remaining items as items (1) through (4) .
(11) 250.118 Delete Items #5,#6 and #7 and insert the
following: (5) All listed flexible metal conduit
shall contain a wire type equipment grounding
conductor. (6) All listed liquid tight flexible
metal conduit shall contain a wire type equipment
grounding conductor. (7) All flexible metallic
tubing shall contain a wire type equipment
2014 NEC Chapter 3 Amendments
(1) 300.13(B) Device Removal, is deleted in its
entirety and the following is substituted
therefore:
"(B) Device Removal. In all circuits the
continuity of conductors shall not be dependent
upon device connections where the removal of such
devices would interrupt continuity."
(2) Section 310.15(b)(7) 120/240 -Volt, 3 -Wire, Single -
Phase Dwelling Services and Feeders), is deleted
in its entirety.
(1)
SEC. 9-3-7.
2014 NEC Chapter 4 Amendment
406.4(D)(4) is amended by deleting section
406.4 (D) (4) . Delete section 406.4 (D) (4) .
2014 NEC Annex H AMENDMENTS
80.9(C) Additions, Alterations, or Repairs is amended by
adding the following:
It is prohibited by this ordinance to perform any repair,
add to, or revamp any residential service less than 60
ampere electrical service.
80.13 Authority, subparagraph (13), is amended by inserting
a period after the words "ready for inspection", and
deleting the words, "and shall conduct the inspection within
days."
80.15 Electrical Board, is deleted in its entirety and the
following is substituted therefore:
ARTICLE 2. BOARD OF ELECTRICAL EXAMINERS AND APPEALS
Membership; Appointment of Members; Term of Office
(a) Establishment of the Board. There is hereby established
a Board of Electrical Examiners and Appeals,
hereinafter referred to as the "Board," with authority
and responsibility as follows:
(1) To act as a Board of Appeals as provided in the
Waterloo Electrical Code.
(2) To periodically review the provisions of the
Waterloo Electrical Code and make recommendations
to the Building Official for improving and
updating said documents.
(b) Composition of the Board. The Board shall consist of
training to pass judgement upon matters pertaining to
electrical construction. The membership shall be as
follows: Two licensed electrical contractors, one
licensed, working electrician, a representative from a
public utility company furnishing electrical power to
the City, one electrical engineer capable of designing
systems governed by this code. The electrical
inspector shall serve as secretary to the Board. Said
Board shall serve without compensation.
(c) Appointment of Members and Terms of Office. The members
of the Board of Electrical Examiners and Appeals shall
be appointed by the Mayor with the approval of the City
Council. After initial appointment of the Board the
terms of the members shall be for three years except
that the initial terms shall be so arranged and
staggered so that the terms of no more that two members
shall expire any one year. A vacancy within any term
shall be filled by appointment of the Mayor with the
approval of the City Council for the unexpired portion
of that term only.
Powers and Duties of the Board
The Board of Electrical Examiners and Appeals shall have the
following powers and duties:
(a) To act upon reports of violations by licensed master
electricians and journeyman electricians as filed by
the electrical inspector with the Board.
(b) To keep a complete record of the official proceedings
of the Board; to preserve all documents, books and
papers relating to appeals and hearing of complaints
and charges for at least three years.
(c) To hear appeals from the decision of the electrical
inspector and to rule on interpretations of the
provisions of the Waterloo Electrical Code, and to
determine the suitability of alternate materials and
methods of construction consistent with the provisions
of the Waterloo Electrical Code.
Meetings; Records
(a) All meetings of the Board of Electrical Examiners and
Appeals shall be held in the council chambers, or other
location indicated in a public notice posted 24 hours
prior to any meeting.
(b) Three members of the board shall constitute a quorum
for the transacting of all business, but any action
taken by the Board shall require a majority vote of all
members of the Board.
(c) The Board shall annually elect one of its members as
chairperson of the Board.
(d) The secretary of the Board shall keep a record of the
Right of Appeals
Any person shall have the right to appeal any decision of
the electrical inspector to the Electrical Board of Examiners and
Appeals by filing a written notice of such appeal with the
electrical inspector within ten (10) days from the date of the
inspector's decision. The Board shall forthwith fix a time and
place of hearing such appeal which shall not be less than five
(5) days nor more than fifteen (15) days after the date of filing
of the notice of such appeal, and the electrical inspector shall
notify the appellant in writing by registered mail of the time
and place of such hearing. After the hearing of said appeal, the
Board may sustain or overrule the decision of the electrical
inspector. Decision of the Board shall be final unless appealed
to the courts as by law provides.
80.19 (a) is amended by adding the following line item #3:
Permit for Installation by Homeowner
3. A permit application may be submitted by the homeowner
and, upon approval and payment of required fees, an electrical
permit shall be issued. Such permit authorizes the owner only to
install electrical equipment in the dwelling owned and occupied
by the owner, without license or certificate of insurance, and
without help from persons other than family members.
If at any time during the permit or inspection process, the
Chief Electrical Inspector determines the homeowner is
unqualified to perform the electrical work, the homeowner will be
required to hire a licensed electrical contractor to perform the
electrical work.
80.19 (c 1) is amended by adding the following sentence at
the end of the section:
A permit is not required for these repairs if the cost of
the repairs does not exceed $300.00.
80.19 (e) is amended by adding the following:
Fees
(a) Payment of fees for electrical permits shall be made on
or before the tenth day of the month following the date
of application for the permit or the date of the
statement from the electrical inspector. All fees
shall be payable to the City of Waterloo. All accounts
over 60 days due will be put on a "hold" status until
brought current.
(b) Inspection fees shall be paid in such amounts as
established by Resolution by the city council.
Inspections
80.19 (f) Inspections and Approvals, subparaaraph(3), is
80.23 (b) Penalties, subparagraph (3), is deleted in its
entirety.
80.25 (c) Notification, is deleted in its entirety.
80.27 Inspector's Qualifications is amended by deleting said
section in its entirety and substituting the following
therefore:
80.27 Inspector's Qualifications.
ARTICLE 3. ELECTRICAL INSPECTOR
Appointment; Qualifications
(a) The electrical inspector is hereby authorized, directed
and empowered to inspect any and all buildings,
structures, tents and premises, public and private,
and, as provided in this ordinance, to condemn and
order removed or remodeled and put into proper and safe
condition for the prevention of fire and for safety to
life and property, all electrical equipment
installations and connections of electrical current for
light, heat and power purposes, and to control the
disposition and arrangement of such equipment so that
persons and property shall not be in danger therefrom.
(b) The electrical inspector shall have successfully passed
any and all examinations administered by the Civil
Service Commission, have been recommended to said
position by the Building Official, appointed by the
Mayor, and confirmed by the majority of all members of
the City Council.
(c) The appointee shall:
(1) Be a qualified electrician and shall have at least
five years of practical experience in the
electrical trade or five years of experience as an
electrical inspector, or, in lieu of such
experience, shall be a graduate in electrical or
mechanical engineering of a college or university
considered by the Personnel Director as having
suitable requirements for graduation and shall
have had two years of practical electrical
experience;
(2) Be possessed of such executive ability as
requisite for the performance of required duties
and have thorough knowledge of the standard
material and methods used in the installation of
electrical equipment; and
(3) Be well versed in improved methods of construction
for safety to persons and property, the statutes
of the state relating to electrical work and any
orders, rules and regulations issued by authority
thereof, and in the National Electrical Code.
shall be required to pass an examination prior to
his/her appointment.
(e) He/she shall hold membership in the International
Association of Electrical Inspectors.
Section 80.28 Licensing,is added as follows:
(a) License Required
1. Electrical licenses shall be governed by Iowa Code
Chapter 103, Electricians and Electrical Contractors
(2008) .
(b) State of Iowa Class B License. All State of Iowa Class
B Journeyman's license will be accepted by the City of
Waterloo. A State of Iowa class B Master electrician's
license will be accepted if the electrician has held a
Waterloo license after January 1, 1990.
(c) If you have a State of Iowa electrical contractor's
license and wish to pull a permit in the City of
Waterloo, a one-time registration fee of $150.00 will
be charged if you have never held a City of Waterloo
license.
(d) Licenses are not transferable, nor shall they be loaned
or rented.
SEC. 9-3-8. PENALTY, ABATEMENT OF VIOLATIONS.
(a) Any person violating any provision of this ordinance
shall be deemed guilty of a municipal infraction and,
upon conviction thereof, shall be punished accordingly.
(b) If any electrical work, including construction or
repair, is performed within the city contrary to the
provisions of this ordinance, it shall be deemed a
municipal infraction and, in addition to penalties
described, shall be abated in accordance with this
ordinance.
(c) The doing of any act prohibited or declared to be
unlawful, an offense or a municipal infraction by this
ordinance or the National Electrical Code, or the
omission or failure to perform any act or duty required
by this ordinance or the National Electrical Code, is,
unless another penalty is specified, punishable as
provided in sections 1-15 through 1-17 of the Waterloo
code.
SEC. 9-3-9. APPLICABILITY OF ORDINANCE TO EXISTING BUILDINGS.
(a) If any existing building is damaged due to fire,
natural disaster or otherwise, the areas that are
damaged shall be brought up to current city and
national codes. If other areas of the building are
altered or repaired due to damages that occurred, these
areas must also be brought utc, to the current codes.
shall be made to conform to the requirements of the
current city and national codes for the new type of
occupancy.
SEC. 9-3-10. MOVED BUILDINGS.
(a) Residential moved buildings shall be brought into
compliance with the electrical requirements of new
residential -type buildings.
Exception: Parts of an electrical system which were
not damaged and had been installed in compliance with
the electrical code which was in effect at the time of
installation may be retained in said electrical
systems.
(b) Electrical systems in any other moved buildings shall
be brought into compliance with the provisions of this
Code the same as for new construction.
(c) The permanent service connection shall not be made by
the power company until the electrical system is
completely installed, and is approved by the inspector.
(d) The existing service on the moved building shall not be
connected to the electrical power source unless
specifically approved by an inspector.
SEC. 9-3-11. DISCLAIMER.
This ordinance shall not be construed to affect the
responsibility or liability of any party owning, operating,
controlling or installing any electrical equipment for damages to
persons or property caused by any defect therein, nor shall the
city be held as assuming such liability by reason of the
inspection or reinspection authorized in this ordinance or the
certificates of approval issued as provided in this ordinance, or
by reason of the approval or disapproval of any equipment
authorized in this ordinance.
SEC. 9-3-12. LIABILITY OF ELECTRICAL INSPECTOR.
The electrical inspector, acting in good faith and without
malice in the discharge of his/her duties, shall not thereby
render himself/herself liable personally and he/she hereby is
relieved from all personal liability for any damage that may
accrue to person or property as a result of any act required or
by reason of any act of omission in the discharge of his/her
duties. Any suit brought against the city because of such act or
omission performed by him/her in the enforcement of any
provisions of this ordinance shall be defended by the city.
SEC. 9-3-13. RESERVED.
SEC. 9-3-14. UNLAWFUL CONNECTIONS.
It shall be unlawful for any person to make connection from
a supply of electricity to any electric equipment that has been
installed or which has been disconnected or ordered to be
SEC. 9-3-15. INSPECTION OF WIRING REQUIRED PRIOR TO INSTALLATION
OF METER.
It shall be unlawful for any person to set a meter for
electric purposes to any building or premises, wiring of which
has not been inspected and approved by the electrical inspector.
A violation of this section will cause the electrical inspector
to give written notice and immediately cause the removal of such
conditions and the discontinuance of such current.
SEC. 9-3-16. ALTERATION OF IDENTIFICATION OR RATING MARKINGS.
It shall be unlawful to cover, remove, alter, change or
deface the maker's name or identification mark or any of the
rating markings on electrical equipment.
SEC. 9-3-52. CONFLICT OF INTEREST.
It shall be unlawful for the electrical inspector or
assistant electrical inspectors to engage in the business of the
sales, installation or maintenance of electrical equipment,
either directly or indirectly, and they shall have no financial
interest in any concern engaged in such business in the city of
Waterloo, at any time, while holding said offices.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the day of , and approved
by the Mayor on the , 2015.
Ernest G. Clark, Mayor
ATTEST:
Suzy Schares, CMC
City Clerk
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 5096, as passed and adopted by the City Council
of the City of Waterloo, Iowa, on the day of ,
2015.
Witness my hand and seal of office this day of
, 2015.
SEAL Suzy Schares, CMC
City Clerk
ORDINANCE NO. 4993
AN ORDINANCE AMENDING THE 20072010 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING CHAPTER 5, HEATING, AIR
CONDITIONING AND VENTILATION; ARTICLE A,
MECHANICAL CODE; ARTICLE B, MECHANICAL BOARD
FOR LICENSING AND APPEALS; AND ARTICLE C.,
MECHANICAL CONTRACTORS, OF CHAPTER 5,
HEATING, AIR CONDITIONING AND VENTILATION,
OF TITLE 9, BUILDING REGULATIONS; AND
ENACTING IN LIEU THEREOF NEW CHAPTER 5,
HEATING, AIR CONDITIONING AND VENTILATION;
ARTICLE A, MECHANICAL CODE; ARTICLE B,
MECHANICAL BOARD FOR LICENSING AND APPEALS;
AND ARTICLE C., MECHANICAL CONTRACTORS, OF
CHAPTER 5, HEATING, AIR CONDITIONING AND
VENTILATION, OF TITLE 9, BUILDING
REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Chapter 5, Heating, Air Conditioning and Ventilation, Article
A, Mechanical Code, Article B, Mechanical Board for Licensing, and
Article C, Mechanical Contractors, of Chapter 5, Heating, Air
Conditioning and Ventilation, of Title 9, Building Regulations, of
the 20072010 Code of Ordinances of the City of Waterloo, Iowa, are
hereby repealed in their entirety; that a new Chapter 5,
Mechanical Systems, Article A, Mechanical Code, Article B,
Mechanical Board for Licensing, and Article C, Mechanical
Contractors, of Chapter 5, Mechanical Systems, of Title 9,
Building Regulations, of the 20072010 Code of Ordinances of the
City of Waterloo, Iowa, are hereby enacted in lieu thereof as
follows:
CHAPTER 5
MECHANICAL SYSTEMS
9-5-1: TITLE: This chapter shall be known as the WATERLOO
MECHANICAL CODE and may be so cited and may be referred to
hereinafter as "the code" or "this code".
9-5-2: APPLICATION AND SCOPE: The provisions of this chapter
shall include and apply to all mechanical and fuel gas systems,
appliances and equipment regulated by the adopted mechanical and
fuel gas codes hereinafter installed, constructed, altered,
serviced or repaired in, for, or about any new, remodeled or
relocated building or structure in the city.
9-5-3: MECHANICAL INSPECTOR:
A. Appointment: The applicant for mechanical inspector shall
f11 1 f i 1 1 a l l ar1r11 i rah1 P r i 7Ti 1 cPr7Ti rrri1 i rPmPnt c fnr the
shall go to the mayor and city council for approval. The
mechanical inspector shall work under the direction of the
building official.
B. Qualifications: The appointee shall have had at least four
(4) years of practical experience in the design, planning,
supervision and contracting for installation of heating,
air conditioning and ventilation systems. Two (2) years of
experience may be substituted for four (4) years of
schooling if the study is in engineering or a related
field. Schooling shall be from a recognized school of
continuing education; possession of a valid driver's
license; shall possess the ability and aptitude for the
performance of required duties and shall have thorough
knowledge of the standard materials and methods used in the
installation and maintenance of heating, air conditioning
and ventilation equipment; shall be versed in methods of
construction for safety to persons and property, the
statutes of the state relating to air quality and air
pollution control and any orders, rules and regulations
issued by authority thereof, and in the Uniform Mechanical
Code.
C. Restrictions: It shall be unlawful for the mechanical
inspector to engage in the business of the sales,
installation, or maintenance of heating, air conditioning
and ventilation equipment, either directly or indirectly,
and the inspector shall have no financial interest in any
concern engaged in such business in the city at any time
while holding the position as mechanical inspector for the
city.
D. Powers And Duties:
1. The mechanical inspector is empowered to inspect any
and all buildings or structures, public or private,
and to, as herein provided, order removed or remodeled
and put into proper and safe condition all heating,
air conditioning and ventilation equipment and related
systems for the protection of the public health,
safety and welfare.
2. The mechanical inspector shall have authority to
enforce this chapter and may bring before the
Mechanical board proposals for modifications or
alternate materials, methods, and equipment to
determine compliance with the intent of this chapter;
provided, that the individual or entity affected
provides satisfactory documentation to the board.
3. The building official shall be the executive official
and administrative authority for the administration of
the mechanical code of the city.
E. Right Of Entry: Whenever necessary to make an inspection
to Pnfr rrP anw of thnvTi ci nnc of thi c rharcF r nr
believe that there exists, in any building or upon any
premises, any HVAC condition which makes such building or
premises unsafe, the mechanical inspector may enter such
building or premises at all reasonable times to inspect the
same or to perform any duty imposed upon by this chapter;
provided, that if such building or premises be occupied,
they shall first present proper credentials and request
entry; and if such building or premises is unoccupied, they
shall first make a reasonable effort to locate the owner or
other persons having charge or control of the building or
premises and request entry. If such entry is refused, the
mechanical inspector or authorized representative shall
have recourse to every remedy by law to secure entry.
9-5-4: DEFECTIVE WORK; UNSANITARY CONDITIONS: Whenever it
shall come to the knowledge of the mechanical inspector that the
mechanical or fuel gas system, appliance or equipment governed
by this code in a building or structure is defective or
otherwise becomes a hazard to health or life, it shall be the
duty of said inspector to make an inspection of such system,
appliance or equipment and render a report to the proper party,
setting forth the necessary repairs or alterations required to
make such heating, air conditioning or ventilation system
conform to this chapter. The inspector shall set a limit of time
within which such repairs or alterations are to be made, and
upon the refusal or neglect of the owner, agent, lessee, or
tenant to comply with said notice within the time stated, the
mechanical inspector shall cause such repairs or alterations to
be made or such nuisance abated and the expense of such work
shall be taxed against such property and become a prior lien
thereon and as a personal judgment against the property owner;
or the inspector may order the premises vacated and closed to
further occupancy until such time as the required repairs or
alterations have been made, all at the mechanical inspector's
sole discretion based upon health or life safety concerns.
9-5-5: MAINTENANCE; CHANGE OF OCCUPANCY: When a single-
family structure is changed to multi -family occupancy, the
following shall specifically apply in addition to any
requirements identified in the mechanical code:
A. Each unit shall be provided a heating unit that will
maintain room temperature in accordance with the housing
code of the city.
B. Transfer of conditioned air between units is prohibited.
9-5-6: APPLICATION FOR PERMIT: Permit To Do Work Required:
It shall be unlawful for any person to construct or install any
fuel burning, space heating, air conditioning or incinerator
equipment or appurtenances subject to and covered by the
provisions of this chapter in or for any building or to alter,
repair or convert any such existing fuel burning, space heating,
air conditioning or incinerator equipment or appurtenances as
are subject to the provisions of this chapter without first
male -inn T.7ri-F-Ha.n arynl i rat i nn for a ra.rmi t thPrPfnr cPtt i nn forth
9-5-7: INSTALLATION BY OWNER: In cases where the
owner/occupant desires to do heating, air conditioning and
ventilation work in the owner's own residence, the owner shall
appear before the mechanical inspector and show competency in
the installations of heating, air conditioning and ventilation
systems. Upon such showing of competency and approval and
payment of required fees, a mechanical permit shall be issued.
Said permit authorizes owner to do heating, air conditioning and
ventilation work only in the dwelling owned and occupied by said
owner without licensing, certificate of insurance or help from
other than family members. Said person performs all labor in
connection therewith, has the necessary inspections made and
complies with code requirements.
9-5-8: NOTIFICATION FOR INSPECTION:
A. It shall be the duty of the permit holder to notify the
inspector that the work is ready for inspection or test.
All inspections require twenty-four (24) hours' notice.
B. It shall be the duty of the permit holder to make sure the
work will stand the test prescribed before giving
notification.
C. If the inspector finds that the work will not stand a
required test, or corrections are required, the journeyman
HVAC shall be required to notify the inspector when the
necessary corrections are complete for reinspection. If the
journeyman HVAC calls for a reinspection where corrections
were required and the corrections were not made, a
reinspection fee will be assessed to the contractor. The
reinspection fee shall be paid before additional
inspections are made.
D. If the inspector fails to appear within twenty four (24)
hours, during normal working hours, of the time set for
each inspection or test, the inspection or test shall be
deemed to have been made, but the journeyman HVAC doing the
work shall be required to file an affidavit with the
mechanical inspector that the work was installed with the
ordinance and permit, and that it was free from defects and
that the required test had been made and the system was
found free from leaks.
9-5-9: APPLICABILITY: If an existing building is damaged by
fire or otherwise or altered in a manner to require the
replacement of fifty percent (50%) or more of the structure as
determined by the authority having jurisdiction, the entire
building shall conform to this chapter's requirements for new
buildings.
ARTICLE A. MECHANICAL CODE
9-5A-1: MECHANICAL CODE ADOPTED: The International Mechanical
r,(-1 anr1 Tn- national F'„ol (tac nr,r1o aro arar,tori by thi c
otherwise herein, and there is adopted as the mechanical code of
the city, that certain mechanical code known as the
International Mechanical Code, 20092015 Edition, and
International Fuel Gas Code, 20092015 Edition, as prepared by
the International Code council (ICC).
9-5A-2: AMENDMENTS: Where Chapter 5 of Title 9, Building
Regulations, uses the phrase heating, air conditioning, and
ventilation; fuel gas and mechanical systems appliances, and
equipment shall be understood to be included.
The following sections of the 20092015 International Mechanical
Code (ICC) and 20092015 International Fuel Gas Code (ICC) are
amended as follows:
Section 101.1 Insert: City of Waterloo.
Section 101.2 Delete: Exception
Sections 103.1, 103.2, and 103.3 Delete in their entirety.
Section 106.2 of the 20092015 International Mechanical Code
Add: item #9, electric baseboard heating system
Section 106.5.2 of the 20092015 International Mechanical
Code and Section 106.6.2 of the 20092015 International Fuel
Gas Code are hereby amended to read:
Permit Fees. All mechanical permit fees shall be
established by resolution of the city council and paid
prior to issuance of a permit or reinspection. Scc table
1-M.
Section 106.5.3 of the 20092015 International Mechanical
Code and Section 106.6.3 of the 20092015 International Fuel
Gas Code are hereby amended as follows:
Fee Refunds: #2. Not more than 80 percent of the
permit fee paid when no work has been done under a
permit issued in accordance with this code.
#3 Deleted
Section 108.4 of the 20092015 International Mechanical Code
and 20092015 International Fuel Gas Code are deleted and
replaced with the following:
108.4 Municipal Infraction.
108.4.1 Any person, firm or corporation failing to comply
with or violating any of the terms or provisions of this
ordinance shall be deemed guilty of a municipal infraction
and upon conviction thereof, be punished accordingly.
108.4.2 If any mechanical work, including construction or
1- i r 1 c r)rfnrmPrl tai th i n the ri t\7 rnntrarw to the
municipal infraction and in addition to penalties
described, shall be corrected in accordance with this
ordinance.
108.4.3 The omission or failure to perform any act or duty
required by this ordinance or the performing of any act
which is prohibited or declared to be unlawful by this
ordinance, an offense or a municipal infraction pursuant to
this ordinance or the International Mechanical Code and/or
International Fuel Gas Code is punishable by a fine of up
to two hundred dollars ($200.00) for the first offense and
up to four hundred dollars ($400.00) for each subsequent
offense.
Delete Section 108.4 of the 20092015 International
Mechanical Code and 20092015 International Fuel Gas Code.
Delete Sections 109.2, 109.3, 109.4, 109.5, 109.6 and 109.7
of the 20092015 International Mechanical Code and 20092015
International Fuel Gas Code.
Amend Section 507.2.2 of the 20092015 International
Mechanical Code by deleting the following wording "into the
HVAC system design or".
Add Section 507.2.3.1 and 507.2.3.2 to the 20092015
International Mechanical Code
Section 507.2.3.1 D mcstic Cooking appliances used in
commercial -type occupancies such as places of worship,
fellowship halls, lodge halls, employee kitchens, and
classrooms shall may need to be provided with a Typc I hood
€e- based on the type of appliances and processes in
accordance with Sections 507.2, and 507.2.1. Light-duty
appliances that produce heat or moisture and do not produce
grease or smoke shallmay need to be provided with a hood in
accordance Sections 505.1, 501.1 exception 1, and 505.2.
Whcrc d mcstic rangc h dG arc all wcd, Typc I r Typc II
h dG arc als all wcd. At the discretion of the Building
Official or designee, in all applications, portable fire
extinguishing equipment shall be provided as directed by
the Fire Marshal.
Exception: If a Type 1 Hood with a fire suppression system
is not needed or installed, a permanent etched sign with
background contrasting letters at least 2 inches in height
shall be installed in plain sight on or near the hood
stating "NO FRYING, GRILLING, SAUTEING OR GREASE ALLOWED".
Exccpti n: A Typc II h d installcd ab vc light duty
applianccs uscd n infrcqucnt bascs that pr ducc minimal
am unto f grcasc and sm kc shall mcct all f the f 11 wing
c nditi ns.
1. Complete and submit a Use Agreement form available at
the Riii 1 rli nrr fl artmPnt
2. The equipment is limited to a maximum of two domestic
light-duty appliances in any one location.
3. Complete hood coverage of the cook area is provided and
hood is ducted in compliance with the mechanical code
requirements for Type II hoods.
4. Cooking practices are limited to tenants of the
building.
5. Frying, sauteing, grilling or other grease producing
activities that produces more than minimal amounts of
grease or grease vapor are prohibited.
6. Portable fire extinguishing equipment shall be
provided as directed by the City.
7. A permanent etched sign shall be installed in plain
sight on the hood stating "ONLY MINIMAL FRYING,
GRILLING, OR SAUTEING ALLOWED".
8. Where the cooking equipment is to be used as training
equipment, it shall not be used by students without
direct supervision of an instructor.
9. The approved use is tenant based. If the tenant
changes, the occupancy changes, or the type of cooking
changes, approval of the alternative hood is voided.
10. City Inspectors shall have the authority to
immediately void the approval if any of the above
conditions are found to be in violation.
507.2.3.2 D mcstic C king Appliancc Makcup Air. The
rcquircmcnts f Sccti n 508.1.1 may be waivcd at thc
diocrcti n f thc mcchanical inopcct r.
Amend Chapter 6 of the International Mechanical Code, 601.5
Exception #5 will not apply to existing unaltered
structures. All new single family or existing single
family converted to multi -family living will not be exempt.
The following is added to Section 402.6 of the 20092015
International Fuel Gas Code:
#7 Maximum gas delivery pressure into a dwelling shall not
exceed 14" water column ("w.c.").
Sections 403.4.3, 403.4.4, 403.5, 403.5.2, 403.5.3 of the
20092015 International Fuel Gas Code are hereby deleted and
replaced with the following:
403.4.3 Pipe used for the installation, extension,
alteration or repair of gas piping shall be standard weight
wrought iron or steel (galvanized or black). Corrugated
cta i n 1 Pcc c -F 1 - iihi nn WW1 maw hP r)Prmi ttPr1 fnr
The following section is added to the 20092015
International Fuel Gas Code:
403.5.5 Inspection procedure for C.S.S.T.
(a) An air pressure test of a minimum ten (10) pounds
for a minimum of fifteen (15) minutes must be
performed after the piping is installed in rough
construction. (Before cover of interior walls and
ceiling are finished.)
(b) Another air test of the same requirement must
also be performed after the cover of walls and
ceiling are complete. Both of which tests must be
witnessed by the mechanical inspector. At no time
before this, will gas service be released to the
building.
(c) After final pressure test, piping can be
connected to the gas service, a gas shut off will
be required before each connection is made into
existing pipe, and C.S.S.T. must terminate at
ceiling or floor joist and hard piped with a shut
off to each appliance.
Section 403.10.4 of the 20092015 International Fuel Gas
Code is hereby deleted and replaced with the following:
Gas piping larger than 1 1/2" (39mm) 2" (50.8mm)in size
regardless of gas pressure and any size gas pipe carrying 1
pound p.s.i. or more gas pressure shall be welded black
pipe with welding performed by a certified welder and
pressure tested to a minimum 50 pounds p.s.i. for no less
than one (1) hour.
In lieu of the NEC, HVAC air handling equipment with a
blower motor or electric elements in a duct needs to be
provided with disconnect means within reach of the unit.
ARTICLE B. MECHANICAL BOARD FOR LICENSING AND APPEALS
9-5B-1: BOARD ESTABLISHED; COMPOSITION:
A. Board Established: There is hereby established a mechanical
board for licensing and appeals, hereinafter referred to as
the board, with authority and responsibility as follows:
Itcm 1 is amcndcd as f 11 w^: Auth rity t liccnsc a
c rp rati n, c mpany, partncrship r a natural pers n
as a mcchanical c ntract r.
2=1. To act as a board of appeals as provided in the
heating, air conditioning and ventilation code.
42. To periodically review the provisions of the
hPatinrr air rnnrlitinninrr and 7TPntilatinn rnr-1P
and recommend to the building official for
improving and updating said ordinance.
B. Composition Of Board is amended as follows: The board
shall consist of five (5) members, all of whose place of
business or residence is located in the city. All members
shall be qualified by experience and training to pass
judgment upon matters pertaining to the installation of
heating, air conditioning and ventilation systems. The
membership shall be as follows: three (3) certificate of
competency holders, and two members at large, with no one
company or interest being represented by more than one
member of the board. The city mechanical inspector or
building official's designee shall act as secretary to the
board.
9-5B-2: APPOINTMENT, TERMS:
A. Appointment Of Members: The members of the mechanical board
for licensing and appeals shall be appointed by the mayor
with the approval of the city council.
B. Terms: After the initial appointment of the board, the
terms of the members shall be for three (3) years except
that the initial terms shall be so arranged and staggered
that the terms of no more than two (2) members shall expire
on December 31 of any one year. A vacancy within any term
shall be filled by appointment of the mayor with the
approval of the city council for the unexpired portion of
that term only.
C. Compensation: The members of the board shall serve without
compensation.
D. Organization: The board shall designate a member as chair
and vice chair and shall adopt reasonable rules for
conducting its investigations and proceedings, and shall
render all decisions and findings in writing to the
building official with a duplicate copy to the appellant
and may recommend to the city council new legislation as is
consistent therewith.
9-5B-3: QUORUM: Three (3) members of the board shall
constitute a quorum for the transaction of business, provided
that a decision on a matter relating to a specific license shall
not be valid unless decided in the presence of a board member
who holds a similar valid license. Any vote taken for the
purpose of suspending or revoking a contractor's license shall
require a majority vote of all members of the board.
9-5B-4: POWERS AND DUTIES: The mechanical board for licensing
and appeals shall have the following powers and duties:
A. T prescribc rulcs f r the c nduct f cxaminati ns of
applicants f r liccnscs.
9 5B 6: WAIVE EYAMINATI NS is amcndcd as f 11 ws:
B .A. To hold regular meetings when determined necessary for the
purpose of conducting examinations of applicants for
mechanical certificates of competency or heating, air
conditioning and ventilation appeals.
C. Itcm C is amcndcd as f 11 ws: T examine applicati ns and
applicants f r licenses as c ntract r certificates f
c mpctencv
--B. Item D is amended as follows: To act upon reports of
violations by licensed contractors as filed by the
mechanical inspector with the board.
• C. To prescribe rules consistent with the provisions of this
chapter for hearings before the board to suspend, revoke,
or reinstate licenses.
• D. To keep a complete record of the official proceedings of
the board; to preserve all documents, books, and papers
relating to appeals, examinations for licenses, and
hearings of complaints and charges for at least three (3)
years.
6=E. To hear appeals from the decision of the mechanical
inspector and to rule on interpretations of the provisions
of the heating, air conditioning and ventilation code.
9 5B 5: TEMP RARY PERMITS: The b and may, with a c ncurrcncc
f a maj rity f its members, pcnding thc cxaminati n f any
applicant, and up n thc payment f thc pr per fcc thcrcf r,
issue a temp rary permit t an applicant all wing thc applicant
t w rk at r engage in thc business f heating, air
c nditi ning and vcntilati n until such timc f cxaminati n.
H wcvcr, said permit shall n t bc renewed r extended bcy nd thc
scheduled timc f cxaminati n as sct f rth herein, and in case
f failurc f an applicant t pass thc cxaminati n, n furthcr
permit shall bc issued t thc applicant.
Dcictc Itcros A and C in thcir cntircty.
C ntract r: With ut requiring cxaminati n f thc applicati n,
thc b and may, at its applicant wh h lds a b na fidc currcnt
HVAC c ntract is license issued in thc applicant's name fr m
any thcr city r state, after satisfying itself f thc validity
f said license, and the ability f thc h ldcr thcrc f,
pr viding c mpliancc by such applicant with all thcr
requirements f this chapter has been made.
ARTICLE C. MECHANICAL CONTRACTORS
9 5C 1: CLASSIFICATI N F C NTRACT RS is amcndcd as f 11 ws:
Dcictc Itcros A in its cntircty.
C ntract rs, Ccrtificatc Of C mpctcncy: The applicant shall
includc any c rp rati n, c mpany, partncrship r pers n skilled
in planning and supervising thc installati n f hcating, air
c nditi ning and vcntilati n cquipmcnt r systcros. Applicant
must kn w thc pr visi ns f this chaptcr and thc rulcs and
rcgulati ns g vcrning thc installati n f hcating, air
c nditi ning and vcntilati n cquipmcnt and systcros. Applicant
shall furnish thc b and with affidavits stating thc applicant's
practical cxpericncc pri r t bcing issucd a liccnsc.
In rdcr t bc permittcd t sit f r the cxaminati n f r a
c ntract r' ccrtificatc f c mpctcncy, it shall bc ncccssary
f r thc applicant t prescnt a subscribcd and sw rn t affidavit
attcsting t thc fact that thc applicant p sscsscs a valid
j urncyman MVAC liccnsc.
9 5C 2 9-5C-1: LICENSE REQUIRED:
A. No person other than those holding a current State
Mechanical Contractor license, in addition to their State Master
HVAC license shall be allowed to work at the trade of heating,
air conditioning and ventilation in the City of Waterloo.
A. Itcm A is amcndcd as f 11 ws: Applicati n: Any pers n
desiring t h ld a c ntract r s ccrtificatc f c mpctcncy
shall makc applicati n thcrcf rc t thc b and n f rms
btaincd fr m thc building dcpartmcnt.
B. Itcm B is amcndcd as f 11 ws: Liccnsc Rcquircd: It shall
bc unlawful f r any pers n t w rk at thc tradc f hcating,
air c nditi ning and vcntilati n in the city unlcss such
pers n p sscsscs a valid j urncyman HVAC liccnsc as
pr vidcd in this chaptcr.
B&- Unlawful To Lend License: It shall be unlawful for any
person to lend that person's license, or to borrow the
license of another person, nor shall any person offer to
assume the responsibility of another person's work, when
such person's work would require that person to be licensed
under the provisions of this chapter.
9 5C 3: C NTRACT R'S CERTIFICATE F C MPETENCY: Applicants
wh havc bccn issucd a ccrtificatc f c mpctcncy by thc b and
shall pay a fcc f nc hundred twcnty d llars ($120.00) and havc
in placc a ccrtificatc f insurancc as hcrcin pr vidcd, and the
building fficial r his dcsigncc shall issuc t such applicant
a ccrtificatc f c mpctcncy in thc namc f thc city.
It shall bc unlawful cxccpt as hcrcinaftcr pr vidcd f r any
pers n, firm r c rp rati n t install, crcct, altcr, rcpair,
scrvicc, resct, rcplacc thcrct , as dcfincd in thc hcating, air
c nditi ning and vcntilati n c dc, unlcss said pers n r s me
mcmbcr f such firm r c rp rati n shall first havc btaincd a
ccrtificatc f c mpctcncy r unlcss such pers n, firm r
c rp rati n has as a rcgular cmpl ycc a h ldcr f such a
L. l 1 L .-.
- L..-.
pertaining t this chaptcr. The auth rizcd rcprescntativc wh is
thc h ldcr f a ccrtificatc f c mpctcncy may n t apply f r
permits f r m rc than nc pers n, firm r c rp rati n and thc
permit shall apply my t thc typc f w rk pertaining t thc
spccific ccrtificatc f c mpctcncy p sscsscd by thc ccrtificatc
f c mpctcncy h ldcr.
9 5C 4: CERTIFICATE F INSURANCE: A hcating, air c nditi ning
and vcntilati n c ntract rs' applicati n shall bc filcd with thc
building fficial ( r a spccificd intcrg vcrnmcntal agcncy if s
dcsignatcd by thc building fficial) acc mpanicd by pr f f
rcgistrati n with thc statc and a ccrtificatc f insurancc
writtcn by a c mpany auth rizcd t transact busincss in thc
statc, in limits f n t lcss than thrcc hundrcd th usand d llars
($300,000.00) c mbincd singlc limit t any pers n and nc
hundrcd th usand d llars ($100,000.00) pr perty damagc; said
ccrtificatc t bc writtcn n a standard f rm and carrying an
cnd rscmcnt naming thc city and its cmpl yccs ( r thc
intcrg vcrnmcntal agcncy dcsignatcd by thc building fficial) as
additi nal insurcd as its intcrest may appcar and c nditi ncd
up n thc faithful perf rmancc f all dutics rcquircd f such
c ntract r by any rdinanccs, rulcs and rcgulati ns f thc city.
It shall bc a furthcr c nditi n f said ccrtificatc f insurancc
that thc bligat r will h ld thc city (thr ugh thc spccificd
intcrg vcrnmcntal agcncy if s dcsignatcd) harmlcss fr m any and
all damagcs sustaincd by rcas n f ncglcct r inc mpctcncy n
thc part f such c ntract r, his agcnts r cmpl yccs in thc
perf rmancc f thc w rk d nc undcr a liccnsc r permit issucd
up n thc filing f said ccrtificatc.
Said ccrtificatc f insurancc shall bc issucd by Dcccmbcr 31 f
cach ycar, and shall bc rcfilcd n r bcf rc said datc f r cach
subscqucnt ycar and shall bc in c ntinu us full f rcc and
cffcct. That it is thc intcnt and purp sc f said ccrtificatc f
insurancc t als bind thc individual, c mpany, firm,
ass ciati n r partncrship, whcthcr it bc tradc namc,
c rp rati n, r thcr busincss ass ciati n r arrangcmcnt with
which thc principal is ass ciatcd.
Homeowners working on their principal residence shall be exempt
from filing said ccrtificatc State licensing.
9 5C 5 9-5C-2: CONDITIONS OF LICENSE:
A. Advertising Without License Ccrtificatc Of C mpctcncy: No
person shall advertise in any way that they possess the
qualifications to engage in or carry on the heating, air
conditioning and ventilation trade or business in the city
unless they are a bona fide holder of a valid contractor's
license ccrtificatc f c mpctcncy as provided in section 9-
5C-2 9 5C 3 of this article.
B. Itcm B is amcndcd as f 11 ws: Liccnsc Rcncwal: A hcating,
air c nditi ning and vcntilati n liccnsc shall bc valid f r
a peri d f up t nc ycar and may bc rcncwcd annually n
!. ,,. 1---p- ,,. r. m.„ , . 1 , , ,-. !. ,-, -, ,-. -, , .,,, r. ,-, -h ,. -' !. ,-, , . h , , ,-, .J ,,. , .A ,.,, . ,-, , .
Any liccnsc n t rcncwcd pri r t May 1 shall cxpirc thirty
(30) calcndar days thcrcaftcr, and shall n t bc rcncwcd
with ut cxaminati n, cxccpt n thc rcc mmcndati n f thc
mcchanical b and f r liccnsing and appcals. If thc b ar
appr vcs thc rcncwal f thc liccnsc with ut rccxaminati n,
thc liccnsc shall bc rcncwcd aftcr paymcnt f a d ublc fcc.
Dcictc itcm C in its cntircty.
9 5C 6 9-5C-3: REVOCATION OF LICENSE:
A. Item A is amended as follows: A contractor's license
ccrtificatc f c mpctcncy may be revoked for cause by the
board, after a hearing by said board, upon a written notice
served upon the person in whose name said license or
ccrtificatc is issued, not less than ten (10) days prior to
the date of hearing, stating the time and place thereof and
the grounds for such hearing.
B. Item B is amended as follows: If by super -majority vote the
revocation of the contractor's license ccrtificatc f
c mpctcncy is approved, the affected party(s) have ten (10)
working days to appeal the revocation action to the city
council.
C. A written letter shall be directed to the building official
stating the reason for the appeal. The building official
shall arrange a work session with the city council within
fourteen (14) days to hear the appeal. The decision by the
city council shall be final.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
June 7, 2010
June 7, 2010
June 14, 2010
June 21, 2010
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 21st day of June, 2010, and approved by
the Mayor on the 23rd day of June, 2010.
ATTEST:
Suzy Schares, CMC
City Clerk
Ernest G. Clark, Mayor
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4993 as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 21st day of June, 2010.
2010.
Witness my hand and seal of office this 23rd day of June,
SEAL Suzy Schares, CMC
City Clerk
CITY OF WATERLOO
Council Communication
Motion to approve Change Order No. 6-1 for a net increase of $53,065.50 for the FY 2017 Bridge Repairs; 6th
Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize the Mayor and City Clerk to
execute said document.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 3/15/2017 - 11:05 AM
Clerk Office Even, LeAnn Approved 3/15/2017 - 2:32 PM
ATTACHMENTS:
Description Type
D Change Order 6-1 Cover Memo
Submitted by:
Summary Statement:
Expenditure Required:
Source of Funds:
Background Information:
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
$53,065.50
G.O. Bonds
The temporary plates covering the failed expansion joint on the Park Ave.
Bridge are working loose and are hard to keep attached. Therefore, a repair
to the expansion joint is necessary to avoid continuous work on the plates to
keep them attached. Also, since the contractor will be working on the
bridge, some sidewalk is being patched to make it safer.
Page 174 of 196
CHANGE ORDER NO. 6-1
Owner: City of Waterloo Date: 3-14-17
Project: Repairs to 6th St, 18"' St, and Ansborough Avenue
Owner's Contract No. 916 Contractor: Jasper Construction Services
Date of Contract Start: 9-17-16 $ 223,910.00
You are directed to make the following changes in the Contract Documents. Description:
Replace southwest expansion joint, repair southwest backwall concrete, clean south abutment seat, provide
partial depth sidewalk patching, remove and replace southwest approach pavement, remove one damaged
lateral bracing, and provide traffic control on the Park Avenue Bridge over the Cedar River as shown in attached
sheets V.24 and V.25.
Reason for Change Order:
The abutment backwall supporting the expansion joints are failing at the southwest corner and sidewalk
concrete is spalled.
CONTRACT PRICE CONTRACT TIMES (Calendar Days)
To substantial To final
completion completion
Original: $223,910.00 Original Completion Date: 06-02-17 (All Items)
Previous CIO's (ADD/DEDUCT): $8,352.04 Previous CIO's (ADD/DEDUCT): N/A
This C.O. (ADD/DEDUCT): $ 53,065.50
Contract Price with all
approved Change Orders:
$285,327.54
This C.O. (ADD/DEDUCT): N/A
REVISED: N/A
Revised Completion Date: 06-30-17
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)
ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above,
there shall be no further time or dollar compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO.
APPROVED:
By:
OWNER (Authorized Signature) Date
ACCEPTED:
By. '—
CONTRACTuthorized Signature) Date
/7
AECOM, Inc.
60521749 / 6-1
Project Change
Number Order No.
CHANGE ORDER FORM Page CO -1
AECOM 60521749
Page 175 of 196
CHANGE ORDER NO. 6-1
Owner: City of Waterloo Date: 3-14-17
Project: Repairs to 6th St, 18th St, and Ansborough Avenue
Owner's Contract No. 916 - Contractor: Jasper Construction Services
Date of Contract Start: 9-17-16 $ 223,910.00
You are directed to make the following changes in the Contract Documents. Description:
Replace southwest expansion joint, repair southwest backwall concrete, clean south abutment seat, provide
partial depth sidewalk patching, remove and replace southwest approach pavement, remove one damaged
lateral bracing, and provide traffic control on the Park Avenue Bridge over the Cedar River as shown in attached
sheets V.24 and V.25.
Reason for Change Order:
The abutment backwall supporting the expansion joints are failing at the southwest corner and sidewalk
concrete is spalled.
CONTRACT PRICE
To substantial
completion
Original: $223,910.00
Previous CIO's (ADD/DEDUCT): $8,352.04
This C.O. (ADD/DEDUCT):
Contract Price with all
approved Change Orders:
$ 53,065.50
$285,327.54
CONTRACT TIMES (Calendar Days)
To final
completion
06-02-17 (All Items)
Original Completion Date:
Previous CIO's (ADD/DEDUCT): N/A
This C.O. (ADD/DEDUCT): N/A
REVISED: N/A
Revised Completion Date: 06-30-17
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)
ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above,
there shall be no further time or dollar compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO.
APPROVED:
By:
3/z /l -�
OWNER (Authorized Signature) Date
ACCEPTED:
By: --
'��
CONTRA T uthorized Signature) Date
ly/cryi
AECOM, Inc.
60521749 / 6-1
Project Change
Number Order No.
CHANGE ORDER FORM Page CO -1
AECOM 60521749
TRAFFIC
0
N
I
PARK AVENUE
i
V
V
TRAFFIC
1' 6±
TURN UP EXTRUSION ENDS
(TYP.)
V
A
REMOVE AND REPLACE
TOP OF DECK
PROVIDE CURB
PLATE (TYP.)
EMOVE AND REPLACE
XISTING EXPANSION DEVICE
SAWCUT
V-6
FLOORBEAM
(UAC)
EXISTING STEEL
ROADWAY PLATES
SHALL REMAIN
PROPERTY OF THE
CITY.(TO BE REMOVED
AND HAULED OFF BY
THE CITY.)
SITUATION PLAN
END OF STEEL
EXTRUSION & CURBS
END OF CONCRETE
DECK & BACKWALL
EXPANSION OPENING DETAIL
A THIS DIMENSION MAY VARY SLIGHTLY DEPENDING
ON MANUFACTURER FURNISHING THE JOINT.
USED FOR ALL OUT TO OUT DIMENSIONS OF SLAB.
0 THE DIMENSION MAY VARY SLIGHTLY DEPENDING ON
MANUFACTURER FURNISHING THE JOINT.
TOP OF DECK
OR BACKWALL
R 3x
2 -it O'-8
t
EXPANSION
JOINT
SETTINGS
STEEL EXTRUSION
1111611M••—ii
,.
TABLE OF APPROVED EXPANSION DEVICES
MANUFACTURER
TYPE OF
STEEL
EXTRUSION
NEOPRENE
GLAND
MINIMUM
OPENING FOR
GLAND
INSTALLATION
CORRESPONDING
MAXIMUM
DECK
TEMPERATURE
WATSON-BOWMAN &
ACME CORP.
A
SE -500
2 IN.
80D F.
APPROVED EQUAL
114 AT 90' F.
21 AT 500 F.
44 AT 10' F.
TOP OF DECK
OR BACKWALL
ANCHORAGE SYSTEM
AT I'-6 C{ MAX.
CEr'T inn! TLJD(ll IfsLJ in! KIT
NOTE:JOINT SETTINGS FOR
OTHER TEMPERATURES ARE
PDfDnDTI.AMAI TC\IPCDATIIDCf O�
PARK AVENUE BRIDGE
OVER CEDAR RIVER
CITY BRIDGE N0.7
FHWA NO.011831
J
NOTES:
CHANGE ORDER 6-1 INLCUDES A
NECESSARY TO COMPLETE THE
V.25. PAY ITEM IS "MISCELLAP
AND BASIS OF PAYMENT IS LU
THESE PLANS FOR MATERIAL S
NEOPRENE GLAND INSTALLATIOI
BACKWALL AND DECK CONCRETE
TO THE EXTENT THAT THE EXI
REMOVED AND THE NEW EXPAN!
REMOVALS SHALL BE INITIATE(
STRIAGHTEN CLEAN AND RE -US.
HOOPS.SUPPLEMENT DAMAGED F
DOWELS AS DIRECTED BY THE
MATCH EXISTING SIZE AND SPI
SHALL BE EPDXY COATED.
SIDEWALK PATCHING REMOVALS
HAND AND COMPRESSED AIR ME
CONCRETE IS NOT REQUIRED.R.
REQUIRED TO FACILITATE ACC(
SHALL BE DISPOSED OF OFF -SI
CONCRETE FOR SIDEWALK PATC
SURFACE PATCH APPLICATIONS.
SHALL HAVE A NEAT SURFACE
PATCHES MAY TAPER FROM THI
AS REQUIRED TO ELIMINATE TI
DECK. SEE SHEET V.25 FOR PA1
DEBRIS SHALL BE REMOVED FRI
ABUTMENT WITH HAND AND C0I
THE DAMAGED LATERAL BRACIN
OFF-SITE. THE BRACING SHALL
LOCATION AS DIRECTED BY THI
SIDEWALK CLOSURES AND TRAF
OTHER BRIDGE SITES ON THE F
Park,
tem
Removals, As Per Plan
Structural Concrete (Misc.)
Reinforcing Steel, Epoxy Coate
Steel Extrusion Joint With Neo
Neoprene Gland Installation ar
Safety Closure (Includes Sidew
Traffic Control
Mobilization
Remove Lateral Bracing
Clean Abutment Seat
Partial Depth Sidewalk Patchin
Bridge Approach Pavement Rei
PARK
MISCEL
Light Pole
34.2 SF
17.1 SF
7.3 SF
��-Light Pole
oEl
South bound lanes
North bound lanes
4.6 SF � X29.1 SF
8.2 SF
Light Pole 14.7 SF Light Pole
6.7 SF 18.4 SF
ian 1.0 SF to patch - 16 total at 209.1 SF -
3 SF) and 12 east side (148.8 SF)
.0 SF to patch - 41 total -14 west side and 27 east side
ighly 100 spot patches generally 0.25 SF in area
Light Pole
Ex. Steel Plates
4.6 SF
Cedar River
Light Pole
Light Pole
4.6 SF
13.6 SF
11.8 SF
25.4 SF
Light Pole
7.1 SF
1
CITY OF WATERLOO
Council Communication
Hwy 218 Design Review Board minutes ofAugust 23, October 4 and November 1, 2016.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 3/15/2017 - 10:32 AM
Clerk Office Higby, Nancy Approved 3/15/2017 - 11:28 AM
ATTACHMENTS:
Description Type
D DRB Minutes 8/23/16 Cover Memo
D DRB Minutes 10/4/16 Cover Memo
D DRB Minutes 11/1/16 Cover Memo
SUBJECT:
Submitted by:
Hwy 218 Design Review Board minutes ofAugust 23, October 4 and
November 1, 2016.
Submitted By:NoelAnderson, Community Planning and Development
Director
Page 178 of 196
MINUTES
HIGHWAY 218 DESIGN REVIEW BOARD
REGULAR MEETING — 2:00 P.M August 23, 2016
First Floor Conference Room — City Hall
Jaacks called the regular meeting of the Highway 218 Design Review Board to order at 3:00 p.m. in the First
Floor Conference Room at City Hall.
I. Roll Call
The following members were present: Carty, Hannam (3:04 p.m.), Jaacks, Jordan -Burg, Ottesen, and
Weber. Member(s) absent: None. Staff in attendance was Schroeder, Andera, Dornoff and Hyberger.
II. Approval of the August 23, 2016 Agenda
It was moved by Ottesen, seconded by Weber to approve the agenda as submitted Motion carried
unanimously.
I. Approval of the minutes from the September 9, 2015 Regular Meeting, and the September 17, 2015,
December 3, 2015 and April 26, 2016 e-mail votes.
It was moved by Weber, seconded by Ottesen to approve the Minutes from the September 9, 2015
Regular Meeting, and the September 17, 2015, December 3, 2015 and April 26, 2016 e-mail votes.
Motion carried unanimously
IV. Decision Items
1. 2086 Howard Avenue — Peters Construction on the behalf of MTRE, LLC
Request to construct a 7,804 SF addition to Bauer Built Tires
Andera gave the staff report noting that staff is recommending approval of the request with the
condition that additional windows or signage be added to the west wall of the building to break up the
monotonous facade that is not consistent with the Highway 218 Design Guidelines. Andera also
noted that the site is over 1.69 acres in size and the proposed landscaping plan does not meet the
number of required landscaping points. Andera noted that due to the lot being over an acre in size, it
qualifies under the alternative compliance provision. Andera noted that most of the site is paved and
it would be difficult to plant new landscaping, as well as noting that the request is a good candidate
for the alternative compliance provision. Andera noted that in the motion for the request, the Design
Review Board would need to note alternative compliance to the landscaping requires.
Larry Reuter, Peters Construction, noted that new siding would also be installed on the building that
is currently on the site. Ottesen questioned if signage on the west wall of the building was sufficient
enough. Reuter indicated that the west elevation of the building is not very visible from Highway
218, due to it being obstructed by the building located at 2072 Howard Avenue. Dan Channer,
Struxture Architects noted that the west wall is also obscured by landscaping on the west side of the
site. Reuter noted that the wall that appears to need additional windows is the south wall of the
addition.
It was moved by Carty, seconded by Jordan -Burg to approve the request, and granting alternative
compliance to the landscaping requirements, to allow for the construction of a 7,804 SF addition,
Waterloo.8342.1.DRBMin 8 23 16.docx
Page 179 of 196
HIGHWAY 218 DESIGN REVIEW BOARD
August 23, 2016
located at 2086 Howard Avenue, with the condition that additional windows be installed Motion
carried unanimously.
2. 2219 La Porte Road — David Hellman
Request to construct a 48'x 120' (5,760 SF) post frame building for the purposes of establishing a
kennel.
Andera gave the staff report noting that staff is recommending approval of the request with the
condition(s) that 1) the applicant submit a proper landscaping plan that details calipers, species and if
it will be an understory or overstory tree, 2) that six more parking stalls are added to the vehicular use
area to meet the parking requirements for the use, and 3) that additional windows or signage be added
to the north, south and west walls to break up the monotonous facades that are not consistent with the
Highway 218 Design Guidelines.
Schroeder noted that new plans have been submitted by the applicant and it appears the new plans
satisfy the conditions of the staff report. Schroeder also noted that the new parking lot would need to
be at least 13' from the house to the north , as any vehicular use area needs to be 8' from a property
line and the house would need to be 5' from the property line if it is ever split off from the parcel in
question.
Steve Hellman, representative of the applicant questioned what the setback for the new building
would be from La Porte Road. Schroeder noted that it would need to be 25' from that front property
line. Hellman also noted that they are looking at having all the kennels on the east side of the
building now and no longer on the west side of the building facing towards La Porte Road.
Schroeder noted that the view from Highway 218 needs to be aesthetically appealing, as well as from
La Porte Road, as it is developing commercial corridor.
Jaacks noted that he assumes there will be many trees planted along Highway 218. Hellman noted
that many trees would be planted to the east of the building to screen the kennels from Highway 218.
Jaacks also noted that he has driven by the applicant's facility in Cedar Rapids and it is a very well
maintained facility.
Chris Fischels, Sulentic-Fischels Realty, noted that he is the property owner of vacant land directly
across the street and west of the site in question, and he believes this will be a good project for the
area.
Schroeder noted that he is not opposed to kennels along the La Porte Road side, but would prefer that
they be on the east side of the building. Schroeder noted that Highway 218 is a higher speed roadway
with less visibility time, as opposed to La Porte Road, which is a lower speed roadway.
Andera questioned if there will be any signage on the property. Hellman noted that there will be a
larger sign along Highway 218, and a smaller sign along La Porte Road.
It was moved by Hannam, seconded by Carty to approve the request with the condition(s) that 1)
the applicant submit a proper landscaping plan that details calipers, species and if it will be an
understory or overstory tree, 2) that six more parking stalls are added to the vehicular use area to
meet the parking requirements for the use, and 3) that additional windows or signage be added to
the north, south and west walls to break up the monotonous facade, 4) that the dog kennels can be
moved to the east side of the building, and 5) that a signage plan is submitted
Waterloo.8342.1.DRBMin 8 23 16.docx
Page 180 of 196
HIGHWAY 218 DESIGN REVIEW BOARD
August 23, 2016
V. Discussion Items
There were no discussion items.
VI. Adjournment
With no further business to discuss, it was moved by Hannam, seconded by Weber to adjourn the
meeting. Motion carried unanimously and the meeting adjourned at 3:37 p.m.
Respectfully submitted,
Tim Andera,
Planner II
Waterloo.8342.1.DRBMin 8 23 16.docx
Page 181 of 196
MINUTES
HIGHWAY 218 DESIGN REVIEW BOARD
REGULAR MEETING — 2:00 P.M. October 4, 2016
First Floor Conference Room — City Hall
Weber called the regular meeting of the Highway 218 Design Review Board to order at 2:00 p.m. in the First
Floor Conference Room at City Hall.
I. Roll Call
The following members were present: Carty, Hannam (2:00 p.m.), Jordan -Burg, Ottesen, and Weber.
Member(s) absent: Jaaks. Staff in attendance was Andera and Hyberger.
II. Approval of the October 4, 2016 Agenda
It was moved by Jordan -Berg, seconded by Weber to approve the agenda as submitted Motion carried
unanimously.
I. Approval of the minutes from the August 23, 2016 meeting.
It was moved by Carty, seconded by Jordan -Berg to approve the Minutes from the August 23, 2016
meeting. Motion carried unanimously
IV. Decision Items
1. 218 W Mullan Ave. — Kirk Gross Co. on the behalf of DUPACO Credit Union
Request to renovate and construct a 1,324 addition to the DUPACO Credit Union
Hyberger gave the staff report noting that staff is recommending approval of the request with the
condition that a landscape plan is developed in compliance with the Highway 218 Corridor Overlay
District design guidelines. Bob Zandy with Kirk Gross Company was there to represent the
DUPACO Credit Union. Zandy stated that the property once remodeled will have more land devoted
to landscaping than before, but shall have more than adequate parking to meet the zoning regulations
and the Highway 218 Corridor Overly District guidelines. Zandy also stated that one of the current
drive though lanes shall be removed as well. Hyberger asked Mr. Zandy if there shall be any new
signing proposed for the renovation. Zandy indicated that there will be a pole sign, directional signs,
and wall sign.
Weber indicated she would like to see a landscape plan for the property and if there was any
landscaping now. Zandy indicated that the site currently has three large maple trees and that he shall
provide a copy of the Landscape Plan to the Highway 218 Design Review Board once a contractor
has been selected and a draft of the Landscape Plan has been completed.
It was moved by Weber, seconded by Carty to approve the request to renovate and construct a
1,324 addition to the DUPACO Credit Union, located at 218 W Mullan Ave., with the condition
that the Landscaping Plan is forwarded to the Highway 218 Design Review Board for an email
vote. Motion carried unanimously.
V. Discussion Items
There were no discussion items.
Waterloo.8343.1.DRBMin 10 4 16.docx
Page 182 of 196
HIGHWAY 218 DESIGN REVIEW BOARD
October 4, 2016
VI. Adjournment
With no further business to discuss, it was moved by Jordon -Berg, seconded by Ottesen to adjourn
the meeting. Motion carried unanimously and the meeting adjourned at 2:14 p.m.
Respectfully submitted,
Seth Hyberger,
Planner I
Waterloo.8343.1.DRBMin 10 4 16.docx
Page 183 of 196
MINUTES
HIGHWAY 218 DESIGN REVIEW BOARD
REGULAR MEETING — 2:00 P.M November 1, 2016
First Floor Conference Room — City Hall
Weber called the regular meeting of the Highway 218 Design Review Board to order at 2:00 p.m. in the First
Floor Conference Room at City Hall.
I. Roll Call
The following members were present: Carty, Jordan -Burg, Ottesen, and Weber. Member(s) absent:
Jaacks and Hannam. Staff in attendance was Andera and Hyberger.
II. Approval of the November 1, 2016 Agenda
It was moved by Carty, seconded by Weber to approve the agenda as submitted Motion carried
unanimously.
I. Approval of the minutes from the October 4, 2016 meeting.
It was moved by Ottesen, seconded by Weber to approve the minutes from the October 4, 2016
meeting. Motion carried unanimously
IV. Decision Items
1. 325 W 11 Street — Replacement Sign for Campbell's Supply Company
Request to replace existing 12' X 48' (576 SF) 3MM Polymetal Wall Sign
Hyberger gave the staff report noting that staff is recommending approval to allow for the
replacement of the existing 12' X 48' (576 SF) 3MM Polymetal Wall Sign. Robert Campbell and
Brian Johnson with Campbell's Supply Company, and Brian Buss with Nagel Signs were there to
represent the applicant. Weber stated that it appears the proposed sign is similar to what is there. Buss
noted that the size of the sign will not change. Buss also noted that you can change the face of the
cabinet without a permit, but replacing the cabinet requires a permit.
Ottesen later asked if the size of the sign is needed for a higher speed on Highway 218, or could a
smaller sign work? Johnson stated yes, he believes a larger sign is needed due to speed. Campbell
also noted logos are recognizable to contractors when traveling through for work in Town. It is easy
to see and gets people to stop at the business. Carty also noted it is easier to recognize the logos.
Andera noted we shall make note of the Highway 218 Design Review Board decision at the Waterloo
Board of Adjustment meeting on November 22, 2016.
It was moved by Weber and seconded by Carty to approve the request to allow for the replacement
of the 12' X 48' 3MM Polymetal Wall Sign for Campbell's Supply Company located at 325 W 11th
Street Motion carried unanimously.
V. Discussion Items
There were no discussion items.
Waterloo.8344.1.DRBMin 11 1 16.docx
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HIGHWAY 218 DESIGN REVIEW BOARD
October 4, 2016
VI. Adjournment
With no further business to discuss, it was moved by Carty, seconded by Ottesen to adjourn the
meeting. Motion carried unanimously and the meeting adjourned at 2:15 p.m.
Respectfully submitted,
Seth Hyberger,
Planner I
Waterloo.8344.1.DRBMin 11 1 16.docx
Page 185 of 196
CITY OF WATERLOO
Council Communication
Planning & Zoning Minutes of January 10 and February 7, 2017.
City Council Meeting: 3/20/2017
Prepared: 3/15/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 3/15/2017 - 11:03 AM
Clerk Office Higby, Nancy Approved 3/15/2017 - 11:29 AM
ATTACHMENTS:
Description Type
D P & Z minutes 1/10/17 Cover Memo
D P & Z minutes 2/7/17 Cover Memo
SUBJECT:
Submitted by:
Planning & Zoning Minutes of January 10 and February 7, 2017.
Submitted By:NoelAnderson, Community Planning and Development
Director
Page 186 of 196
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING AND ZONING COMMISSION
REGULAR MEETING - 4:00 P.M. January 10, 2017
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Holdiman at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall.
Members present were: Donat, Gustafson, Hall, Miehe and Holdiman.
Members absent were: Tackett, Flynn, and Tyson
Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, John Dornoff and Seth
Hyberger - Planning Department and approximately 18 citizens.
I. Approval of the Agenda
It was moved by Miehe, seconded by Hall, to approve the agenda as submitted Motion carried
unanimously.
II. Approval of the Minutes from the Regular Meeting on November 1, 2016.
It was moved by Gustafson, seconded by Donat to approve the minutes.
III. Financial Report: November 2016
Anderson gave the financial report indicating that percentage wise the budget is on track we are 41.6%
through the year.
The financial report was received and placed on file.
W. Oral Presentations
No oral comments.
V Agenda Items
A. Hearings — Site Plan Amendments and Rezones
1. Request by Jon Hauptly for a site plan amendment to the "C -P" Planned Commercial District to allow
for construction of a 12,000 SF Indoor Recreation Building and 71 -stall parking lot, located northeast
of 1844 East Ridgeway Avenue, along the east side of Provision Parkway, Lot 3 of Village West
Subdivision.
It was moved by Gustafson and seconded by Miehe to receive and place on file the statement of
verification at 4:03 p.m. Motion carried unanimously and Holdiman declared the hearing open.
Andera gave the staff report indicating staff was recommending approval of the rezone request with the
following conditions that 1) The final site plan meets all applicable city codes including but not limited to,
parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment,
2) That an effective visual screen consisting of spruce, firs, pines, or arborvitaes is provided along the north
property line extending from a point even with the front of the parking, eastward to a point even with the
rear of the building or rear of the parking, whoever extends closer to the rear property line to screen the
north wall of the building and vehicular use area from the residences to the north along Jane Street, and 3)
that a second ingress/egress point or circular parking layout is added to the site to facilitate a proper traffic
flow to and from the location and meet Fire Code requirements.
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Planning and Zoning Commission
January 10, 2017
Donat questioned if the concerns raised at the technical review committee have been addressed or where
they address in the conditions of approval in the staff report. Andera stated that the fire code issues will be
address through the building permit process along with fire hydrant locations. Applicant is supposed to get
back to planning staff concerning peak hour traffic. Gustafson asked if the issue with the number of
restroom stalls had been address and Andera indicated that Greg Ahlhelm from building inspections who
does commercial reviews stated that the restrooms provided are satisfactory.
Jon Hauptly the applicant handed out drawings and noted that there is existing trees between the site and
Jane Street. He also stated that the engineer Adam Daters said that a single lane access for the fire trucks
can be added. He also stated that the peak hours for traffic would be from 5pm to 7pm with about 40 kids
and they are looking to eventually expand the building. Holdiman asked where the single lane would be
and the applicant showed on the screen the location of the second entrance and noted how it would have to
change anyway when the building occupant expands.
It was moved by Hall, seconded by Miehe to close the Public Hearing. Motion carried unanimously.
The public hearing was closed at 4:19 p.m.
It was moved by Miehe, seconded by Gustafson to approve the site plan admentment request with the
condition conditions that 1) The final site plan meets all applicable city codes including but not limited
to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan
amendment, 2) That an effective visual screen consisting of spruce, firs, pines, or arborvitaes is
provided along the north property line extending from a point even with the front of the parking,
eastward to a point even with the rear of the building or rear of the parking, whoever extends closer to
the rear property line to screen the north wall of the building and vehicular use area from the
residences to the north along Jane Street, and 3) that a second ingress/egress point or circular parking
layout is added to the site to facilitate a proper traffic flow to and from the location and meet Fire
Code requirements. Motion carried unanimously.
2. Request by Tum Tum to rezone approximately 0.456 acres of land from "R-4" Multiple Residence
District to "R-4, C -Z" Multiple Residence, Conditional Zoning District for the purposes of allowing a
grocery/retail store, located at 915-919 W. 4th Street
It was moved by Donat and seconded by Gustafson to receive and place on file the statement of
verification at 4:22 p.m. Motion carried unanimously and Holdiman declared the hearing open.
Hyberger gave the staff report indicating staff was recommending approval of the rezone request as the
request would not appear to have a negative impact on the surrounding area, is a compatible
neighborhood use and the request would not appear to have a negative impact upon pedestrian and traffic
conditions within the surrounding area.
Donat asked why on page 28 it says it could have a negative impact on the surrounding neighborhood,
but in the staff recommendations that it says that it would be a compatible use. Hyberger answered that
while this part of 4th street doesn't have, there is a variety of uses in the area including residential, high
density residential, and commercial offices with retail nearby, and should conform to the area, although it
would conform more to a C2 district, it is appropriate for the site.
Donat then asked why hasn't this area been rezoned C2 if that would be more appropriate for the area.
Chuck Heene, 3232 Osage Rd Waterloo responded that there is commercial all around the area and
Hyberger pointed out that it is getting reuse out of a building that is currently vacant.
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Planning and Zoning Commission
January 10, 2017
Marry Potter 207 Leland Ave, President of the Church Row Neighborhood, said that they are trying to
attract good businesses to the area. They are opposed to new liquor stores in the area, they were opposed
to Dollar General because of the possibility of liquor and stated that Dollar General tried to get a liquor
license just after they opened. She stated that the empty stores along 5th seem to be a more appropriate
place for this type of business. Putting in a business for the sake of utilizing it does not make sense for
the neighborhood. The neighborhood would like a nice grocery store that they can walk to, not
necessarily a oriental store, a store with a pharmacy would help the neighborhood. Hall asked Potter if
she has had an opportunity to meet with the applicant and the answer was no. Holdiman also noted that
Dollar General said they would not sell liquor and then applied for a permit to sell beer and wine. Heene
stated that the business owner of the store would know better about his sales and marketing than Potter
does. Anderson noted that it is in an overlay district so they would not be able to sell liquor in that store.
Susan Lance owns property south of this property and is supportive of Heene as he has been a good
neighbor although they also do not want to see a liquor store in the area.
It was moved by Hall, seconded by Miehe to close the Public Hearing. Motion carried unanimously.
The public hearing was closed at 4:40 p.m.
Hall stated that the Church Row neighborhood has done a lot of work to improve the area and he would
make a motion to table the item for 30 days so that the applicant and the neighborhood would be able to
meet. Heene indicated that he would like to move ahead after having to wait a month already, Hall
withdrew his motion.
It was moved by Hall, seconded by Donat to approve the rezone from "R-4" to "R -4,C -Z" for the
reasons given with strong encouragement for the applicant and the neighborhood to meeting before
the city council meeting. Motion carried unanimously.
3. Request by CRF Rentals to rezone approximately 2.57 acres of land from "R-1" One and Two Family
Residence District to "R-1, C -Z" One and Two Family Residence, Conditional Zoning District to allow
for all uses in a "R-2" One and Two Family Residence District, and a daycare and professional office
located at 234 S. Hackett Road
It was moved by Gustafson and seconded by Donat to receive and place on file the statement of
verification at 4:44 p.m. Motion carried unanimously and Holdiman declared the hearing open.
Hyberger read the staff report recommending approval of the rezone as the request would not appear to
have a negative impact on the surrounding area, the request would not appear to have a negative impact
upon pedestrian and traffic conditions within the surrounding area, and the request would allow a vacant
structure to be reused for a purpose that will have minimal impacts to the neighborhood.
Donat asked that since there is no sidewalks in the area would there be a safe place for children to play;
with Hyberger responding that it is over 2 acres so there would be safe places for children to play, and the
building used to be used as a preschool with Holdiman responding that any daycare would have to meet
state standards.
Hall asked about complete streets and sidewalk infill. Schroeder who is a member of the Complete Streets
Advisory Committee said that the committee has not done a city-wide intensive study of sidewalk infill but
is looking at it, in addition with some rezoning requests staff has recommended sidewalks were gaps are
short even if it might not connect to other sidewalks immediately but would be connected in a reasonable
amount of time. Hall stated that is has probably been 50 years since this property has been redeveloped and
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Planning and Zoning Commission
January 10, 2017
probably another 50 years before it is again and at some point, we need to be more forward thinking on the
sidewalk issue.
Jim Koeppel 206 S. Hackett whose property borders this property to the north asked what this zoning
would mean to which Schroeder responded that it would be conditional to the uses that they are applying
for which means either professional office or a daycare in addition to one and two family homes allowed in
the "R1" zone. No other uses would be permitted. Keppel stated that he and his two immediate neighbors
to the west have significant runoff issues and if there are changes to the lot, they will be affected.
Don Miller 203 Westbourne also stated they have runoff issues and questioned how many lots could be put
in if they demolished the church and other questions pertaining to possible uses to the building and about
the panhandle of the lot which is 60' wide, so would it be able to have a building put on it. He also asked if
it is offices would it be one office or split up into 50 little cubicles. Schroeder said that minimum lot size in
an R1 zone is 75' wide but looking just at the square footage they would be able to put 12 lots but in reality
fewer than that. Also, from a planning and zoning standpoint it doesn't matter if it is one big office or 50
small offices it would be treated the same. Anderson also noted that if they were proposing to make major
additions to be building or tearing it down then they would have to create a new site plan and would have
to present it to the Planning and Zoning Commission.
Roger Smith 1850 Castle Street, stated that Hackett street cannot handle the additional traffic from a
hundred more people driving there and they are getting flooded out, and don't need all these additional
neighbors. The city also needs to start to require everyone to put in a sidewalk because it has to start
somewhere. Gustafson asked if they ever talked to the church about it when it was open as a church.
Schroeder noted that staff did not feel it would have a negative impact on traffic comparing the use from a
church and pre-school to professional offices or daycare. Gustafson said that even if the property sits
vacant there would be run off issues but what the purpose of this is to take a building what would sit and
deteriorate and give it a use.
John Buck 153 S. Hackett stated a daycare would have more kids than a pre-school and there is already
plenty of them in the area, and he was afraid this is a ruse to allow business in the area then more of them
will want to change to commercial along Hackett. He suggested if worried about it being empty it should
be torn down and turned into single-family homes.
Holdiman reiterated that if this zone change were approved that it could only be used for a daycare or
professional office and that any other use would be a violation.
Chris Fischels 4736 Yellowstone Drive the applicant for the rezone said that he put an offer on the property
conditioned on approval of the rezone. He would like to spend a $100,000 upgrading the property making
it look nice but did not want to offend the neighbors. He said that it would most likely be offices, but
wanted the option as a daycare, and that if the neighbors did not want the use, he would withdraw his
application and not buy the property. Several residents indicated that they would not be opposed if it would
only be used for what the applicant indicated.
It was moved by Hall, seconded by Miehe to close the Public Hearing. Motion carried unanimously.
The public hearing was closed at 5:27 p.m.
It was moved by Hall, seconded by Gustafson, to approve the rezone from "RI" to "Rl, CZ"for the
reasons given. Motion carried unanimously.
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Planning and Zoning Commission
January 10, 2017
B. Special Permits
1. Request by Hawkeye Community College Merged for a special permit for construction of a classroom
and parking improvements within a "A-1" Agricultural District located at 6315 Hammond Avenue.
Dornoff read the staff report recommending approval of the request on the condition that it meet all applicable
city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc.,
except as approved by the Board of Adjustments.
Donat asked if the questions about drainage had been answered and Dornoff responded that staff was still
waiting on final plans but noted that construction would not begin until those questions had been
answered.
It was moved by Gustafson, seconded by Hall, to approve the special permit for the reasons and
conditions given by staff. Motion carried unanimously.
C. Final Plats
1. Request by XL Colt Farms, LLC for final plat of Audubon Hills First Addition, a 14 -lot subdivision
north of 1554 Dakota Drive
Dornoff gave the staff report recommending approval of the final plat with the condition that the plat is
updated and additional documents are submitted as requested by staff before the request is sent to city
council. Dornoff also noted that since the staff report was printed the engineer for the project got
approval for a street name, drainage plan had been submitted, the location of the utility connection was
approved by engineering, the easement for development to the east added, and -the location of clustered
mailboxes were answered.
Donat asked about the Deed of Dedication for the project. Eric Johnson 129 Crabapple representing the
applicant noted that after negotiation with the neighborhood it was agreed that they would only have out
buildings on the lots along Red Tail Drive facing US Highway 20 and those lots are not being developed
yet.
It was moved by Hall, seconded by Miehe, to approve the request for an final plat with the conditions
stated. Motion carried unanimously.
VI. Discussion Items
No discussion items.
VII. Adj ournment
It was moved by Hall, seconded by Miehe, to adjourn the meeting at 5:47 p.m. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner I
-5
Page 191 of 196
MINUTES
CITY OF WATERLOO, IOWA
PLANNING, PROGRAMMING AND ZONING COMMISSION
REGULAR MEETING - 4:00 P.M. February 7, 2017
The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order
by Chairperson Holdiman at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall.
Members present were: Donat, Gustafson, Hall, Miehe, Tyson, Tackett (4:15pm) and Holdiman.
Members absent were: Flynn
Others present: Aric Schroeder, Chris Western, Tim Andera, John Dornoff and Seth Hyberger - Planning
Department, Eric Thorson — Engineering, Jerome Amos -City Council, and 2 citizens.
I. Approval of the Agenda
It was moved by Hall, seconded by Gustafson, to approve the agenda as submitted Motion carried
unanimously.
II. Approval of the Minutes from the Regular Meeting on November 1, 2016.
It was moved by Tyson, seconded by Hall to approve the minutes as ammended
III. Financial Report: December 2016
Schroeder gave the financial report indicating that percentage wise the department is on track. Gustafson
asked what percentage of the year and why are we looking at December but we are through January.
Schroeder noted that we are 50% through the year and that this report is for December and next month
we will have January. Donat asked what it meant that we are at 43% in the second to last column of page
one and Schroeder responded that is for rent and leases and that we are within the realm of where we
should be.
The financial report was received and placed on file.
W. Oral Presentations
Charles Pierson Davenport, IA discussed his African-American trail project that he has been working on
for three years and feels that the Grout and the planning department took credit for his project. He also
feels that the Historic Preservation Commission only works on buildings but does nothing to preserve the
stories of the city and community. Gustafson asked for Pierson to wait to after the meeting so that
commission could talk to him more.
V Agenda Items
A. Special Permit
1. Request by by the City of Waterloo for a special permit to allow for construction of a 60' X 80' 4800SF
Pole Building within an "M -2,P" Planned Industrial District, located approximately 1/4 of a mile to the
north of 2871 Independence Avenue.
Dornoff gave the staff report recommending approval of the special permit. Donat asked what a "pole"
building was and Schroeder stated that it is a type of construction that uses pole or post framing as apposed
to footings.
Page 192 of 196
Planning and Zoning Commission
January 10, 2017
Tackett asked about the water situation and if the worry is about a fire. Schroeder stated that before a
building permit is issued they would have to have a more complete site plan showing access points to be
building and how they would be getting water to it. Schroeder suggested adding to the staff
recommendation the standard language that the building me all applicable city codes including but not
limited to, parking, landscaping, drainage, etc.
Donat asked about the water issue to which Schroeder responded that there is not water to the site but there
is several spots in the area water so Waterworks will have to evaluate the best option for serving the site.
It was moved by Gustafson, seconded by Tackett to approve the special permit request with the
condition that 1) The final site plan meets all applicable city codes including but not limited to,
parking, landscaping, drainage, etc., except as approved by the Board of Adjustments.
B. Vacation
1. Request by by John & Dan Properties, LLC to vacate city right of way along San Marnan Drive
between Bankers Blvd and Hurst and retaining utility easements as required.
Andera read the staff report recommending approval of the vacation with the condition that a properly sized
utility easement is retained over, under and upon that portion of the area to be vacated deemed necessary by
impacted utility companies.
Gustafson asked that in the staff report, it talks about overhead power lines and underground utilities such as
sewer and water but in the recommendations it only mentions utilities and Andera stated that the utility
easement can cover both.
It was moved by Hall, seconded by Hall to approve the vacation with the condition of retaining utility
easements as required Motion carried unanimously.
C. Encroachment Agreement
1. Request by BW Gas & Convenience Real Estate, LLC for an encroachment agreement at the corner of
Franklin and Nevada Street for a pole sign and parking within the public street right-of-way.
Hyberger read the staff report recommending the approval of the encroachment agreement with the
condition that a singed and executed Encroachment Agreement with the owner indicating the 20' pole
sign may have to be removed and replaced at the owner's expense in the event the city needs access to
the public right-of-way.
Tackett asked if the applicant was looking to add electronics to the sign or other major changes to which
Hyberger responded that they are looking to replace the existing sign that has been there for decades and
that it will probably indicate the price of gas but will use existing pole and electric.
Holdiman asked if this came up when they applied for a sign permit and Hyberger confirmed that when
they came in for the sign permit he noticed that it was in the right-of-way and that began this process.
Planning department is not sure what happened whether it was put in on the right-of-way without
knowledge or if Franklin and Nevada were redesigned at one time.
Donat asked if there was any discussions about them moving the sign out of the right-of-way to which
Schroeder responded that they are only replacing the cabinet and if they were required to move the entire
sign it would be more costly and Schroeder also noted that the agreement would cover a small section of
their parking in the northeast corner next to the sign. Donat also asked if the sign meets the specifications
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Planning and Zoning Commission
January 10, 2017
of the sign ordinance to which Hyberger responded that they do meeting the requirements.
It was moved by Tyson, seconded by Donat, to approve the request for the encroachment agreement
for the sign and the parking area with the conditions stated Motion carried unanimously.
VI. Discussion Items
Hall responded to the allegations of Pierson stating that the Grout does an incredible job and that they are
a business and have to make decisions on what is viable economically for them to do.
VII. Adj ournment
It was moved by Hall, seconded by Donat, to adjourn the meeting at 4:50 p.m. Motion carried
unanimously.
Respectfully submitted,
John Dornoff,
Planner I
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Page 194 of 196
CITY OF WATERLOO
Council Communication
Communication from the Community Planning & Development Department on the notice of the conclusion of
employment for Nancy Gulick, Community Development Coordinator, effective March 3, 2017 with
recommendation of approval of payout of $10,352.04 for unused benefits.
City Council Meeting: 3/20/2017
Prepared:
REVIEWERS:
Department Reviewer Action Date
Human Resources Higby, Nancy Approved 3/15/2017 - 9:54 AM
Clerk Office Higby, Nancy Approved 3/15/2017 - 9:54 AM
ATTACHMENTS:
Description
SUBJECT:
Type
Communication from the Community Planning & Development Department
on the notice of the conclusion of employment for Nancy Gulick,
Community Development Coordinator, effective March 3, 2017 with
recommendation of approval of payout of $10,352.04 for unused benefits.
Submitted by: Submitted By:
Page 195 of 196
CITY OF WATERLOO, IOWA
To: City Council Members
Re: Notice of Severance
CITY HALL 715 MULBERRY STREET 50703
Department Community Planning & Development
Today's Date: 3/6/2017
Effective Date: 3/3/2017
Employment Date: 3/30/1987
Job Title/Classification Community Development Coordinator
This is to report that the employment of Nancy Gulick
with the City of Waterloo has been severed by reason of:
El Retired
Disability Related 0 No 0 Yes
O Resigned
O Termination
O Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Comments:
Benefits
Total Hours
(x) Hourly Rate
Total Payout
Vacation -Accrued
34
$ 33.72
$1,146.48
Vacation -Current
240
$ 33.72
$8,092.80
Usable Sick Leave
25
$ 33.72
x 25%
$210.75
Frozen Sick Leave
x 60%
Personal Hours
26.75
$ 33.72
$ 902.01
Comp Time Pay
$
Unscheduled Leave
$ -
Other Pay
$ -
Total Payment
$ 10,352.04
Approved by,
Human Resources(
Date
Date
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk (Copy in Personnel File)
Clerk's Office will forward copy of approved form to Department and Human Resources
Council Agenda Date: 3/zbill 7 0 Accruals ❑Status 0-9
Updated 6/28/11