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Council Packet - 4/3/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, April 3, 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 243 Roll Call. Prayer or Moment of Silence Rev. Daniel A. Voigt , Associate Pastor, Westminster Presbyterian Church Pledge of Allegiance Midwest Highschool Hockey League Champions, Waterloo Warriors Agenda, as proposed or amended. Minutes of March 27, 2017, Regular Session, as proposed. Proclamation declaring April 2017 as Sexual Assault Awareness Month. Proclamation declaring April 2 - 8, 2017, as Crime Victims' Rights Week Proclamation declaring April 2017 as Child Abuse Prevention Month. Proclamation declaring April 2017 as Limb Loss Awareness Month. Recognition of the Waterloo Warriors, 2017 Midwest High School Hockey Champions. Presentation by Lyndsey Anderson, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 8, 2017. ORAL PRESENTATIONS I owa 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. Mayor and Council Monthly Reports 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, form of contract etc., and setting date of bid opening as April 20, 2017 and date of public hearing as April 24, 2017 for the purchase of one (1) automated side -load garbage truck and Page 2 of 243 instruct City Clerk to publish said notice. Submitted By: Mark Rice, Public Works Director 3. Resolution setting date of public hearing as April 17, 2017 to review funding recommendations of the Community Development Board, for FY 2018 One-year Action Plan for CDBG and HOME Funds, for the Waterloo/Cedar Falls HOME Consortium. Submitted By:Rudy D. Jones, Community Development Director 4. Resolution approving the assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 1112 Amherst Avenue - $741.75 1221 West 6th Street - $1,179.37 212 Lafayette Street - $5,159.99. Submitted By: Matt Mahler, General Manager 5. Resolution approving the request from SingleSpeed Brewing Company in cooperation with Waterloo Convention and Visitors Bureau and Trekman Racing to hold the SingleSpeed Beer Mile on June 10th, 2017, with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets as well as a closure of the SingleSpeed Brewing Co. parking lot, located at 325 Commercial Street. Submitted By: Joe Leibold, Captain of Police Services 6. Request of RiverLoop Amphitheatre, Inc. for a variance to the Noise Ordinance from May 1, 2017 through November 15, 2017 from 10:00 a.m. to Midnight in conjunction with musical concerts, wedding receptions and private parties to be held at Riverloop Amphitheatre & Expo Plaza on the west side of Cedar River including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted By: Joe Leibold, Captain of Police Services 7. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from New Star, 315 Fletcher Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor violation -first offense. Submitted By: David R. Zellhoefer, Waterloo City Attorney 8. Resolution approving abatement of assessment for 3652 Burton Avenue in the amount of $164.97, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 9. Resolution approving request of Brent Richmond for a waiver for a concrete driveway to be located at 713 Ricker Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right of way on an unimproved street. Submitted By: Eric Thorson, PE, City Engineer 10. Resolution approving abatement of assessment for parcel number 8913-23-477- 006 in the amount of $400.00, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk B. Motion to approve the following: Page 3 of 243 1. TRAVEL REQUESTS a. Jon Martin, Rehabilitation Specialist Class/Meeting: Foundation in HUD Environmental Review Destination: Denver, CO Dates: April 24-28, 2017 Amount not to exceed: $1,825.00 b. Matt Chesmore, Rehabilitation/Relocation Specialist Class/Meeting: Foundation in HUD Environmental Review Destination: Denver, CO Dates: April 24-28, 2017 Amount not to exceed: $1,825.00 c. Inv. Pohl Class/Meeting: 2017 National Cyber Crime Conference Destination: Norwood, MA Dates: April 23-27, 2017 Amount not to exceed: $2,633.00 2. LIQUOR LICENSES a. Amalgamated Local 838 UAW, 2615 Washington Street *OWNERSHIP UPDATE* Class: C Liquor New Application Includes Sunday Expiration Date: 2/28/2018 b. Casey's General Store #2879, 3260 University Avenue *OWNERSHIP UPDATE* Class: C Beer Renewal Application Includes Sunday Expiration Date: 4/18/2018 c. Casey's General Store #2880, 1604 LaPorte Road Class: B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 4/18/2018 d. HyVee Gas #2, 2221 Logan Avenue Class: E Liquor / B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 3/23/2018 e. J's R&B Lounge, 501 Independence Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 4/6/2018 f. SACS Neighborhood Pub, 2000 Hawthorne Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 1/31//2018 Page 4 of 243 g. Sunnyside Country Club, 1600 Olympic Drive *OWNERSHIP UPDATE* Class: A Liquor Renewal Application Includes Sunday Expiration Date: 4/13/2017 h. Waterloo Softball Association, 1139 Josephine Street Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 4/16/2018 3. Bonds PUBLIC HEARINGS 2. Amendment to City of Waterloo Zoning Ordinance No. 5079 regarding billboard and off -premise advertising, residential fence coverings, regulations for indoor and outdoor recreational uses, floodway regulations (drainage and detention facilities), wireless communication facilities, and other miscellaneous updates. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING- No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition—Billboard and Fence, Residential, Section 10-8-1(A)(4) and (10), "R-1" District Principal Permitted Uses, Section 10-14-1(A)(3), "C-1" District Principal Permitted Uses, Section 10-15-1(A), "C-2" District Principal Permitted Uses, Section 10-22-2 (A) Floodway Overlay District Principal Permitted Uses, Section 10- 22-2(B) Floodway Overlay District Conditional Uses, Section 10-26-1(B) Definitions, Section 10-26-1(C) Regulation of All Signs, Section 10-27-1(H) (6) and (7), Special Permit Required, Section 10-27-1(0) Towers and Wireless Communication Facilities. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By:Aric Schroeder, City Planner 3. Sale and Conveyance of city owned property located at 718 Kern Street, in the amount of $80,000, to Leeca Jones. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comment on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of 718 Kern Street to Leeca Jones in the amount of $80,000, and down payment assistance of $10,000 using HOME funds, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By:Rudy D. Jones, Community Development Director 4. 2017 Spring Stump Removal 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. Page 5 of 243 Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to Director of Leisure Services for review. Submitted By:Todd Derifield, City Forester 5. FY 18 Police vehicle equipment needs. 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 bid documents, specifications, form of contract, estimate of cost, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of contract to Electronic Engineering of Waterloo, Iowa in the amount of $13,496.71 for the FY17-18 Police vehicle equipment needs, and authorize Mayor and City Clerk to execute said documents. Submitted By: Captain Frank Krogh 6. Replacement of fuel pump dispensers at the City fuel distribution site. Motion to receive and file proof of publication and 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 City Clerk to read bids and refer to Public Works Director for review. Submitted By: Mark Rice, Public Works Director RESOLUTIONS 7. Resolution approving Convention and Visitors Bureau board recommendation for funding in the Event/Capital Hotel -Motel Tax GRant funds for FY2018. Submitted By: Aaron Buzza, Executive Director Waterloo Convention & Visitors Bureau 8. Resolution awarding bid in the amount of $126,847 to Altec Industries of Creedmoor, North Carolina, for the purchase of one (1) aerial boom truck to support Traffic Department operations. Submitted By: Mark Rice, Public Works Director 9. Resolution awarding bids, in conjunction with the 2017 Right of Way Mowing Project, to B&B Lawn Care, Inc. of Waterloo Iowa, in the amount of $44.95/acre-Option A and $56.65/acre-Option E; Professional Lawn Care of LLC of Waterloo Iowa, in the amount of $55.50/acre-Option B; and Wilson's Custom Tree of Cresco, Iowa, in the amount of $27.75/acre-Option C and $574.00/acre-Option D, and approving the contracts, certificates of insurance, etc., and authorizing the Mayor and City Clerk to execute said agreements. Submitted By: JB Bolger, Golf & Downtown Area Maintenance Manager 10. Resolution approving a contract with Terracon for geotechnical engineering services within the Midport area, in an amount not to exceed $6,550, and authorize Community Page 6 of 243 Planning Director to execute said document. Submitted By: Noel Anderson -Community Planning and Development Director 11. Resolution approving an agreement for Animal Control Services between the University of Northern Iowa Department of Public Safety and the City of Waterloo. Submitted By: Sandie Greco, Superintendent of Traffic Operations 12. Resolution approving Professional Services Agreement with JDE Engineering of Waterloo, Iowa, in an amount not to exceed $113,160 for construction -related services for the FY 2017 Site Grading for Northeast Industrial Park, Contract No. 926, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales, Associate Engineer 13. Resolution approving award of contract to Minturn, Inc., of Brooklyn, Iowa in the amount of $1,491,713.00 and approving the contract, bonds, and certificate of Insurance for the FY 2017 4th Street Bridge Canopy Repairs (Base Bid + Alternate 1), Contract No. 910, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales, Associate Engineer ORDINANCES 14. An Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on certain property, located east of 3308 Bay Berry Drive. Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on certain property, located east of 3308 Bay Berry Drive. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson -Community Planning and Development Director 15. Request of the City of Waterloo to amend the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic, a new Chapter 7, Parking in Residential Areas. Motion to receive, file, consider and pass for the first time an Ordinance Amending the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic a new Chapter 7, Parking in Residential Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director OTHER COUNCIL BUSINESS 16. Resolution approving a request by Roger Kalsem for the preliminary plat of Kalsem's Second Addition, a 90 lot residential subdivision, located to the south of E Shaulis Road, east of Highway 218, and east of 3308 Bay Berry Drive. Resolution approving a request by Roger Kalsem for the preliminary plat of Page 7 of 243 Kalsem's Second Addition, a 90 lot residential subdivision, located to the south of E. Shaulis Road, east of Highway 218, and east of 3308 Bay Berry Drive. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:55 p.m. Human Resource Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Housing Authority Board minutes - March 20, 2017. 2. Waterloo Water Works Board of Trustees minutes - March 22, 2017. Page 8 of 243 CITY OF WATERLOO, IOWA COUNCIL INVOCATION GUIDELINES/APPLICATION The City of Waterloo welcomes all people to present an invocation prior to City Council meetings on the first meeting of each month. Legislative prayer is deeply embedded in the history and tradition of this country and has coexisted with principles of the separation of church and state. Under the Establishment Clause in the First Amendment of the Constitution it is meant to lend gravity to the occasion at the opening of legislative sessions. Solemn words, respectful in tone that invite City Council members to reflect upon shared ideals and common ends before they embark on the fractious business of governing serves that legitimate function. Based on Constitutional interpretations rendered by the United States Supreme Court the invocation should be non-sectarian and offer members of the City Council a time of reflection and encouragement. It is an opportunity to convey a common message of shared values and ideals derived from our American heritage. Council meetings are held in the Council Chambers, 2nd floor of City Hall, and start promptly at 5:30 p.m. Please arrive 15 minutes early. After roll call is taken, Mayor will call you forward. Please come forward to the podium and state your name and address. The invocation should be one minute or less. It is acceptable and permissible to use the name "God" or "Holy Spirit" and other names commonly utilized by most religions. In respect to others, please do not use names such as Jesus, Allah, Buddha, or other names that are exclusively utilized by one religious sect. You must refrain from making references that are specific to any particular religion, denomination or sect or that promote particular religious figures, deities, images or symbols. The use of physical symbols or props is prohibited. The invocation should not be used to proselytize or advance any one faith, belief or non -belief, nor should It be used to disparage any other faith, belief or non -belief. When closing your prayer, you may say "in your name" or "in your many names" without using the name of your belief. OG,l UO, j+ Name o City, State so1q� iyo Address ro7-221-09,7 3/`/-e2W-SSGi 2 y / t9,' Igo)? Zip Cell Number Other Number Council Date Requested For our records, please state your belief/affiliation: GIN ✓ /1 c,,,-\ % .QG(0.S /7 I have read, understand and will adhere to said City of Waterloo Council Invocation Guidelines. 372-A 7 Signature Date Print Name Return this form to: Mayor Quentin Hart, City of Waterloo, 715 Mulberry St., Waterloo, IA 50703; Fax Number: (319) 291-4286 Email: Mayor@waterloo-ia.org 5/4/2016 CITY OF WATERLOO Council Communication Minutes of March 27, 2017, Regular Session, as proposed. City Council Meeting: 4/3/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/29/2017 - 5:22 PM ATTACHMENTS: Description Type D Minutes of 3.27.17 Backup Material Submitted by: Submitted By: Page 9 of 243 111, V JL411V11 Vl L11, V1 LJ Vl VV LLL,11VV, Alf VV LL, 111,L 111 1\, ,L41LL1 41,UU1V11 LLL 11W1 VILA L. VVLL,' VVLL11 V11 ._11LL111V,1 U, Waterloo, Iowa, at 5:30 p.m., on Monday, March 27, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Steven Hoambrecker, Director of Waste Management Services. 146197 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 27, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146198 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 20, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Butch, commented that the Governor gave commendation that Waterloo is the fastest growing city in the state of Iowa, and believes the taxes should be decreasing. David Dryer, 3145 W. 4th Street, stated that he was disappointed with citizen turn out at the University Avenue Project community meeting and believes it is because notice of the meeting was not published enough. Mayor Hart commented that the meeting was advertised and published in numerous locations. Rich Kurtenbach, 238 Normandy and Waterloo Building Trades, spoke regarding the prevailing wage resolution that was on the agenda last week and that each week the state legislature that is trying to limit council home rule on numerous bills. He further offered assistance on prevailing wage projects in the future. Forest Dillavou, 1725 Huntington Road, commented that he attended the local legislative forum and that he learned that local governments should not count on roll back funding from the state and he believes the city should not hire to fill retired positions. Mr. Schmitt requested that a citizens' committee be formed to take a look at the budget and requested that councilmen Jacobs, Amos and himself [Schmitt], be added as they are not up for re- election along with having community members and staff look at the budget to make recommendations to council for changes. He further stated that he and Mr. Amos served on a similar committee organized to analyze Black Hawk County's budget and offer suggestions. Mayor Hart questioned how many recommendations were made and used. Mr. Amos commented that he does not remember being on the Black Hawk County committee and asked that he be refreshed. Mayor Hart commented that it was the blue ribbon committee. Mr. Schmitt commented that the county did not accept many of the recommendations and that the state had a similar task force. Mayor Hart commented that statements that the city is not looking at money and efficiencies are not correct, and that a partnership has been formed between communities to find efficiencies in government and that at the state level, instead of looking outward for input they looked inward among departments to propose efficiencies. He further commented that resource sharing is being and have personal ties to staff that may affect their ability to find efficiencies. Mayor Hart commented that he will stand by department heads and staff and will continue to pursue shared services relationships among other government entities. Mr. Schmitt commented that the City of Waterloo is doing less today with Black Hawk County and City of Cedar Falls than it was 10 years ago. 146199 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146200 - Welper/Schmitt 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 27, 2017, in the amount of $1,226,969.29, 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. 2017-216. 2. Resolution approving preliminary specifications, form of contract etc., and setting date of bid opening as April 13, 2017 and date of public hearing as April 17, 2017, for the purchase of one (1) service truck for the Sewer Department, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-217. 3. Resolution approving preliminary specifications, form of contract etc., and setting date of bid opening as April 13, 2017 and date of public hearing as April 17, 2017, for the purchase of one (1) cargo van for the Traffic Department, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-218. 4. Resolution approving the request of Debra Ehlers for tax exemptions on the construction of a new single family home valued at $125,538 for property located at 4139 Mockingbird Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-219. 5. Resolution approving the request of Catherine Shafer for tax exemptions on the construction of a new single family home valued at $200,491 for property located at 1113 Sandpiper Court, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-220. 6. Resolution approving the request of Keith Rogers for tax exemptions on the construction of a new single family home valued at $306,980 for property located at 1116 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2017-221. 1. 2. 8. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 20, 2017 and date of public hearing as April 24, 2017, for the FY 2017 Flood Control Gatewell Repairs, Contract No. 918, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-223. b. Motion to approve the following: a. b a. b. c. d. e. f. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Tim Moyer, Chief Electrical Inspector Fire Inspector 1 Exam Coralville, IA April 3, 2017 $205.00 Rudy Jones, Community Development Director 2017 Washington, D.C. Coalition Trip Washington, D.C. June 12-14, 2017 $1,730.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Amalgamated Local 838 UAW, 2615 Washington Street C Liquor w/Outdoor Service Renewal 2/28/2018 Cadillac Lanes, 650 La Porte Road C Liquor w/Outdoor Service New 2/19/2018 X Cedar Valley Fish Market, 218 Division Street B Beer Renewal 1/25/2018 Hy -Vee Store #1, 2834 Ansborough Avenue B Wine / C Beer / E Liquor Renewal 3/23/2018 X On the Rocks, 708 Jefferson Street B Beer New 3/5/2018 The Times Sports Bar & Grill, 213 E. 5th Street C Liquor Renewal 2/3/2018 X 3. Appointment of Michael Ryan Broadhead to the position of Collection System Superintendent, Waste Management Services Department, effective May 1, 2017. 4. Cigarette/Tobacco Permit New Application for Ravion, Inc. dba Prime Mart 7, 1309 Lafayette Street. Mr. Schmitt questioned item 1B3. Steve Hoambrecker, Waste Management Services Director, confirmed that the position was approved at the Human Resources Committee. Mr. Schmitt questioned if this is the same position that has been open for two to three years. Steve Hoambrecker confirmed. Mr. Schmitt questioned if the position has anything to do with the Consent Decree. Steve Hoambrecker stated that it does have to do with the Consent Decree. qualifications for the position, a phone interview and in person interview were held and the hiring committee believed that the person was qualified for the position. Mayor Hart explained the process that has taken place thus far for this position. Mr. Jacobs expressed concern that one person was found to be a qualified applicant. Steve Hoambrecker commented that in his experience, several candidates, both here and at other places, do submit applications when they are not qualified. He and the hiring committee believed this person was the best fit. Mr. Jacobs expressed concern with the hiring process and would like to look at it in the future. Mayor Hart commented that a meeting will be set up to review the process. Mr. Morrissey commented that the position is in the budget and that the position was approved at HR Committee and places his confidence in Steve Hoambrecker to bring forth the position. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Lind, Schmitt on item 1B3). Motion carried. PUBLIC HEARINGS 146201 - Schmitt/Lind that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on March 20, 2017, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. David Dryer, 3145 W. 4th Street, commented that new housing hurts landlords and that existing housing should be filled before new housing is built in the community. 146202 - Schmitt/Lind that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146203 - Schmitt/Lind that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located west of 1850 West Ridgeway Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson, Community Planning and Development Director, explained that this is the former dump site at the intersection of West Ridgeway and Hwy. 63. Mr. Schmitt asked if neighboring residences have been notified. Noel confirmed and explained there was no opposition at the planning commission meeting, and it Mr. Jacobs commented that he believes this is a good project because it takes land that is currently not in use and makes it useful and prevents industrial development from occurring near residential properties. 146204 - Schmitt/Lind that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146205 - Schmitt/Lind that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located west of 1850 West Ridgeway Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5393. 146206 - Lind/Morrissey that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on March 20, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Mike Price, 3320 Thistledown Drive, commented that he is purchasing the property and requested that council suspend the rules as there is a lot of remodeling that needs to take place prior to opening. 146207 - Lind/Morrissey that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146208 - Lind/Morrissey that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 1955 Locke Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt commented that he received questions regarding the ultimate goal of the project. Mike Price explained that the site will become an event center with more options for having craft shows, weddings, parties, etc. Mr. Schmitt questioned if it will have after hours. Mike Price commented that it will not. 146209 - Lind/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 1955 Locke Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5394. 146211 - Morrissey/Schmitt that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on March 17, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. David Dryer, 3145 W. 4th Street, commented that he believes that existing homes should be filled prior to building new homes and that not much is being done to fix up older vacant homes and commercial buildings. Mayor Hart commented that the pilot project for rehabbing old homes is happening in the Walnut Neighborhood Proj ect. Bob Manning, Executive Director of Homebuilders Association, explained that they are excited to see new construction in Waterloo. He further commented that anyone can buy and fix up older homes in Waterloo and that the residential construction sector in the Cedar Valley is a sector that earns 75 million dollar each year. 146212 - Morrissey/Powers that the hearing be closed and oral comments and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146213 - Morrissey/Amos that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on certain property, located east of 3308 Bay Berry Drive", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if the water runoff will be improved after development. Eric Thorson commented that the plans show that the water run off should improve. Mr. Schmitt commented that Cedar Terrace residents have complained of getting water in their homes following development and questioned what needs to happen to fix this going forward. He further commented that he does not believe these comments from residents have been included in the record. Eric Thorson commented that work is continuing on Sink Creek to help manage the waterway. As land control is gained the city gets additional opportunity to control the watershed. Mr. Schmitt commented that he believes that as detention ponds are added it seems like residents are having more issues. Eric Thorson commented that the design plan meets the 100 year flood plan. Mr. Morrissey questioned if permeable pavement has been considered for the project to help control run off. Eric Thorson explained that permeable pavement could be an option but it is up to the developer. Kyle Helland, Helland Engineering and Surveying, explained that they have to retain and address any additional run off and that permeable pavement increases the cost dramatically as compared to using traditional pavement and is not being pursued at this time but it can be looked into. Mr. Schmitt questioned the cost difference between permeable pavement and traditional. Kyle Helland explained it could almost double the cost. Mayor Hart questioned the email that Mr. Schmitt had mentioned earlier. Kelley Felchle, City Clerk, explained that the email was not given to her but once received, would be added to the council packet, and that the minutes of this meeting will reflect that an email regarding this matter was received. She further encouraged council members to forward to her, any correspondence received from the public regarding council items in the future, so it may be included in the record. 146214 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Six (Powers, Lind, Amos, Schmitt, Welper, Jacobs). Motion failed. Mr. Lind questioned the timing of the item. Kyle Helland explained there is not a timing concern, however without an approved preliminary plat, constructions plans will be delayed. Mr. Lind asked if one week would be appropriate. Kyle Helland commented one week would be fine. 146215 - Lind/Schmitt that proof of publication of notice of public hearing on 2017 Right of Way Mowing Contract, as published in the Waterloo Courier on March 13, 2017, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 146216 - Lind/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146217 - Lind/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-224. 146219 - Lind/Schmitt Motion to receive and file and instruct City Clerk to read bids and refer to Director of Leisure Services for review. Estimate: Option A: $47.70; Option B: $51.50; Option C: $28.00; Option D: $600.00; Option E: $57.70 Bidder Bid Security Option A Option B Option C Option D Option E B&B Lawn Care $3,000 Check $44.95 $56.65 $28.00 $975.00 $56.65 Professional Lawn Care $3,000 Check $58.75 $55.50 $43.55 No Bid $61.75 Wilson Custom Tree $3,000 Bid Bond No Bid $65.00 $27.75 $574.00 $71.00 Voice vote -Ayes: Seven. Motion carried. 146220 - Amos/Powers that proof of publication of notice of public hearing on purchase of one (1) aerial boom truck for the Traffic Department, as published in the Waterloo Courier on March 13, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 146221 - Amos/Powers that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146222 - Amos/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-226. 146223 - Amos/Welper that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-227. 146224 - Amos/Powers Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Estimate: $130,000 Bidder Bid Amount Altec Industries, Inc. Creedmoor, NC $126 847.00 Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 146226 - Welper/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146227 - Welper/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-228. 146228 - Welper/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-229. 146229 - Welper/Schmitt Motion to receive and file and instruct City Clerk to read the bids. Estimate: Option A: $750 Option B: $500 Bidder Bid Security Bid Amount Robert C. Hauptly Construction Co. Waterloo, IA $1,500 Check Opt A: $875 Opt B: $495 R&D Lawn Care, LLC Waterloo, IA $1,500 Check Opt A: $752 Opt B: $460 B&B Lawn Care, Inc. Waterloo, IA $1,500 Check Opt A: $518 Opt B: $348 Voice vote -Ayes: Seven. Motion carried. 146230 - Welper/Morrissey that "Resolution approving award of contract to B & B Lawn Care Inc. of Waterloo, Iowa in the amount of $518.00, Option A and $348.00, Option B, and approving the contract, bonds, and certificate of insurance for the FY 2017 Lift Station Mowing", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-230. RESOLUTIONS 146231 - Lind/Amos that "Resolution approving award of contract to Peterson Contractors, Inc., of Reinbeck, Iowa in the amount of $966,707.20 and approving the contract, bonds, and certificate of insurance for the FY 2017 Site Grading for Northeast Industrial Park, Contract No. 926, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned the grading project. that "Resolution approving Engineering Department Fee Schedule", be adopted. Roll call vote - Ayes: Seven. Motion carried. Mayor Hart requested an overview of the item. Eric Thorson explained that the permit fees were reviewed at a previous work session. Mayor Hart stepped out at 6:45 p.m. Mayor Hart returned at 6:45 p.m. Mr. Lind questioned if the fee amounts were the same as proposed at the work session. Eric Thorson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2017-232. OTHER COUNCIL BUSINESS 146233 - Schmitt/Lind that motion to approve refund of recycling fees for December 2016 and January 2017 to all residents of the City of Waterloo participating in the recycling program due to recycling being taken to Black Hawk County Landfill while Cedar Valley Recycling & Transfer Company was temporarily unable to provide recycling services for the City of Waterloo. Roll call vote -Ayes: Three. Nays: Four (Morrissey, Powers, Amos, Welper). Motion failed. Mr. Jacobs explained that this would be an adjustment for tax payers for the two months while recycling was taken to the landfill. Mark Rice, Public Works Director, explained the circumstances surrounding the issue. He further explained that the fee of $3.00 per month is for the convenience of curbside pickup from Waterloo residents, not necessarily the recycling itself. Mr. Welper explained that he is a Commissioner on the Solid Waste Commission and appreciates anyone who recycles but commented that it is a losing proposition and the fee is to pick up the recycling. Mr. Jacobs noted that citizens did not receive what they signed up for. Mark Rice explained that the city is in the business of providing a pick-up service and not the recycling business. Todd Obadal, 124 Amity Drive, questioned why trucks were sent out when it was known that the recycling center was not in operation. Mayor Hart commented that discussions have been had about whether or not the program should continue, but cost efficiencies will be looked at moving forward. Mr. Schmitt questioned if two trucks were sent out in December. Mark Rice explained that the routes were already scheduled and that it does not make sense to change the schedule at that time. Mr. Schmitt questioned if the same thing happened in January. Mark Rice explained that at the last minute the company notified them that they could not accept Mr. Morrissey questioned if this has every happened before. Mark Rice explained that this has not happened before. Mr. Morrissey questioned if press releases will be sent out in the future. Mark Rice confirmed and explained that the provider is the only one in the area and that he believes that he wishes the service could be bid out. Mr. Amos questioned the dollar amount that would be refunded if the item passes. Mark Rice explained the cost of the refund would total $63,000. Michelle Weidner, Chief Financial Officer, noted that the cost to do the paper work would be more than the refund. Mr. Morrissey commented that if this is the first time this has happened that he does not support the item. Mr. Powers commented that he received no calls or emails on this topic from constituents and that this is an unintended consequence and that he does support the item. Jim Chapman, 224 Bertch, questioned the impact to the landfill if the program went away. ADJOURNMENT 146234 - Welper/Amos that the Council adjourn at 7:05 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring April 2017 as Sexual Assault Awareness Month. City Council Meeting: 4/3/2017 Prepared: 2/14/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 2/14/2017 - 6:17 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 1:19 PM ATTACHMENTS: Description Type D Sexual Assault Awareness Month Proclamation Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 21 of 243 CITY OF WATERLOO, IOWA PROCLAMATION rn TERMS, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault is devastating not only to the survivor, but also for the family and friends of the victim or survivor; and WHEREAS, since no one person, organization, agency or community can eliminate sexual assault on their own, we must work together to educate our entire population about what can be done to prevent sexual assault, support victims/survivors and their families as well as support those agencies providing services to victims/survivors. NOW, THEREFORE I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the month of April 2017 SEXUAL ASSAULT AWARENESS MONTH and encourage all citizens to learn more about preventing sexual violence. IN ititITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 3rd day of April 2017. ATTEST: Kelley F ch Quentin Hart City Cle Mayor CITY OF WATERLOO Council Communication Proclamation declaring April 2 - 8, 2017, as Crime Victims' Rights Week City Council Meeting: 4/3/2017 Prepared: 3/8/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 3/8/2017 - 3:11 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 1:18 PM ATTACHMENTS: Description Type D Crime Victims Rights Week 2017 Backup Material Submitted by: Submitted By: Mayor Quentin Hart Page 23 of 243 WHEREAS, WHEREAS, WRs, WHEREAS, 1SlfiEitEA5, WHEREAS, WHEREAS, ritaJULAIVIATIUN Americans are the victims of more than 20 million crimes each year, affecting individuals and communities; and Providing victims with knowledge of their rights and available services further strengthens their ability to recover by restoring their sense of self -empowerment; and A trauma -informed response to victims promotes healing and fosters strength in survivors; and Unaddressed trauma from victimization weakens the resilience of victims and their communities, impeding their ability to withstand future trauma; and Victims who feel understood and supported are more likely to disclose their victimization, seek services, and participate in the justice process; and A multidisciplinary response, involving collaboration among victim service professionals, criminal justice officials, legal professionals, medical and mental health providers, and community leaders is essential to reach and serve all victims --especially those who are marginalized, have disabilities, or live in remote locations; and Strengthening the multidisciplinary response—bringing diverse skills, perspectives, and understandings together in the service of victims—also serves to build the resilience of those responders, by strengthening the confidence in their roles, abilities, and sense of contribution; and National Crime Victims' Rights Week, April 2-8, 2017, provides an opportunity to recommit to ensuring that all victims of crime, especially those who are challenging to reach or serve, are afforded their rights and receive a trauma - informed response; and The City of Waterloo is hereby dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim responders, and working for justice for all victims and survivors. NOW, THEREFORE„ I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 2 – 8, 2017, as CRIME VICTIMS' miffs WEEK and to express our sincere gratitude to those who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice and peace. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 3rd day of April 2017. ATTEST: CITY OF WATERLOO Council Communication Proclamation declaring April 2017 as Child Abuse Prevention Month. City Council Meeting: 4/3/2017 Prepared: 3/21/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 3/21/2017 - 2:14 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 1:18 PM ATTACHMENTS: Description Type D Proclamation Child Abuse Prevention Month 2017 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 25 of 243 CITY 0F WA1IRLOO, IOWA PROCLAMATION WHEREAS, the City of Waterloo applauds the Exchange Club of Waterloo and the Sunrise Exchange Club of Waterloo for their dedicated work in the prevention of child abuse in our community; and 'WHEREAS, the City of Waterloo commends the Exchange Club of Waterloo and the Sunrise Exchange Club of Waterloo for its tireless promotion of on-going programs in our community which are designed to help prevent child abuse; and WHEREAS, the City of Waterloo stands firmly on the side of prevention of any type of abuse and believes no child should endure verbal, emotional or physical abuse for any reason; and WHEREAS, the National Exchange Club adopted the Prevention of Child Abuse as its national project in 1979 in response to a request by its national president who, as a physician, noticed an increase in abuse cases in his medical practice; and WHEREAS, the City of Waterloo supports and encourages all of our residents and community leaders to wear blue each Monday in April in observance of Child Abuse Prevention Month, NOIA(, THEREFORE, I, Quentin Hart, Mayor, do hereby proclaim April 2017 as CHILD ABUSE PREVENTION MONTH In the City of Waterloo in recognition of our commitment to healthy, happy children and to help eradicate child abuse in our community and to support the efforts of the Exchange Club of Waterloo and all others who observe this important cause in their mission to bring awareness of this tragic problem to the forefront and to help make our community a stronger and more loving city where children will be able to grow and thrive without fear or harm. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 3rd day of April 2017. ATTEST: elley Fele! City Clerk i 10 41 H 4/ 11 :ill ScK' ., FF II0)\V'' ' 1 y uentin Hart Mayor Page 26o 3 CITY OF WATERLOO Council Communication Proclamation declaring April 2017 as Limb Loss Awareness Month. City Council Meeting: 4/3/2017 Prepared: 3/22/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 3/22/2017 - 4:42 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 1:18 PM ATTACHMENTS: Description Type D Proclamation Limb Loss Awareness Month 2017 Backup Material Submitted by: Submitted By: Mayor Quentin Hart Page 27 of 243 1-1VU‘JIAZillfliit 1 IV1r WHEREAS, there are approximately 2 million Americans living with limb loss/difference; and WHYS, over 500 Americans lose a limb every day and 1,000 babies are born each year in the United States with congenital limb difference; and WHEREAS, diabetes and peripheral vascular disease are the leading causes of limb loss followed closely by trauma; and WHEREAS, studies show up to 60 percent of limb loss is preventable; and itinEREAS, the number of amputations per day will double by 2050 unless a major public awareness campaign is launched and key prevention initiatives put in place; and WHEREAS, appropriate access to care for people affected by limb loss is vital to enable individuals to reach their full potential, live independently, and live well with limb loss; and WHEREAS, the Amputee Coalition provides education, outreach, support and advocacy through the National Limb Loss Resource Center for the benefit of persons with limb loss/difference, their families, and health care providers; and WHYS, April is National Limb Loss Awareness Month as spring is a time of renewal and inspiration. NOW, THEREFORE, 1, Quentin Hart, Mayor, do hereby proclaim April 2017 as LIMB LOSS AWARENESS MOM in the City of Waterloo and encourage all citizens to join in recognizing the importance of this month and celebrate people affected by limb loss and limb difference living full and productive lives, Learn about issues affecting people with limb loss, express gratitude to family and caregivers who are a source of support and motivation, and salute combat and veteran amputees who have lost their limbs in service to this country or in retirement. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 3rd day of April 2017. ATTEST: CITY OF WATERLOO Council Communication Presentation by Lyndsey Anderson, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 8, 2017. City Council Meeting: 4/3/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/29/2017 - 5:16 PM SUBJECT: Summary Statement: Presentation by Lyndsey Anderson, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 8, 2017. For Waterloo City Council Agenda: Lyndsey Anderson, Waste Trac Recycling Educator with the Black Hawk County Solid Waste Management Commission Promotion of the upcoming Household Hazardous Materials Drop-off & Electronics Recycling Event for all Black Hawk County residents to be held Saturday, April 8th (9:00 AM- 2:00 PM) at the Waterloo Waste Water Treatment Plant (3505 Easton Ave). The event is sponsored by the Black Hawk County Solid Waste Management Commission and the City of Waterloo. Household hazardous materials will be accepted from Black Hawk County households for free, whereas fees apply for recycling certain electronics, (depending on the type and quantity of electronics). Business waste will not be accepted. For complete details, visit the commission website (http://www.WasteTrac.org), call (319) 266-8722, or learn more at https://www.facebook.com/events/1734641830108915/ . Page 29 of 243 Sponsored by: The Black Hawk County Solid Waste Management Commission and the City of Waterloo 1 1 .■ 1 from Black Hawk County residents for safe disposa Household Toxic Materials Free disposal of old or unwanted toxic materials from your home and garage. - No paint - - No motor oil or antifreeze - - No business waste - (See back of sheet for details) Electronic & Electric Items Recycle a wide variety of electric and electronic household devices. 2 CRTs (non -flat screen TVs & monitors) per household/vehicle at no charge ($5 for each additional CRT) - No appliances or business waste - I Saturday, April 8th from 9 AM Waterloo Waste Water Treatment Plant 3505 Easton Avenue, Waterlo * No waste from businesses, churches, schools, or non -profits * * No paint, used oil, antifreeze, or appliances * Approximately 60 Volunteers are needed for this event! Groups and individuals (age 18+) can contact Tammy Turner for details at 319-266-8722 or by email at tturner@co.black-hawk.ia.us. BHC(d SWMC BLACK HAWK COUNTY t3OLIO WASTE MANAGEMENT COMMISSION /n7 pulitbill, . .I. ry •I�i Questions? WASTE TRAL; Ml`�� IcATInN TEAM (319) 266 - 8722 WasteTrac.org "Waste Trac Education Team" ,r Jr, r ,1 'L.'V•i .''D. Y'+'•' •� irl. 5;'• 11ilrllln ^',}'pall{ ij Ji lf!4� (Waste Trac is the Education Team for the Black Hawk County Solid Waste Management Commission) Saturday, April 8th, 2017 from 9 AM - 2 PM r� a er oo ase a er rea men V V V as on '` venue) Open to All Black Hawk County Residents for Hou ehold Item On the day of the event, follow the signs from Highway 218 & Mitchell Avenue to the event location. ** For safety reasons, you must stay in your vehicle. Event volunteers will unload your items for you. ** S •onsored by: the Black Hawk County Solid Waste Management Commission & the City of Waterloo Due to a City of Waterloo Ordinance, ALL LOADS brought to the Household Hazardous Materials and Electronics Recycling Drop-off shall be covered 100%, be tied down and be fully secured in all areas. This shall be required at the load's point of origin and will include any and all materials being, rought to this event. Household Hazardous Materials Drop-off Accepted for Free Disposal Home & Garden Clogged aerosol cans (including aerosol spray paint) ** Batteries (all varieties - except Alkaline) Rust removers & metal polish (solvent -based) Fluorescent bulbs (compact & tube) & ballasts — No fixtures Fungicide, brush killer, & liquid fertilizers Furniture polish Insect spray & mothballs Wallpaper remover Mercury (including switches & thermometers) Pool chemicals Rat, mouse & gopher poison Drain, oven, & solvent -based cleaners Spot remover & floor care products Polish remover Garage & Workshop Acids/bases Lead -acid batteries (car, truck, mower, motorcycle, etc) Auto polish & car wax Auto starter fluid, brake fluid, & carburetor cleaner Varnish, shellac, & stain Adhesives, epoxy & glues Driveway sealer Concrete cleaners & etches Flammables (such as gasoline, kerosene, & lighter fluid) Roofing tar Propane tanks TOXIC) Electronics Recycling Drop-off Accepted for Recycling (Fees May Apply) Two CRT devices per household/vehicle at no charge (* with a recycling fee of $5 for each additional CRT): CRT = Non -flat screen computer monitors CRT = Non -flat screen TVs (console, projection, etc) *Exact cash only. Bills larger than $20 will NOT be accepted. Unlimited quantities for recycling at no charge: Flat screen computer monitors Flat screen televisions Hard drives (will be shredded) Laptops & computer towers Keyboards, routers, & mice Cables & ink cartridges Desktop copiers & printers Fax machines Cellular & home phones Video game systems DVDNCR players Handheld electronics Radios & stereos Cassette & record players Curling irons & hair dryers Countertop kitchen gadgets (toasters, mixers, blenders, can openers, toaster ovens, etc) Non -appliance home items (that can be plugged in): Ex: vacuums, fans (all styles), tabletop/floor lamps, treadmills, humidifiers, electric space heaters, holiday lights, electric keyboards, cable/satellite equipment, etc. What is a CRT? A Cathode Ray Tube (CRT) is a funnel -shaped leaded glass vacuum tube 1 that produces images on the screen. This vacuum tube gives older TVs & monitors that big bump in the back! Although CRTs are not banned from Iowa landfills, they contain trace amounts of cadmium and phosphorus, plus 6-8 pounds of lead. Not Accepted during this Commission Subsidized Drop-off Event Appliances (microwaves, air conditioners, dehumidifiers, washers, refrigerators, etc) — Check with your city waste department or contact the Cedar Falls Transfer Station or the Black Hawk County Landfill. Paint (of any kind) — Thoroughly dry and then place with your weekly garbage service (leave lid off can). ** Alkaline batteries (AA, 9 volt, etc) — Please use your weekly garbage service. Ammunition — Contact the County Sheriff's Office or your local police department. Motor oil, filters, & antifreeze — Contact your local service station, auto dealer/parts store or the C.F. Transfer Station. Fire extinguishers - Contact the Waterloo Hazmat Center or a local scrap metal company. Call them for instructions. Asbestos — Contact the Black Hawk County Solid Waste Management Commission's Administrator at (319) 234-8115. Radioactive materials (Smoke detectors) - Contact the manufacturer for mail back instructions. Tires — Contact your local service station, the Cedar Falls Transfer Station, or the Black Hawk County Landfill for recycling fee information (based on the type of tire). Non -hazardous waste (couches, mattresses. carpet, etc) - Please check with your city or weekly garbage service. Business waste of any type - Please call Waste Trac for a list of vendors that work with local businesses. City of Waterloo Finance Committee Open Invoice Report Far April 03, 2017 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, March 31, 2017 EFT Transactions: Add: Wellmark Weekly Claims 534,478.00 250, 980.63 ISubtotal - as of Monday, April 03, 2017 785,458.63 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 17,317.03 4,243.00 1,667,783.80 IBM Payment Total - Monday, April 03, 2017 2,474,802.46 Payment to Council members or related entities: CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract etc., and setting date ofbid opening as April 20, 2017 and date of public hearing as April 24, 2017 for the purchase of one (1) automated side -load garbage truck and instruct City Clerk to publish said notice. City Council Meeting: 4/3/2017 Prepared: 3/21/2017 REVIEWERS: Department Reviewer Action Date Public Works Department Rice, Mark Approved 3/21/2017 - 9:00 AM Clerk Office Even, LeAnn Approved 3/27/2017 - 2:13 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving preliminary plans, specifications, form of contract etc., and setting date ofbid opening as April 20, 2017 and date of public hearing as April 24, 2017 for the purchase of one (1) automated side -load garbage truck and instruct City Clerk to publish said notice. Submitted By: Mark Rice, Public Works Director Recommend Approval Request Council adopt resolutions to set date of hearing for the purchase of one (1) automated side -load garbage route truck for the Sanitation Department. Estimate: $240,000 Operating Budget: 525-15-5400-2117 The Sanitation Department purchases one (1) automated truck annually (20%) of route fleet. Life expectancy of a route truck is 5 - 7 years. Route trucks, once replaced, continue to be utilized (up to 5 additional years) to perform curbside recycle, curbside yard waste and extended yard waste pickup. Page 30 of 243 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as April 17, 2017, to review funding recommendations of the Community Development Board, for FY 2018 One-year Action Plan for Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Funds, for the Waterloo/Cedar Falls (HOME) Consortium. City Council Meeting: 4/3/2017 Prepared: 3/24/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 3/28/2017 - 2:08 PM Clerk Office Even, LeAnn Approved 3/29/2017 - 1:04 PM ATTACHMENTS: Description Type D Recommendation to Council for Public Hearing Cover Memo SUBJECT: Resolution setting date of public hearing as April 17, 2017 to review funding recommendations of the Community Development Board, for FY 2018 One-year Action Plan for CDBG and HOME Funds, for the Waterloo/Cedar Falls HOME Consortium. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: Summary Statement: Source of Funds: Background Information: We request authorization to set the date for a public hearing on Monday April 17, 2017 to review the proposed funding recommendations set forth by the Community Development Board for the FY2018 One-year Action Plan for CDBG and HOME Program Funds for the Waterloo/ Cedar Falls HOME Consortium. Additional information is available in the Community Development Office. A 30- day public comment period was advertised from March 2, 2017 through March 31, 2017 on the proposed one-year action plan. No comments have been received to date. CDBG and HOME Program Funds The Community Development Board approved the attached recommendations on February 21, 2017. Page 31 of 243 FY 2018 Applications CDBG and HOME Programs Page 32 of 243 Printer CODE ndex subeoruml s arnme 1-17-2017 c_ Activity the Cedar Valley PF 4 $ 3 years: Capital Improvements -remodel front desk/game room/bathrooms/classrooms Development -House of Hope HSG 5 $ Building Hope -storage shed for furnishings and donations ;ure Services Dept. PF 6 $ - Highland Park Sidewalk Project nitiatives HSG 7 $ Permanent Housing Program -Administrative costs Inseling Services of NE IA PS 8 $ Understanding Your Financial Ability/Protecting Assets HSG 9 $ 75,000 Emergency Repair for Single Family Rehabilitation • PS 10 $ 15,000 Over the Top- Household, Transportation, Hygiene, Operations ninistration (20% of allocation) ADM 11 $ 226,000 CDBG Administration it for Humanity HSG 12 $ 20,000 Affordable Homeownership/Home Preservation -Walnut Neighborhood ss PS 13 $ 70,000 City Liaison with Neighborhoods Bank PS 14 $ - Scissor Lift • PR #2 HSG 15 $ - Weatherization-Plus Program HSG 16 $ 10,000 Handicap accessible ramps ;tration HSG 17 $ 320,000 Rehabilitation Project Delivery Costs itation HSG 18 $ 394,000 Single Family Owner -Occupied Rehabilitation PF 19 $ 10,000 Salvation Army Emergency Shelters operations = � 1,140,� Page 32 of 243 Printer FY 2018 Applications CDBG and HOME Programs 3 ► Indexorrrrrriit Tab Recommendation! i-17- 17 _ � Activity = HSG 21 $ 48,000 Annual Allocation - HOME Consortium it for Humanity 15% = HSG 22 $ 58,500 Affordable Single Family Homes - New Construction PR #1 TBRA 23 $ 20,000 Tenant Based Rental Assistance Program itation HSG 24 $ 244,500 Single Family Owner -Occupied Rehabilitation If allocation) ADM 25 $ 39,000 HOME Administration .QUESTS ids WAILABLE 1TE illocution) 58,500 ids AVAILABLE isol Plan/B17-FYI8/sub committee recommendation 1-17-2017 Page 33 of 243 Printec CITY OF WATERLOO Council Communication Resolution approving the assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 1112 Amherst Avenue - $741.75; 1221 West 6th Street - $1,179.37 and 212 Lafayette Street - $5,159.99. City Council Meeting: 4/3/2017 Prepared: 3/24/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 3/24/2017 - 3:42 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 1:24 PM ATTACHMENTS: Description Type D 1112 Amhearst Cover Memo • 1221 West 6th Street Cover Memo D 212 Lafayette Street Cover Memo SUBJECT: Resolution approving the assessment to property for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees: Address and amount to certify: 1112 Amherst Avenue - $741.75 1221 West 6th Street - $1,179.37 212 Lafayette Street - $5,159.99. Submitted by: Submitted By: Matt Mahler, General Manager Recommended Action: Summary Statement: Expenditure Required: Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service lines, and then recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Page 34 of 243 DENNIS D. CLARK, P.E. General Manager WATERLOO WATERWORKS 325 SYCAMORE STREET • P.Q. BOX 27 WATERLOO, IOWA 50704 March 23, 2017 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: TERRY M. KUNTZ, Chair MARY H. POTTER, Vice -Chair SCOTT WIENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 22, 2017. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $741.75, which is supported by invoice from Frickson Bros. Excavating, and the Waterloo Water Works, showing the work necessary to repair the pave box / curb stop in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box / curb stop at 1112 Amherst Avenue, which is located on Lot No. Twenty (20) in Block No. Six (6) in Golden Gardens Addition, City of Waterloo, Black Hawk County, Iowa, and owned by Brian J. Cosgrove. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box / curb stop, the Waterloo Water Works caused the pave box / curb stop to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Wienands, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None. Absent: None. Resolution adopted. Page 35 of 243 Page 2 After this is certified through your office, please send us a copy of the certification as follow through end reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis 0, Clark, P.E. General Manager DOC/cm Enclosure Page 36 of 243 DENNIS D. CLARK, P.E. General Manager WATERLOO WATER WORKS 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 March 23, 2017 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: TERRY M. KUNTZ, Chair MARY H. POTTER, Vice -Chair SCOTT WIENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 22, 2017. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,179.37, which is supported by invoice from All Star Plumbing & Heating, and the Waterloo Water Works, showing the work necessary to repair the pave box / curb stop in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the pave box / curb stop at 1221 West 601 Street, which is located on Lot No. Seven (7), and the South One -Half of Lot No. Six (6), all in Block No. One (1), in Pommer's Subdivision to Waterloo, Iowa, Black Hawk County, and owned by David Lee Oltrogge. WHEREAS, the property owner did not respond to the notification from the Waterloo Water Works and did not make repairs to the pave box / curb stop, the Waterloo Water Works caused the pave box / curb stop to be repaired and the cost assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 37 of 243 Page 2 it was moved by Wienands, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk, On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None, Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer, Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure Page 38 of 243 DENNIS D. CLARK, P.E. General Manager WATERLOO WATER WORKS 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 March 23, 2017 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: TERRY M. KUNTZ, Chair MARY H. POTTER, Vice -Chair SCOTT WIENANDS The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 22, 2017. RESOLUTION WHEREAS, the General Manager, Dennis D, Clark, presented a statement of $5,159,99, which is supported by invoice from All Star Plumbing & Heating, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 212 Lafayette Street, which is located on Southeasterly 70 feet of Lots Nos. 2 and 3 in Block No. 10 in the Original Plat, on the East side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, and owned by Eduardo and Dora E. Garza as contract purchasers, and Joel D. Lindaman as deed holder. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa, Page 39 of 243 Page 2 It was moved by Wienands, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None, Absent: None, Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure Page 40 of 243 CITY OF WATERLOO Council Communication Resolution approving the request from SingleSpeed Brewing Company in cooperation with Waterloo Convention and Visitors Bureau and Trekman Racing to hold the SingleSpeed Beer Mile on June 10th, 2017, with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets as well as a closure of the SingleSpeed Brewing Co. parking lot, located at 325 Commercial Street. City Council Meeting: 4/3/2017 Prepared: 3/27/2017 REVIEWERS: Department Reviewer Action Date Police Department Leibold, Joe Approved 3/27/2017 - 3:32 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 4:32 PM ATTACHMENTS: Description Type D Beer Mile Request and Map Cover Memo SUBJECT: Resolution approving the request from SingleSpeed Brewing Company in cooperation with Waterloo Convention and Visitors Bureau and Trekman Racing to hold the SingleSpeed Beer Mile on June 10th, 2017, with road closures on portions of Commercial, Cedar, 2nd and 3rd Streets as well as a closure of the SingleSpeed Brewing Co. parking lot, located at 325 Commercial Street. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Recommended Action: Approve Request The SingleSpeed BeerMile is an event where participants will drink a beer in an established licensed area, then run .25 miles. They will then consume another beer in the established area and run .25. This is repeated until a 1 mile run is complete. This is a timed event. They anticipate running 8 heats with each heat to last approximately 20 minutes. Summary Statement: They are requesting the following street closures. Cedar Street from W. 3rd to W. 2nd W 2nd from Cedar to Jefferson (but not Jefferson) Commercial from W. 2nd to W. 3rd W. 3rd from Jefferson to Cedar Expenditure Required: Cost with providing barricades and traffic control as needed. Source of Funds: General Policy Issue: None Page 41 of 243 Alternative: None Background Information: None Legal Descriptions: None Page 42 of 243 SingleSpeed Brewing Co. 319.883.3604 lave@singlespeedbrewing.com 325 Commercial St - Waterloo, IA - 50701 March 21, 2017 Capt. Joe Leibold Waterloo Police Dept. Dear Capt. Leibold We are working in conjunction with Main Street Waterloo, the Waterloo Convention and Visitors Bureau and Trekman Racing on an event for this coming June. On Saturday the 10th we are asking permission for road closure on portions of Commercial St, Cedar St, 2nd St and 3rd. St, as well as a closure of the parking lot within our block (see attached sketch). The event is being marketed as the SingleSpeed BeerMile powered by Trekman Racing. Packet Pick Up is scheduled for 1 PM, with races beginning at 4 PM. We anticipate running 8 Heats, each 20 minutes in length. More information on such an event can be found here: http://www.beermile.com http://dsmbeerweek.beer/event/kickoff/ Do not hesitate to give me a call if you would like more details. Sincerely David A. Morgan Founder SingleSpeed Brewing Co. Monday. Mar 27, 2017 01:24 PM CITY OF WATERLOO Council Communication Request of RiverLoop Amphitheatre, Inc. for a variance to the Noise Ordinance from May 1, 2017 through November 15, 2017 from 10:00 a.m. to Midnight in conjunction with musical concerts, wedding receptions and private parties to be held at Riverloop Amphitheatre & Expo Plaza on the west side of Cedar River including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. City Council Meeting: 4/3/2017 Prepared: 3/28/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 3/29/2017 - 9:36 AM SUBJECT: Request of RiverLoop Amphitheatre, Inc. for a variance to the Noise Ordinance from May 1, 2017 through November 15, 2017 from 10:00 a.m. to Midnight in conjunction with musical concerts, wedding receptions and private parties to be held at Riverloop Amphitheatre & Expo Plaza on the west side of Cedar River including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Summary Statement: RiverLoop Amphitheatre & Expo Plaza, 225 Commercial Street requests approval to have bands playing, P.A. system, concerts, weddings receptions, symphony concerts, corporate parties, and fireworks. Page 45 of 243 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: (.' veV 100 e Arm to h APPLICANT'S ADDRESS: 2 2 c' C'O VY) m e r c t cr l S f APPLICANT'S PHONE #: ' 1 - ci [ - ANTICIPATED DATE OF VARIANCE: NA ( 9+ 201-1 -, N O V r 2) -r -h 2D1-7 NAME OF EVENT: MVs'tcc? L coin cev1 1 VV tGttrlc} 00cl Pv VUt� FC -4 10-C TIMES OF DAY OF VARIANCE: t CU c try - cl VI 1 c 1711- GEOGRAPHICAL /t1` GEOGRAPHICAL LOCATION OF VARIANCE: C12 I v2 v t 00 p A4Vy1 4)1 V -P lot •z • IN -PS -4- t cJi e 04- C e.olor v g1 - DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 2 0 fe'e`l PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. '2217D AvYl p V `r --f (n..a-t-v Ca oyv\ c cA t S+ Fb P(G�c,, %G V"6k C P l 0,4 , /1ci� _ A ss L {� -t Q I�VI c, O 1(-“- r/v ocAct `, ngc--/ YPCe`D1'1t7E'1 5\t(Vy-%r10eovporcfe e011/4"1 -C' -{'t v e vV o v 1GS' ("sLc Applicant's Signature {2 - t`7 Date CITY COUNCIL ACTION: Police Dept. Recommnendation APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: / UD Q CITY OF WATERLOO Council Communication Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $300.00 from New Star, 315 Fletcher Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor violation -first offense. City Council Meeting: 4/3/2017 Prepared: 3/27/2017 REVIEWERS: Department Reviewer Action Date Legal Even, LeAnn Approved 3/29/2017 - 1:46 PM ATTACHMENTS: Description Type Resolution approving Order Accepting Acknowledgment/Settlement SUBJECT: Agreement and check for $300.00 from New Star, 315 Fletcher Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor violation -first offense. Submitted by: Submitted By: David R. Zellhoefer, Waterloo City Attorney Approve Acknowledgment/Settlement Agreement and check for $300.00 as Recommended Action: result of tobacco violation -first offense. Have Mayor and City Clerk execute Order approving. Page 46 of 243 IN RE: NEW STAR ACKNOWLEDGMENT/ 315 FLETCHER AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA 50701 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of $300.00 made payable to the City of Waterloo to settle the above - referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims. Date: NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. Page 47 of 243 h b m 110 PAY To ThE ORDEE1 OF FOR F & S STORES, LLC NEW STAR 315 FLETCHER AVE WATERLOO, IA 50701 77-1714- ----kLez:a `r • r MK IONNA 3222 Kimball Ave Waterlon.Iawa 50702 1-066-231-74-60 DATE r2 i/7 7 POO L3LOH* 1°0?3920-28 SI: 844 059 611' DOLLARS $ 1310 72-20281733 04 ^�CHECY,A®7ApA' z.� ./ . LJ r :NIo e®CK Page 48 of 243 BEFORE THE WATERLOO CITY COUNCIL IN RE: NEW STAR ORDER ACCEPTING 315 FLETCHER AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this day of ! , 2017, in lien of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars {$300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 49 of 243 Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID beed Holder Tax Mail to Address 8913-02-151-003 SMALDINO,MATTHEW J SMALDINO,KATHERINE A SMALDINO,MATTHEW J SMALDINO,KATHERINE A 2105 ROWND ST CEDAR FALLS, IA 50613-0000 PDF No. Map Area Contract Buyer 6 NWTLO-13 12/3/2015 Property Address Current Recorded Transfer 3652 BURTON AV' WATERLOO, IA 50703-0000 ( 12/10/2015 D to Filed Recorded Document Type 2 112 10 121/2015 2016 011184 D L SALES A BUILDING PERMIT Date Amount NUTC / Type Date Number Amount Reason 12/10/2015 87,500 SPLIT OR DIVISION - 12 / Deed 12/3/2015 ST 04564 0 Plumb/Elec 12/10/2015 87,500 SPLIT OR DIVISION - 12 / Deed 12/31/2010 WA 10567 6,700 Furnace ASSESSED VALUES/CREDITS Year Class 2016 R 100% Value Land ]Multi -Residential Land Dwelling Building Total Acres 44,500 0 46,460 0 90,960 0 Taxable Value Land Multi -Residential Land Dwelling Building Total 25,338 0 26,454 0 51,792 LEGAL SW QTR NW QTR SEC 2 T 89 R 13 DESC AS COM AT W QTR COR TH N 175 FT TO POB TH N 755 TH S 89 DEG 55 MIN 06 SEC E 980.82 FT TH S 755 FT TH N 89 DEG 55 MIN 06 SEC W 980.82 FT TO POB AKA PCL B DOC 2016 009030 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Acres x Rate AC Attic 1910 616 Yes 43560 1 Acres x Rate _ Total Rooms Below Bedrooms Above Bedrooms Below 7 0 672130.8 15.43 Totals: Basement Finished Area No Basement Floor Full 0 0 715690.8 16.43 DWELLING CHARACTERISTICS Type Style Total Living Area Single -Family / Owner Occupied 1 1/2 Story Frame 1271 Year Built Area Heat AC Attic 1910 616 Yes Yes None Total Rooms Above _ Total Rooms Below Bedrooms Above Bedrooms Below 7 0 3 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp / Tile Exterior Walls Interior Finish AlumPlas Roof http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891302151003 3/28/2017 Black Hawk County Detailed Parcel Report Mtl / Gable Non -Base Heating Floor/Wall 0 Pipeless Handfired Page 2 of 3 Space Heaters Addtions Year Built Style Area Basement (SF) No Basement (SF) Heat AC Attic 1910 1 Story Frame 224 0 0 Yes Yes 0 Plumbing Full Bath Porch Style Area 1S Frame Enclosed 80 Deck Style Area Concrete Patio -Low 182 Bsmt Entry -Low 30 Wood Deck -Med 128 AGRICULTURAL BUILDINGS ype Count Description Year Built Length Width Unit Plot No. 111 Machine or Utility Building 1 P/FR 1960 94 34 3196 SF 2 Steel Utility Building 1 MTL/P 1975 48 46 2208 SF 3 Entry Status: Refused http://www2.co.black-hawk.ia.us/website/binnap/bhRepDet.asp?apn=891302151003 3/28/2017 Black Hawk County Detailed Parcel Report Page 3 of 3 1S FR EP [80}l WO OK [128] 8 13 FR [224] 14 22 18 13 14 CONC PATIO [182] 5 6 11125 B FR (MAIN) 28 [616] Date Website Last Updated: 03/24/2017 BSMTENTRY [30] http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891302151003 3/28/2017 CITY OF WATERLOO Council Communication Resolution approving request of Brent Richmond for a waiver for a concrete driveway to be located at 713 Ricker Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street. City Council Meeting: 4/3/2017 Prepared: 3/29/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 3/29/2017 - 11:04 AM Clerk Office Even, LeAnn Approved 3/29/2017 - 12:32 PM SUBJECT: Resolution approving request of Brent Richmond for a waiver for a concrete driveway to be located at 713 Ricker Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right of way on an unimproved street. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: This waiver is needed because of placing a driveway or sidewalk on City right of way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: PEEKS SECOND ADDITION LOT 8 BLK 4 LOT 9 BLK 4 Page 51 of 243 WAIVER Date: r-- P©/ Honorable Mayor and City Council City Hall Waterloo, IA 50703 Dr' to y ) J&. 01A- 40)%41 6a,Rowe.1 stiret) Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at a")___,.-7� (concrete or asphalt) /lL141\ This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). _NLAv elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. i< placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: (Address) I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of Property Owner BLACK-HAWK.COUNTY TREASURER '316 E. FIFTH ST. WATERLOO, IA 50703 OWNER/CONTRACT PURCHASER ZHENG, MING ZHENG, YING ZHENG, MING ZHENG,YING 4914 ALGONQUIN DR CEDAR FALLS, IA 50613 N ASSESSED VALUE----- 42,800 ALUE--42,800 MILITARY CR TAX RATE/$1000 40.784140 ABLE VALUE 36,916 NET VALUE 36,916 GROSS TAX 1,505.59 HOMESTEAD CR DISABLED VETS CR 0.00 0.00 PROPERTY TAX RELIEF 0.00 FF CREDIT 0.00 NET TAX PAGE AGLAND CR 0.00 MH/MR/DD CR 0.00 1,506.00 3 \ PROPERTY TAX STATEMENT PARCEL NUMBER 8913-23-477-006 PRINT DATE: 03/30/2017 TRN# 046449 PROPERTY ADDRESS 225 E 1ST ST 128 LAFAYETTE ST WATERLOO, IA 50703 LEGAL DESCRIPTION ORIGINAL PLAT WATERLOO EAST SE 60 FT LOT 1 BLK 9 NE 20 FT SE 60 FT LOT 4 BLK 9 TAXES AS OF MARCH 30,2017 -- 16/01 83-0000000003 441.00 `�7 �j.nko.,'1 1nT MAR -17 REAL ESTATE 753.00 \MR 302017 ,UCK ,,.; TOTAL DUE 1194.00 3/30/2017 Black Hawk County Detailed Parcel Report SLACK HAWK COUNTY REAL-ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID PDF No. 15 8913-23-477-006 Map Area Deed Holder ZHENG,MING ZHENG,YING Contract Buyer Mail to Address HENG,MING HENG,YING 914 ALGONQUIN DR CEDAR FALLS, IA 50613-0000 E WATERLOO - 100% MR Property Address 225 E 1ST ST 128 LAFAYETTE ST WATERLOO, IA 50703-0000 Current Recorded Transfer Date Drawn Date Filed Recorded Document 5/19/2016 7/1/2016 2017 000001 SALES ORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR RANSFERS ... - 12 / Deed FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR RANSFERS ...-12/Deed _ NORMAL ARMS -LENGTH RANSACTION - PRIOR 09 / Contract rear 2017 Values BUILDING PERMIT Date 10/3/2016 9/13/2016 8/22/2013 4/9/2001 Number WA 11799 A 13989 A 02567 A 0481 Amount 380 2,000 310 - 5,250 Reason Windows Furnace Roof Roof ASSESSED VALUES/CREDITS pending Board of Review Action 100% Land Value 0 Taxable Land Value 0 Multi -Residential Land 3,720 Dwelling 39,080 Building Total 0 142,800 Multi -Residential Land :3,720 39.080 Bu_ ildinc 0 otal 2,800 Multi -Residential Land 3,720 Multi -Residential Land 3,069 Class otal 35,310 dential Land Multi -Residential 3,720 axable alue Dwelling 39,080 Multi Residential Land 3,209 Builth 0 42,800 Dwelling __ Buildin 33,707 0 cres 0 otal 36,916 Year 2014 Class 100% Value Land 3,720 Multi -Residential Land 0 Taxable Value Land 3,348 Dwelling 0 Building n m 39,080 Multi -Residential Land 0 http://www2.co.black-hawk. i a.us/websi te/bhm ap/bhRepDet.as p?apn=891323477006 Dwelling Buildin 0 35,172 Total 1/3 3/30/2017 Black Hawk County Detailed Parcel Report ax District Nocor TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/20 941311 - WATERLOO LOGAN UR AMD1 TIF Gross Value axable Value 42,800 36,916 0 Homestead Credit $0.00 Military Exemption 0 0 Disabled Veteran Credit Levy Rate Gross Tax 0.78414 $1,505.59 0 $0.00 Property Tax Relief Credit $0.00 Nocorp 0.00 Credit $0.00 Net Tax $1,506.00 Business Property Tax Credit $0.00 LEGAL (ORIGINAL PLAT WATERLOO EAST SE 60 FT LOT 1BLK 9 NE 20 FT SE 60 FT LOT 4 BLK 9 Basis Front Front Foot 80 otals: LAND T pe hree-Famil Conversion ear Built rea 1893 784 DWELLING CHARACTERISTICS Style 2 Story Brick otal Living AreaY 2920 Total Rooms Below 0 ttic None Bedrooms Below 0 Basement Finished Area No Basement Floor 0 Foundation Conc/Stn Exterior Walls Imit Brk Roof s / Hip Non -Base Heating Flooring Car. / Tile / Hdwd Interior Finish Plas Floor/Wall Addtions r- 1893 1893 1 Sto Brick 1 Story Brick Basement (SF) 8 672 No Basement SF 0 0 Full Bath Plumbing'1 Toilet Room 2 Sink S le area Porch 1S Frame O.en_ _ 16 1S Brick Open 45 le Deck Concrete Patio -High Bsmt Gar Ext -Med rea 212 96 BASEMENT STALLS http://www2.co.black-hawk.i a.us/websi te/bhm ap/bhRepDet.asplapn=891323477006 213 3/30/2017 Black Hawk County Detailed Parcel Report 13 FR OP [16] 4 4 28 24 13 B A BRK [672] 28 28 25 B BRK [MAIN) [784] 12 8 26 10 CONC PATIO [212] 12•X 8' SMT GAR EXT [86] Date Website Last Updated: 03/29/2017 8•x1• 138 BRF. [6] 51 9 S BRK OP [45] http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323477006 3/3 INVOICE DATE - DUE DATE .INVOICE H: TOTAL DUE 06/03/2015 07/15/2015 2015-00048707 $200.00 Customer #: 22004 THOMAS AND JEANNE SCHMITZ 219 CENTER ST WATERLOO, IA 50703 Please Make Check Payable and Remit To: City of Waterloo ATTN: City Clerk/Accounts Receivable 715 Mulberry St WATERLOO, IA 50703 Amount Enclosed: DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT KEEP THIS PORTION FOR YOUR RECORDS RENTAL INSPECTION - 128 LAFAYETTE ST 4 UNITS - 4-13-15 FOR BILLING INQUIRY: (319)291-4323 L Description)p REINSPECTION FEE CUSTOMER # 22004 BILLING DATE 06/03/2015 DUE DATE INVOICE I Total Price j $200.00 CHARGES 07/15/2015 2015-00048707 $200.00 Less Prepayment Total Due —> City of Waterloo $0.00 $200.00 INVOICE DATE _- DUE DATE INVOICE # TOTAL DUE 06/03/2015 07/15/2015 2015-00048706 $200.00 Customer #: 22004 THOMAS AND JEANNE SCHMITZ 219 CENTER ST WATERLOO, IA 50703 Please Make Check Payable and Remit To: City of Waterloo ATTN: City Clerk/Accounts Receivable 715 Mulberry St WATERLOO, IA 50703 Amount Enclosed: DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT KEEP THIS PORTION FOR YOUR RECORDS RENTAL INSPECTION - 128 LAFAYETTE ST - 4 UNITS FOR BILLING INQUIRY: (319)291-4323 [Description NO SHOW INSPECTION FEE REINSPECTION FEE Total Price J $100.00 $100.00 CUSTOMER #. 22004 BILLING DATE DUE DATE INVOICE # CHARGES 06/03/2015 07/15/2015 2015-00048706 $200.00 Less Prepayment Total Due —> City of Waterloo $0.00 $200.00 CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 March 30, 2017 Mayor Quentin Hart and City Council Members City Hall Waterloo, IA 50703 Dear Mayor Hart and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on March 30, 2017. Of the 39 bonds submitted, 3c, were approved an shown on the attached list. were rejected, as It should be noted that the Right -of -Way Construction Bonds are now $15,000.00 for the year, compared to $5,000.00 in previous years. In some of the attached bonds (marked with blue highlight), it states $15,000.00 in the first paragraph, but later in the bond document it still refers to $5,000.00. I believe these bonds marked with blue are good in that it states the $15,000.00 at the top, and the forms used had not been corrected in the body of the bond document. In the future, engineering will reject any documents stating the $5,000.00 half way down the page even though it states $15,000.00 at the top. Very truly yours, el ''oefer erloo City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication Resolution approving abatement of assessment for 3652 Burton Avenue in the amount of $164.97, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 4/3/2017 Prepared: 3/29/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/29/2017 - 10:23 AM SUBJECT: Resolution approving abatement of assessment for 3652 Burton Avenue in the amount of $164.97, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approve cancellation of assessment. Summary Statement: The amounts due were from a prior owner, and therefore certified in error. Page 50 of 243 CITY OF WATERLOO Council Communication Resolution approving abatement of assessment for parcel number 8913-23-477-006 in the amount of $400.00, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 4/3/2017 Prepared: 3/30/2017 REVIEWERS: Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Higby, Nancy Action Approved D ate 3/30/2017 - 4:39 PM Resolution approving abatement of assessment for parcel number 8913-23- 477-006 in the amount of $400.00, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Approve abatement. The two invoices totaling $400, were from rental re -inspection and no-show fees charged in 2015, belonging to the previous owners of this 4 -unit dwelling located at 225 E. 1st Street and 128 Lafayette Street. Page 52 of 243 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY _2017_ BUDGETED ik 0 EXPENDED YTD 3/ cf4, 5- 7 THIS REQUEST LEFT AFTER THIS REQUEST /.4i65F`4- DATE �J 3-2 — !? Original - Clerk/Finance Co. - De•artment NAME(S) AND POSITION(S): Inv. Pohl DATE March 27th, 2017 NAME OF CLASS / MEETING: 2017 National Cyber Crime Conference DESTINATION Norwood, MA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 23rd, 2017 Return Date: April 27th, 2017 DATE(S) OF MEETING: April 24th -261h, 2017 PURPOSE OF TRAVEL: Captain Mohlis is requesting authorization to send Inv. Pohl to the 2017 National Cyber Crime Conference in Norwood, MA on April 23`d -27th, 2017. The conference features three tracks of instruction: a track for prosecutors, a track for investigators and a track for digital evidence forensic examiners. Each track has multiple breakout sessions featuring instruction from nationally recognized experts in the field of cybercrime. This conference will also have the latest updates and labs centering around the Cellebrite, which is used by Inv. Pohl on a consistent basis during his investigations. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $680.00 LODGING 400.00 Car rental $303.00 MEALS 50.00 Tolls $350.00 REGISTRATION 800.00 AIRFARE $50.00 MILEAGE/FUEL .00 Baggage fee TOTAL FOR ALL: $ 2633.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 2633.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPAR ME NT HEAD I APPROVE THIS TRAVEL REQUEST MAYOR ZA 14'i DATE DATE 3 Al TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY pZ0%% BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY ;2'32-%Sv/3fl 42,000 U' 1039 /a'�S�ors 3/35-1-s -7A., Co. - De•artment NAME(S) AND POSITION(S): Matt Chesmore DATE: 03/20/17 NAME OF CLASS / MEETING: Foundation in HUD Environmental Review DESTINATION: Denver, Colorado DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April24, 2017 RETURN DATE: April 28, 2017 DATE(S) OF MEETING: April 25-27 8:00-5:00 PURPOSE OF TRAVEL/TRAINING: Environmental reviews are an integral part of working with HUD related projects. The course covers the basic requirements of implementing NEPA for HUD -assisted projects, including compliance with related federal environmental laws and authorities. This training is suitable as a refresher course and as an in- depth overview for those newly performing such reviews. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE x AIRFARE DEPARTING FROM: Waterloo ESTIMATE OF COST: 1000.00 LODGING 100 200.00 MEALS 0 REGISTRATION 425 MILEAGE/FUEL 100 TOTAL FOR ALL: $ 1825.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 224-32-5850.1346 GRANT REIMBURSABLE YES NO BG14H.0001 REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTME T HEAD N I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 MSN,cdm F G' t 1 Secure j https://www.gaggle,cum/flights/;#search;f=ALO;te DEN;d=2017-04 24;r=2017-0423;sel=ALOORDOAA2910-ORDDENO. Q* ,=i Apps 0;,6 Web Help Desk cI Imported From IE G Google le New Tab Round trip One way hlulticlty Economy c 1adult o ALCMalerloo O Mon. April 24 Outbound flight + DEN Denver I O Fri, April 20 Mon,Apr24 Ret 1:15 PM -2:25 PM • Waterloo (ALO)—Chicago (ORD) American 2010- Economy Clays Canadair Rea Jet Operated R/ Slyryest Airlines as American Eagle Average legroom (31'ry Return flight Fri. Apr 28 X 10 10m Layover in Chicago GRD 20 35m ', 5:00 PM -6:41 PM IL Chicago (ORD) Denver (DEN) American 1 432 Economy Class 1,10-50 Average Froom E21 ellen delayed by 30+ min Rk 1:20 AM — 10:53AM ` Denver (DENT— Chicago (ORD) American 2312- Economy Class IM0-80 Average legroom (31e over In Chicago ORD R. 11:46 AM — 12:49 PM Chicago (ORD)— Waterloo (ALO) American 2910 - Economy Class - Canadair Reg. Jet Operated by S0ywesLAirlines as American Eagle Average legroom (3, .) OBook, track or share this flight I; Tobi loci taxes &tees fret adultoMdtUonal ban fees may appl 2h41m w.ri • Some :eats min Comet Stream to your fierce X 20 33m ? w.n s Some seers wU power CI Sueam m you de.« 53m 1h 03m Salt lake City .8315 • Seonsblolt • a Duran'Oe Explore desvnatons © 0 IE '.d, 0 !$ ?% h. W I'.r) 3/91921/2017AM �QP.0MENipFNoG 0 iinlii *I 4&4N OE#° Registration Form "Foundation in HUD Environmental Review: NEPA and 24 CFR Part 58 Training" April 25 (Tues) - April 27 (Thurs), 2017 HUD Denver Regional Office 23rd Floor 1670 Broadway, Denver, CO 80202 Name: Jon Martin Organization: Community Development Address: 620 Mulberry Street City 8s State: Waterloo, IA Phone #: 31-291-4429 E-mail. jon.martin@waterloo-ia.org Job. Title: Rehabilitation/relocation Specialist 1. How often do you prepare or actively participate in the preparation of HUD or other agency NEPA environmental review documents? a Full-time C Part-time C Occasionally r Rarely/Never 2. If Rarely/Never, please describe your interest in attending the training: Click here to enter text. 3. When and where did you last attend HUD environmental training? None at this time. Space is limited and advance registration is required. Registration deadline: Thursday, April 6, 2017. Send Registration: • email [Pau1.F.Mohrc ,hud.gov] or • fax [913-551-5859 ATTN: Paul Mohr] Training facilities are accessible to the mobility impaired. For questions, please contact Paul Mohr, HUD Regional Environmental Officer, 913- 551-5818, Pau1.F.Mohi@hud.gov, or Sam Gieryn, Field Environmental Officer, 913- 948-5246, Samuel.W.Gieryn4 hud.gov QPq% ENTOpyO in imbi • 4N NENo• Registration Form "Foundation in HUD Environmental Review: NEPA and 24 CFR Part 58 Training" April 25 (Tues) - April 27 (Thurs), 2017 HUD Denver Regional Office 23rd Floor 1670 Broadway, Denver, CO 80202 Name: Matt Chesmore Organization: Waterloo Community Development Address: 620 Mulberry Street City 8s State: Waterloo, Iowa 50703 Phone #: 319-291-4429 E-mail: matt.chesmore@waterloo-ia.org Job Title: Rehabilitation/Relocation specialist 1. How often do you prepare or actively participate in the preparation of HUD or other agency NEPA environmental review documents? a Full-time C Occasionally Part-time C Rarely/Never 2. If Rarely/Never, please describe your interest in attending the training: Click here to enter text. 3. When and where did you last attend HUD environmental training? 2013, Cedar Rapids IA — specifically Section 106 process Space is limited and advance registration is required. Registration deadline: Thursday, April 6, 2017. Send Registration: • email [Pau1.F.MohrAhud.govj or • fax [913-551-5859 ATTN: Paul Mohr] Training facilities are accessible to the mobility impaired. For questions, please contact Paul Mohr, HUD Regional Environmental Officer, 913- 551-5818, Pau1.F.Mohra),hud.gov, or Sam Gieryn, Field Environmental Officer, 913- 948-5246, Samuel.W.Gieryn@a,hud.gov "Foundation in HUD Environmental Review: NEPA and 24 CFR Part 58" Denver, Colorado April 25 — April 27, 2017 Draft Agenda* Tuesday, April 25 8:00 Sign -In 9:00 NEPA at HUD: Legal & Procedural Framework (principles, Part 58/50, roles, terms, limitations, alternatives, mitigation) 12:00 Lunch — on your own Project Descriptions Levels -of -Review Exercise: Name That Level of Review "Request for Release of Funds" Process 5:00 Adjourn Wednesday, April 26 9:00 Floodplain Management & Flood Insurance Wetlands Identification and Protection Endangered Species 12:00 Lunch — on your own Wild and Scenic Rivers; Farmland Protection; Sole Source Aquifers Contamination/ Toxic Substances Radon, Air Quality & Asbestos Environmental Justice 5:00 Adjourn Thursday, April 27 9:00 Lead-based Paint Update (Part 35) Explosive/Flammable Operations Airport Clear Zones Noise Control 12:00 Lunch — on your own Historic Preservation Environmental Assessment Factors Test 5:00 Adjourn * topics and timeframes subject to modification otENrQF 4 7 At% at ':11111i AeAk 050.v. The U.S. Department of Housing and Urban Development Announces.... "Foundation in HUD Environmental Review: NEPA and 24 CFR Part 58 Training" April 25 — 27, 2017 — Denver, Colorado Course Content The National Environmental Policy Act (NEPA) of 1969 established a nationwide policy for protecting the environment. HUD regulations for implementing NEPA include 24 CFR Part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities," which provides for the assumption of HUD's environmental responsibility by States, Tribes and units of general local government. The course covers the basic requirements of implementing NEPA for HUD -assisted projects, including compliance with related federal environmental laws and authorities. The training is suitable as a refresher for experienced practitioners and as an in-depth overview for those newly performing such reviews. "Foundation in HUD Environmental Review" presents information using a variety of training methods — PowerPoint, exercises, class discussions and case studies. Instructors are HUD environmental staff. Training begins 9:00 a.m., April 25, 2017 (Tuesday) and concludes 5:00 p.m., April 27, 2017 (Thursday). See attached draft agenda for course topics. Participants are expected to attend all three days of the training. Course Registration Registration is required, using the attached registration form, and open through April 6, 2017. Attendance is limited to two (2) people per organization. Please note the course will likely fill quickly. Registrants will receive confirmation via email. HUD retains discretion for determining final attendance. Training Location & Costs Training will be held downtown at the HUD Regional Office, 1670 Broadway, 23rd Floor, Denver, Colorado, 80202. The facility is accessible to the mobility impaired. Government - issued photo -identification is required. The training and related materials are provided free -of - charge. Costs for transportation, parking, meals, refreshments and accommodations are not included. Casual attire is suggested. Light-rail connects downtown Denver with the airport. Accommodations Attendees are responsible for arranging their own lodging. No hotel is connected to or associated with the training facility, although many hotels are located nearby. Please direct questions to Jerimiah Sanders (303-672-5282, Jerimiah.J.Sandersna,hud.gov), Paul Mohr (913-551-5818, Pau1.F.Mohr@a,hud.gov) or Sam Gieryn (913-948-5246, Samuel. W.GierynQhud.gov). TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY .0 //BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 0,U943; 5457)/3,/-6, /000 pO 6.2/e. 77/a) .3 -,?Y-/ Copy - Department NAME(S) AND POSITION(S): Jon Martin DATE: 03/20/17 NAME OF CLASS / MEETING: Foundation in HUD Environmental Review DESTINATION: Denver, Colorado DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April24, 2017 RETURN DATE: April 28, 2017 DATE(S) OF MEETING: April 25-27 8:00-5:00 PURPOSE OF TRAVEL/TRAINING: Environmental reviews are an integral part of working with HUD related projects. The course covers the basic requirements of implementing NEPA for HUD -assisted projects, including compliance with related federal environmental laws and authorities. This training is suitable as a refresher course and as an in- depth overview for those newly performing such reviews. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE x AIRFARE DEPARTING FROM: Waterloo ESTIMATE OF COST: 1000.00 LODGING 100 200.00 MEALS 0 REGISTRATION 425 MILEAGE/FUEL 100 TOTAL FOR ALL: $ 1825.00 TAXI PARKING AIRFARE MISCITOLLS BUDGET LINE ITEM: 224-32-5850.1346 GRANT REIMBURSABLE YES NO BG14H.0001 REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST / 24d % % v�DA—L/2/1/1Z-- DEPARTMENT WEAD MAYOR DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 Li/3A DATE M$N.cam Hotm�`x New-_ eW j,�b s"�'^n;�. , m+_� � Flights to Denver - x - 0 'Cr Y Secure ! https://www.google.corn/flights/#search;f=ALO;t=DEN;d=2017-04-24;r=2017-04-28sel=ALOORDOAA2910-ORDDENO. Q * Apps •) Web Help Desk I Imported From IE Ci Google W New Tab - - - - Round trip one way Multicity Ecmwny C ladull ALO`Ahtedoo Mon.April24 Outbound flight + DEN Denver Fd,APril28 Mon. Apr 24 `I, 1:15 PM -2:25 PM 18 10m Waterloo (ALO) — Chicago (ORD) American 2910 Economy Class Canadair Reg Jet > 1 n,_ tnom. Operated b9 91:y -hest Airlines as Amancan Eagle Average legroom (31" I Return flight Fri, Apr 28 Layoxer In Chicago 000 2h 35m tf. 5:00 PM -6:41 PM k Chicago (ORD) — Denver (DEN) American 1432 Economy Class 1,40-00 - :eraae legroom (311 Often deiayeo b9 30+ min 2:20 AM -10:53 AM Denver (DEN)—Chicago (ORD) American 2312 Economy Class 0D-80 Average legroom (31 Layover in Chicago 000 N. 11:46 AM— 12:49 PM Ilk Chicago (ORD) — Waterloo (ALO) American 29'0 - Economy Class - Canadair Reg. Jet Operated by SFyvest Airlines as Amencan Eagle AVaane (BCroom (311 Book, track or share This flight -� Total lncrlaxes&yeestor1 adult- Additional bag tees mayapply 2h 41m q WhFI C Some seats xith Power 2.7.' s.mto roar dew. 28 33m w.r s Some uwith Poxgr tfr Stream to you ae.Le 53m 18 03m 'Io o ..n. Pan.. X X a sbnsbion jSah Lek:Cky .5315 •7 •CMG" s 5275 y Montrose ,,,,,, o ®Durarigo &prole desbnabons 9:19 AM 3/21/2017 O�QPPSMENipFyN Registration Form g 01[ pG% "Foundation in HUD Environmental Review: oG 111111 */ NEPA and 24 CFR Part 58 Training" 9«lN DENS' April 25 (Tues) - April 27 (Thurs), 2017 HUD Denver Regional Office 23rd Floor 1670 Broadway, Denver, CO 80202 Name: Jon Martin Organization: Community Development Address: 620 Mulberry Street City 86 State: Waterloo, IA Phone #: 31-291-4429 E-mail: jon.martin@waterloo-ia.org Job Title: Rehabilitation/relocation Specialist 1. How often do you prepare or actively participate in the preparation of HUD or other agency NEPA environmental review documents? 4' Full-time C Part-time Occasionally r Rarely/Never 2. If Rarely/Never, please describe your interest in attending the training: Click here to enter text. 3. When and where did you last attend HUD environmental training? None at this time. Space is limited and advance registration is required. Registration deadline: Thursday, April 6, 2017. Send Registration: • email [Pau1.F.Mohr@hud.gov] or • fax [913-551-5859 ATTN: Paul Mohr] Training facilities are accessible to the mobility impaired. For questions, please contact Paul Mohr, HUD Regional Environmental Officer, 913- 551-5818, Pau1.F.Mohxi hud.gov, or Sam Gieryn, Field Environmental Officer, 913- 948-5246, Samuel.W.Giervn4ihud.gov Registration Form "Foundation in HUD Environmental Review: NEPA and 24 CFR Part 58 Training" April 25 (Tues) - April 27 (Thurs), 2017 HUD Denver Regional Office 23rd Floor 1670 Broadway, Denver, CO 80202 Name: Matt Chesmore Organization: Waterloo Community Development Address: 620 Mulberry Street City & State: Waterloo, Iowa 50703 Phone #: 319-291-4429 E-mail: matt.chesmore®waterloo-ia.org Job Title: Rehabilitation/Relocation specialist 1. How often do you prepare or actively participate in the preparation of HUD or other agency NEPA environmental review documents? Full-time C Occasionally C Part-time r Rarely/Never 2. If Rarely/Never, please describe your interest in attending the training: Click here to enter text. 3. When and where did you last attend HUD environmental training? 2013, Cedar Rapids IA - specifically Section 106 process Space is limited and advance registration is required. Registration deadline: Thursday, April 6, 2017. Send Registration: • email [Paul.F.Mohr(a4,hud.govj or • fax [913-551-5859 ATTN: Paul Mohr] Training facilities are accessible to the mobility impaired. For questions, please contact Paul Mohr, HUD Regional Environmental Officer, 913- 551-5818, Pau1.F.Mohr hud.gov, or Sam Gieryn, Field Environmental Officer, 913- 948-5246, Samuel.W.GierynAhud.gov "Foundation in HUD Environmental Review: NEPA and 24 CFR Part 58" Denver, Colorado April 25 — April 27, 2017 Draft Agenda* Tuesday, April 25 8:00 Sign -In 9:00 NEPA at HUD: Legal & Procedural Framework (principles, Part 58/50, roles, terms, limitations, alternatives, mitigation) 12:00 Lunch — on your own Project Descriptions Levels -of -Review Exercise: Name That Level of Review "Request for Release of Funds" Process 5:00 Adjourn Wednesday, April 26 9:00 Floodplain Management & Flood Insurance Wetlands Identification and Protection Endangered Species 12:00 Lunch — on your own Wild and Scenic Rivers; Farmland Protection; Sole Source Aquifers Contamination/ Toxic Substances Radon, Air Quality & Asbestos Environmental Justice 5:00 Adjoum Thursday, April 27 9:00 Lead-based Paint Update (Part 35) Explosive/Flammable Operations Airport Clear Zones Noise Control 12:00 Lunch — on your own Historic Preservation Environmental Assessment Factors Test 5:00 Adjourn * topics and timeframes subject to modification The U.S. Department of Housing and Urban Development Announces.... "Foundation in HUD Environmental Review: NEPA and 24 CFR Part 58 Training" April 25 — 27, 2017 — Denver, Colorado Course Content The National Environmental Policy Act (NEPA) of 1969 established a nationwide policy for protecting the environment. HUD regulations for implementing NEPA include 24 CFR Part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities," which provides for the assumption of HUD's environmental responsibility by States, Tribes and units of general local government. The course covers the basic requirements of implementing NEPA for HUD -assisted projects, including compliance with related federal environmental laws and authorities. The training is suitable as a refresher for experienced practitioners and as an in-depth overview for those newly performing such reviews. "Foundation in HUD Environmental Review" presents information using a variety of training methods — PowerPoint, exercises, class discussions and case studies. Instructors are HUD environmental staff. Training begins 9:00 a.m., April 25, 2017 (Tuesday) and concludes 5:00 p.m., April 27, 2017 (Thursday). See attached draft agenda for course topics. Participants are expected to attend all three days of the training. Course Registration Registration is required, using the attached registration form, and open through April 6, 2017. Attendance is limited to two (2) people per organization. Please note the course will likely fill quickly. Registrants will receive confirmation via email. HUD retains discretion for determining final attendance. Training Location & Costs Training will be held downtown at the HUD Regional Office, 1670 Broadway, 23rd Floor, Denver, Colorado, 80202. The facility is accessible to the mobility impaired. Government - issued photo -identification is required. The training and related materials are provided free -of - charge. Costs for transportation, parking, meals, refreshments and accommodations are not included. Casual attire is suggested. Light-rail connects downtown Denver with the airport. Accommodations Attendees are responsible for arranging their own lodging. No hotel is connected to or associated with the training facility, although many hotels are located nearby. Please direct questions to Jerimiah Sanders (303-672-5282, Jerimiah.J.Sanders@hud.gov), Paul Mohr (913-551-5818, Pau1.F.Mohr@hud.gov) or Sam Gieryn (913-948-5246, Samuel. W .Gieryn(a,hud.gov). CITY OF WATERLOO Council Communication Bonds City Council Meeting: 4/3/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 3/29/2017 - 12:30 PM ATTACHMENTS: Description Type D Bonds for Council Approval Backup Material SUBJECT: Bonds Page 53 of 243 BONDS FOR COUNCIL APPROVAL April 3, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA 537881 IA 566225 7900452170 7900452202 7900452203 IA 596877 IA 594686 IA 559897 IA 564241 62772592 7900452204 IA 578015 IA 655264 55-198491 55-207717 55-212871 W150256685 IA 537837 55-193385 IA 573467 95 BA G540 6 IA 566969 IA 600834 IA 600354 IA 593158 7900452185 IA 598718 IA 600070 95 CC 8008 4 7900452183 IA 580340 IA 509356 95 00 2526 8 IA 550121 IA 594846 7900452193 IA 537826 7900452208 69173956 ALFRED SCHOTT B & B BUILDERS & SUPPLY BENTON SAND & GRAVEL, INC. BERGEN PLUMBING, INC. BOWERS MASONRY, INC. BUCHANAN MASONRY, INC. Dba C & C MASONRY BURT CONSTRUCTION CARDINAL CONSTRUCTION, INC. CARL SCHULER MASONRY CONSTR. CENTURY CONSTUCTORS, LLC CHRISTONE, INC. COMMUNICATION TECHNOLOGIES, LLC DANA CONSTRUCTION DAVE SCHMITT CONSTRUCTION COMPANY INC. DELANEY CONCRETE CONSTRUCTION COMPANY INC. DENVER UNDERGROUND & GRADING, INC. DIG AMERICA UTILITY CONTRACTING INC. DON GARDNER CONSTRUCTION CO DONNA L NELSON AND VERNER D NELSON EARNEST BENNETT ELLIOTT WISE FRICKSON ASPHALT EXCAVATION GREAT PROPERTIES LLC GREG HASSMAN dba ROYAL TURF, LLC HAUPTLY CONSTRUCTION INC HUFF CONTRACTING, INC. KAYSER PLUMBING & HEATING INC Dba KAYSER PLUMBING & HEATING JEFF GIBERSON JOE JONES dba JONES BROS ASPHALT PAVING CO K CUNNINGHAM CONSTRUCTION CO., INC. LARSON CONSTRUCTION CO INC LEHMAN TRUCKING & EXCAVATING LUBBERT'S MASONRY INC. MAGEE CONSTRUCTION MANATT'S, INC. MARK RUSSELL dba RUSSELL CONSTRUCTION MARTINSON CONSTRUCTION CO INC MATTHIAS LANDSCAPE CO, INC. MELI, LLC LA PORTE CITY, IA WATERLOO, IA CEDAR FALLS, IA WATERLOO, IA WATERLOO, IA INDEPENDENCE, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA DES MOINES, IA WATERLOO, IA CEDAR RAPIDS, IA MARION, IA DENVER, IA ST CLOUD, MN WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA EVANSDALE, IA WATERLOO, IA CEDAR FALLS, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA CEDAR FALLS, IA WATERLOO, IA CEDAR FALLS, IA INDEPENDENCE, IA WATERLOO, IA WATERLOO, IA CEDAR FALLS, IA BROOKLYN, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA Page 54 of 243 CITY OF WATERLOO Council Communication Amendment to City of Waterloo Zoning Ordinance No. 5079 regarding billboard and off -premise advertising, residential fence coverings, regulations for indoor and outdoor recreational uses, floodway regulations (drainage and detention facilities), wireless communication facilities, and other miscellaneous updates. City Council Meeting: 4/3/2017 Prepared: 3/29/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/29/2017 - 10:48 AM Clerk Office Even, LeAnn Approved 3/29/2017 - 12:24 PM ATTACHMENTS: Description Type ❑ Zoning Ordinance Amendment 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 and recommendation of approval of Planning, Programming and Zoning C ommission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition—Billboard and Fence, Residential, Section 10-8-1(A)(4) and (10), "R-1" District Principal Permitted Uses, Section 10-14-1(A)(3), "C-1" District Principal Permitted Uses, Section 10-15-1(A), "C-2" District Principal Permitted Uses, Section 10-22-2 (A) Floodway Overlay District Principal Permitted Uses, Section 10-22-2(B) Floodway Overlay District Conditional Uses, Section 10-26- 1(B) Definitions, Section 10-26-1(C) Regulation of All Signs, Section 10- 27-1(H) (6) and (7), Special Permit Required, Section 10-27-1(0) Towers and Wireless Communication Facilities. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinanc e. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval of the amendment 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 Page 55 of 243 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: 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 underline 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 n/a Zoning Ordinance Legal Descriptions: n/a Page 56 of 243 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 57 of 243 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 58 of 243 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 59 of 143 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 60 of 243 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 61 of 243 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 62 of 243 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 63 of 243 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 64 of 243 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 65 of 243 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 66 of 243 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 67 of 243 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 68 of 243 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 69 of 243 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 70 of 243 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 71 of 243 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 72 of 243 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 73 of 243 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 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. Page 74 of 243 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 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 75 of 243 CHAPTER 26 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 76 of 243 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 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 77 of 243 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 78 of 243 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 79 of 243 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 Page 80 of 243 CHAPTER 27 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS. 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 81 of 243 CHAPTER 27 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 82 of 243 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 83 of 243 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 84 of 243 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 85 of 243 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 86 of 243 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 87 of 243 CITY OF WATERLOO Council Communication Sale and Conveyance of city owned property located at 718 Kern Street, in the amount of $80,000, to Leeca Jones. City Council Meeting: 4/3/2017 Prepared: 3/21/2017 REVIEWERS: Department Community Development Clerk Office Reviewer Jones, Rudy Even, LeAnn ATTACHMENTS: Description D amendment of closing date D Purchase agrrement 718 Kern D Abstract of title D Picture of 718 Kern D Addendum SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Legal Descriptions: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 3/22/2017 - 10:48 AM 3/27/2017 - 2:23 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comment on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of 718 Kern Street to Leeca Jones in the amount of $80,000, and down payment assistance of $10,000 using HOME funds, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By:Rudy D. Jones, Community Development Director Approval of sale and conveyance of 718 Kern Street Wells Fargo donated this housing unit to the City of Waterloo through Community Development for redevelopment and sale to an eligible buyer. HOME funds A forgivable loan of $10,000 will be recorded on the property for down payment assistance using HOME funds. Riehls Addition Lot 15 BLK 2 Page 88 of 243 dotloop signature verification: NfdNKK'I`L IF HOME GROUP Seller(s) Buyer(s) Property Address Legal Description AMENDMENT City of Waterloo Leeca Jones 718 Kern St, Waterloo, IA 50703 (Street Address) (City) (State) (Zip) RIEHLS ADDITION LOT 15 BLK 2 Listing Contract I °L' Purchase Agreement Contract Dated 02/13/2017 Other Changes to original contract Closing and Possession to be on or before Wednesday, April 28, 2017 dotloop verified 03/17/17 9:22AM CDT NT6N-LJ4G-VEFM-8WD Seiler Seller 3731 Pheasant Lane, Waterloo, IA 50701 (319) 232-7100 Fax; (319) 2327102 Date Date colo eP dotloop verified 03/16/17 5:20PM CDT WDVE-A91 L-EZEW-CAR 4800 tlnlversfty Ave., Cedar Falls, LA 50613 (319) 2684106 Fax: (319) 553.0008 Each office is Independently Owned and Operated Jesup, IA 50648 (319) 827-3500 Page 89 of 243 dotloop signature verification: www.dotloop.com/my/verification/D1.-219362115-7,1H3E 08.902 Adopted by the Northeast Iowa I%glonai of REALTORSIO Revised (1115) Adopted by the Black Hawk County ear Aseoolatton 2014 nu ttono! NOME GRO P PURCH.SE t REEMENT TO: ' ' e7 r1N mI j FROM: �, - \..) 0 v\° 5 .... 731 Pheasant Lane, Waterloo, IA 50701 hone (319) 232-7100 Fax: (319) 232-7102 800 University Ave., Cedar Falls, IA 50613 hone (319) 266-7100 Fax: (319) 553.0008 O Box 205, Jesup, IA 50648 hone (319) 827-3500 Date A %ru ci,r7j'3, 'z i As joint tenants with full rights of survivorship unless otherwise specified, Buyer offers to buy: 721 + fr Legally described as: (Seller) (Buyer) /L,. 37e, c -_.. SUBJECT TO RESTRICTIVE COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD IF ANY, AND TO EXISTING EASEMENTS, IF ANY. The property intended to be covered by the terms hereof shall include all buildings, storage: sheds, land, rights, easements, and access necessary or appurtenant thereto and owned by Seller, Included,if noW In or oh said premises end owned by the Seiler, are all fixtures including but not limited to attached carpeting; window shades; blinds; curtain rods and hardware; lighting fixtures and bulbs; ceiling fans; built-in appliances and accessories; antenna, television mounting brackets; awnings door chimes; fireplace grates andirons; mailbox, installed sump pumps; garage deer Openers and controls; and bushes, shrubs and other vegetation. Also included, if not rentals, are satellite dish, Water softener and filtration systems, Installed alarm devices, propene tanks and ell other fixtures not hereinafter reserved by Seller in Writing, RESERVED ITEMS: FOR THE SLIM OF$W,G=N/0 t �'' li / r s L'L) Com' t, c'�� r�,! c1 Earnest moneyof $ 2 c%...-'— to be held In trust by-ice/PK/This IT ri G seo,et and the balance In cash to be pald at closing upon performance of Seller's obligations hereunder. Any interest on trust account shall be forwarded to the Iowa Association of REALTORS® Foundation (a charitable non-profit entity), the State of lows (if required by law), or as directed and mutually agreed In writing by both Buyer and Seller. Return of Earnest Money. Earnest money submitted as part of the purchase price of the above described property shall be returned to the Buyer In case this agreement is not accepted. Any other release of earnest money shall require informed written consent of all parties to this agreement, Closing to take place on or before +^ ! , the 7/5 day of Inc v eq 7 DAM GIPM /911-- / . i vt��"ff' .Buyer agrees to take possession sdbJoel to rights :ef non, owner occupants now in possession, OYES ONO, Any rents shall be prorated to date of closing. Seller agrees to deliver to Buyer all existing keys and garage door controls no later than possession, Buyers Possession to be given to Buyer at. closing or by the day of Page1 of 4 itlais) Seller(e) 02 L, 4:39 &rials) Page 90 of 243 dotloop signature verification: www.dotloop.com/my/verification/DL-219362115-7-1H3E 98-102 (Revised 1118) Property Address 7 e l ?�4, 1,1. Gy CHECK THE APPROPRIATE BOX 8 1. CASH to be pald at closing. Buyer may have access to property purchased for appraisal; however, this agreement is not contingent upon Buyer obtaining funds. Settlement fee, if any, shall be paid by the Buyer. 2. FINANCING. - is a± cement is subject to Buyer STAINING ASSUMING a commitment for a ONVENTIONAL 8 INSURED CONVENTIONAL ® FHA 13 VA mortgage loan on said roperty at an initial interest rate not to exceed_5' _,S- % per annum M 0 ARM amortlzed over a period of years. All costs incurred in securing such mortgage shall be paid by the Buyer unless otherwise noted In herein, Buyer agrees upon acceptance of this agreement to Immediately make application for such mortgage loan with a lender and to make a good faith effort to obtain a mortgage ognmttment and proceed toward closing as above provided, Buyer shall obtain such mortgage commitment on or before / ° xc �j 1 � j� ! . 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 null and veld and the earnest money shall be returned to Buyer. 8 3, INSTALLMENTS. Check If applicable. See attached ADDENDUM, 4. ASSUMPTION/ASSIGNMENT. Check if applicable. See attached ADDENDUM, 6. TAXES AND ASSESSMENTS. Seller shall pay pro -rate to closing of the installment f general property taxes on said property which become delinquent if not paid on or before rj ZCii and all prior Installments, Buyer shall pay all subsequent installments. If any installment of general property taxes Is to be prorated and if such taxes cannot be deterreined by the date of the settlement thereof, such prorating shell be Weed en the amount of the last determinable installment, proportionately adjusted by any change in the assessed valuation attrributable to capital improvements and which are determinable on the date of settlement. If closing takes place other than the date on the Purchase,Agreernent, taxes shall be prorated to the revised date of closing. Buyer shall pay the cost of all street pilings which are not liens on the date hereof. Seller shall pay all sewage disposal assessments due and all special assessments which are liens against said premises on the date thereof, except those for improvements which have not'been completed and accepted by the City Counoll on the (tete thereof, which Buyer Will pay. 6. CONDITION OF PROPERTY The property as of the date of this agreement including buildings, grounds, and all improvements will be preserved by Seller in Its present condition until possession or closing, whichever occurs first, Seller further represents plumbing, heating, cooling, electrical systems, and appliances Included in this Purchase Agreement to be in working order at the time of possession or closing, whichever occurs first, unless otherwise stated on attached Seller Disclosure of Property Condition, written amendments or addendums to this. Purchase Agreement or unless otherwise stated in.paragraph 8, and Buyer shall be permitted to make a "walk through" inspection of the property prior to possession or closing; Whichever occurs first to verify the same. Seller agrees to remove all debris And personal property, not included herein, from the premises prior to possession. 7. INSPECTION OF PROPERTY The Buyer Is responsible for making their own Inspection of any property for which they make an offer. (It Isjurriprstood that these provisions are Independent of any fender requirements for financing approval.) Within C 4-, days after thefinal acceptance date of this agreement, Buyer may, at Buyer's sole expense, have the property Inspected by a persons) of Buyer's choice to Identify any structural, mechanical, plumbing, electrical, pest infestation, environinental concerns or other deftclency(s): Within this same period, Buyer may notify Seller In writing of any such 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 inspections, Seiler shall within three(3) business days after said notification (date of notification does not,coont) notify the Buyer In writing which steps, if• any, Seller will tape to remedy any defidency before closing. The Buyer shall within three (3) business days (date of notification does- not count) notify the Seiler in writing that (1) such steps are acceptable, in which case, this agreement, so modified, shall be binding upon all parties; or (2). that aitch steps are het acceptable, In which ease this agreement shall be null and void, and any earnest Money shall be returned to Buyer. Falluire by either Seller or Buyer to give the notification within the three (3) business days as stated above, shall render this agreemeht null and void, and. any earnest money shell be reiurned to Buyer. 13uyer(s)t„ Page 2of4 la is) Sefler(s) 02/17/17 4:o9 r� als) Page 91 of 243 dotloop signature verification: www.dotloop.com/my/verification/DE.-219362115-7-11-130 647 02/17/17 4:26PM CST 02/17/17 4:39PM CST 98-102 (Revised 1/18) Property Address 7 /l -� v`v' 5 ( % ` r/ ti'. OTHER TERMS/CONDITIONS THiS PURCHASE AGREEMENT IS SUBJECT TO: .-57,, -54 J- 42, 33,„, & i LIP r f 5 201 '7 ( 1-1 in t /U ci et' t (; f') coy t E' j Inc) •€V' %iD Baa//iii. tti =�( I^c/ ocl :4/ I !/1/ a ' iI'"I Vo .G w•7a'to1"7 c -91v {) Ga:^�f �a •"'cl /jos -‘ ` �cetvt� j I ie-- v` t�.,r-I Le. i { /" 1-, '4 PLOWs• dg' C Cl, v .±÷zsaw.. C't d' b-' 'ci ii, FRISK OF .LOSS AND INSURANCE, Seller shall bear the risk of Toss or damage to the property prior to closing br, possession, whichever occurs first. Seller agrees to maintain existing insurance and Buyer May purchase additional insurance. In the event of substantial damage or destruction prior to closing, the Buyer shalt have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare thts agreement null and void, The property shall be deemed substantially damaged or destroyed If It cannot be repaired to its present condition on or before the closing date. 10. TITLE PAPERS AND ABSTRACT, At the time of the final payment hereunder, the Seller shall convey the premises to the Buyer by warranty deed and shall furnish the Buyer an abstract of title that, In the case of platted property, begins with the recording of the proprietors plat of subdivision; or with root of title, and that shows marketable record title to the premises vested in the Seller as of the crate of this agreement between the parties hereto. Within a reasonable time after the execution of this agreement, such abstract, certified to a date subsequent to the date hereof, shall be submitted to the Buyer for examination. Buyer or Buyer's attorney shall either approve the title or point out specific objections. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting excepting any made necessary by his own affairs, 11. COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this agreement ehall be subject to Court approval, unless declared unnecessaryby Buyer's attorney. If necessary, the appropriate fiduciary shall promptly proceed to a hearing for Court approval. In that event a Court officer's Deed shall be used to convey title. 12. SURVEY. -Buyer may, at Buyer's sole expense, prior to.closing, have the property surveyed and certified by a Registered Lahti Surveyor. If the survey shows any encroachment on the property or if any Improvements located on the property encroaches on lands of others, the encroachment shall be treated ase title defect. If the survey is required under Iowa Code Chapter 354, Salter shall pay the cost thereof, (Chapter 354 applies only to land which has been divided using a metes and bounds descri •'ti •//n��jj (Initi -rs� Subject to satisfactory contractor evaluation on or before February 24,2017 Buyer(s) Page 3 of 4 Sellet'(s) 02/17/17 - 1 laisj Page 92 of 243 dotloop signature verification: www.dotloop,com/my/verification/DL-219362115-7-1H3E 80.702 (Revised 1/16) Property Address 7/f ecIA 02/17/17 4:39PM CST 02/17/17 4:26PM CST 7 -t % 13. REMEDIES OF THE PARTIES. If Buyer or Seller fails to timely fulfill the terms of this agreement, then the other party shall be entitled to utilize any and ail remedies or actions at law or in equity which may be available to them (including but not limited to: forfeiture, foreclosure, termination, recision, or speoitio performance), and the prevailing party shall further be entitled to obtain judgment for casts and attorney fees. 14. THIS ISA LEGALLY BINDING CONTRACT. This document contains the entire agreement of the parties and supersedes ail prior agreements or representations with respect to the property which are not expressly set forth herein. Any modification of this agreement must be In writing and signed and dated by all parties, TIME IS OF THE ESSENCE in the perforrnonce of each part of this agreement. If not understood, consult your attorney. 15, FOREIGN PERSON STATUS. (PIRPTA, Foreign investment In Real Property Tax Act.) Seller is not a foreign parson as defined in internal Revenue Code Section 1446 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to the Foreign Investors Real Property Tax Aot of 1980, as amended. 16. ELECTRONIC SIGNATURES. In accordanoe with Iowa Code ch. 664D, € ll parties -agree that this transaction oan be conducted by electronic means; Signed and faxed/scanned electronic documents (l,e, pdt) or certified electronic signatures will be binding on all parties. Text messaging and traditional a -malls will not be binding as signatures. 17. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received In writing either by hand delivery, fax, return receipt requested mall or electronic mail. Persons designated for receipt of any notice for the purpose of this agreement shall be the Seller and. (Buyer or their respective agents. A signed copy of this agreement, counteroffers, and all addendume or amendments to this agreement shall, taken together, constitute a :single binding' agreement, 18. •ADDENDUMS ATTACHED TO THIS OFFER INCLUDE: YE' Oil SELLER DISCLOSURE OF PROPERTY CONDITION YE -AJ NO NOT APPLICABLE Y LEAD BASE PAINT DISCLQ$URE Y E1 NO NOTAPPLICABL SEPTIC SYSTEM ARDEI4p li44 YES g NO NOT APPLICAB 19. ACCEPTANCE DATE. When accepted by the Seller, this agreement shall become a binding/agreement for the sale of the above dear:riheci me PI if fhiM tanrr3ament Is not accented by the Seller on or before vv. r• / "2_0 February 18,2017 f � , it shall become null and void andthe®ernes money she i be returned to the Buyer without liability an, the partof'elther party, 20. SELLER HEREBY CIACCEPTS g COUNTERS REJECTS the above agreement on February 17,2017 If Seller has Made a counteroffer by chaneino and initialina any terms. the counteroffer shall become null and vold unless accepted and Initialed by Buyer on or beforeFebruary 20/2017 If Buyer has made a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accept d and thttialed by Seller on or before BU ER (2 cLa g(IYY BUYER 4 dotloop verified 02/17/17 4:39PM CST 8ZBA-DRRX-2CLL-BVZL SEI.LER ADDRESS ADDRESS te RINT NAME cP 49ELLINp IJOENSEe/DROKERAG COMPANY E O • L. IN LioanseetenoxERAea c0MPANY FINALACCEPTANOE DATEIFebruary 17, 2017 This form hes been made available by the Nontteast IOWA Real 0,nalBoard of REALTORB(4 for the convenience of its Brokers and their Weds and auatamefa and has been Copyrighted by Norlheeat Iowa Regional Board of REALTORS®which makes no warranty of the legal effectiveness of this form and disclulme any llebility for domages'resulting frojn Its use. By use of this form the parties agree to this Ilmketton end, retests lha Northeost lows Regional Board of RGALTORB® end all Broker's, agents, and *limesnis; frets any liability arising crit of its use. This form shall not bo reproduced, In whole or in pari, without the prior written eonsenl of the Northeast Iowa Regional Board of REALTORS.® Page4 of 4 Page 93 of 243 BEECHER, FIELD, WALKER, MOMS, HOFFMAN & JOHNTSON, P.C. HUGH M. FIELD JOHN R. WALKER, JR RICHARD R. MORRIS THERESA E. HOFFMAN ERIC w; JOHNSON KEVIN D. AHRENHOLZ D. RAYMOND WALTON JOHN J: WOOD ADNAN MAHMUTAOIC THOMAS C. VERHULST KATE B. MITCHELL NATHAN D. MILLER JORDAN M. TALSMA LAWYERS COURT SQUARE BUILDING - SUITE 300 620 LAFAYETTE STREET P.O. BOX 178 WATERLOO, IOWA 50704 TELEPHONE: (319) 234-1766 FAX: (319) 234-1225 March 15, 2017 Leeca Jones clo Community First National Bank It's Successors and/or Assigns W. LOUIS BEECHER (1921-2012) W.L. BEECHER (1891-1976) JOHN W. RATHERT (1932.2010) Greetings: RE: 718 Kern, Waterloo, IA At your request, we have examined the Abstract of Title to: Lot No. Fifteen (15) Block No. TWO (2) in "Riehls Addition" in Waterloo, Iowa. Said abstract is in one part and commences with the plat ofsaid addition and is continued and certified to March 2, 2017, at 8:00 A.M. by the Black Hawk County Abstract & Title. Based solely on the abstract, we find mercb.antable title to be vested in the: CITY OF WATERLOO pursuant to a quit claim deed executed by Deutsche Bank National Trust Company, dated June 25, 2015, and filed January 27, 2016, as Document No. 2016-13109. Subject to the following exceptions and comments: 1. SPECIFIC :REQUIREMENTS FOR CONVEYANCE. Since the property is owned by the City of Waterloo, a municipal corporation, it is necessary that a copy of the resolution approving the execution of said deed by the governing body of, said corporation and proof of publication and notice to dispose of said real property be filed for record. 2. MORTGAGE(S) AND OTHER VOLUNTARY LIEN(S). None. 3. JUDGMENTS) AND OTHER INVOLUNTARY LIEN(S). None. 4. TAXES. The abstract indicates the amount of the real estate tax for fiscal 2015-2016 payable in fiscal 2016- 2017 is $0. The amount of the .real estate tax for 2016-2017 payable . in fiscal 2017-2018 is not yet unknown, but acts as a lien on the real estate. All previous real estate taxes are paid. No special assessments are shown. to be due or owing. + Establirlied in 1918 Page 94 of 243 5. EASEMENTS. None. 6. ZONING AND OTHER PUBLIC RESTRICTIONS. For the correct zoning classification, urban renewal designation, or other ordinances pertaining to the real estate under examination, you are directed to consult the applicable Government Agency or the City of Waterloo Zoning Administrator. 7. RESTRICTIVE COVENANTS AND OTHER PRIVATE RESTRICTIONS. None. S. MISCELLANEOUS. None. MEMORANDUM The abstract does not disclose whether any solid wastes, hazardous substances, pollutants, above or below ground storage tanks, drainage wells, water wells, landfill sites or other environmentally regulated conditions exist on the property. Such conditions are not ordinarily shown in the abstract, but they may result in injunctions, fines, required cleanup, or other remedial actions under federal, state, or local laws. These laws may impose liens against the property and personal liability against the owner, even though the owner did nothing to create the condition, and acquired the property without knowing about it. We have made no determination with respect to matters which may have arisen since the abstract was last certified, with respect to the rights of parties in possession other than the present titleholder, with respect to liens not of record for work or materials supplied to the premises by mechanics or materialmen, with respect to encroachments or prescriptive easements on the premises, with respect to discrepancies between actual and platted boundaries as revealed by survey, with respect to unpaid charges for water or sewer, with respect to the condition of the real estate or with respect to matters within your own knowledge not appearing of record. Further, we have made no determination as to whether any commencement of work or pre -lien notices have been filed with the Mechanic's Lien Notice Registry. Your examiner also makes no determination with respect to any matters involving bankruptcy that are not on file and contained in the abstract involving any of the parties that have had any interest in the real estate under examination. These are matters for your own investigation and determination. for B MO Title EWJlbjk FIELD, WALKER, OFFMAN & JOHNSON, P.C. Member #2908 Abstract Enclosed to Black Hawk County Abstract & Title + Established in 1918 Page 95 of 243 Seller(s) Buyer(s) Property Address Legal Description GROUP ADDENDUM Rudy Jones Lecca Jones 718 Kern St, Waterloo, IA 50703 (Street Address) (City) (State) (Zip) RIEHLS ADDITION LOT 15 BLK 2 Listing Contract Contract Dated 02/13/2017 Purchase Agreement Other Additions to original contract 8F. Subject to buyer receiving Waterloo Housing Authority down payment assistance of $3500 dotloop verified 03/14/17 5:13PM EDT ILDP-LJNQ-OMY2-LSMS Seller Seller 3731 Pheasant Lane, Waterloo, IA 50701 (319 )232-7100 Fax: (319) 232-7102 Date Date Buyer Buyer 4800 University Ave., Cedar Falls, IA 50613 (319) 266-7100 Fax: (319) 553-0008 Each office is Independently Owned and Operated NOM Date Date PO Box 205, Jesup, IA 50648 (319) 827-3500 Page 97 of 243 dotloop - peoplework, not paperwork. Amendment Changing Closing Date' SIGN ONLY FILE MORE Page 1 of 2 ASSIGNED TO NO ONE dotloop signature verification: dotloop.com/my/verification/DL-227075262-3-2QW1 IOME GROUP Seller ts Buyer s ) Property Address Legal Description Contract Dated AMENDMENT eer Address} Listing Contract Changes to original contract (City) {State (Zap) Purchase Agreement Other ------------------------ Seiler Date Buyer Date Seller Date Buyer Date Pheasant Lane, Wat 232.7100 Fax: (31 IA 51(791 4414{? 1Jsi(Yesslty Ave.. Cedw Falls, IA 59613 137 0, Snifter Ave., 55 7 0 (319 1# (i Ytll(i Fax; {313i S53-+049)3 (3191352.3339 F c: act( taifice is Independently Owned and Operated https://www.dotloop.com/my/loop/44682578/file/227075262 rIy, IA 541'67 1341 1t., lesat, IA 50649 (319/ 821-350 Fax: f411i: Page 371360 743 dotloop - peoplework, not paperwork. Amendment Changing Closing Date SIGN ONLY FILE v MORE v ASSIGNED TO NO ONE Page 2 of 2 City of Waterloo Leeca Jones 718 Kern St, Waterloo, IA 50703 RIEHLS ADDITION LOT 15 BLK 2 02/13/2017 ABOUT DOTLOOP TERMS OF USE PRIVACY POLICY © 2017 DOTLOOP INC Closing and Possession to be on or before Wednesday, April 5, 2017 3731 Pheasant Lane, Waterloo, IA 50701 (319)232-7100 Fax: (319) 232710 4800 University Ave., Cedar Falls, IA 50613 CTRL PO Box 205, Jesup, IA 50648 (319) 266-7100( Fax: (319) 553-000 , (319) 8273500( https://www.dotloop.com/my/loop/44682578/file/227075262 MEMBER ID: SHIFT +Q COPY FIELD `SHIFT,+ DELETE FIELD DELETE SHIFT + CLICK SELECT MULTIPLE FIELDS ICTRLI + SHIFT + Q SAVE DOCUMENT Page pi?65t?/43 CITY OF WATERLOO Council Communication 2017 Spring Stump Removal Project. City Council Meeting: 4/3/2017 Prepared: 3/28/2017 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description D 2017 Spring Stump Removal Contract ❑ Bid Tab SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Documents Cover Memo Backup Material D ate 3/28/2017 - 3:17 PM 3/28/2017 - 3:34 PM 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 Director of Leisure Services for review. Submitted By:Todd Derifield, City Forester Approve the plans, specifications, and bid documents. Read and refer bids to Leisure Services Director for review. City of Waterloo has accumulated 596 stumps to be removed by contractor TBD Forestry Capital Improvement Funds (416-37-4100-2166) N/A N/A City of Waterloo has accumulated 596 stumps over the winter months as a result of the emerald ash borer infestation in Waterloo. City forestry crews need to continue ash tree removals as well as routine tree trimming and will not be able to remove these stumps in an appropriate time frame. N/A Page 100 of 243 CITY OF WATERLOO LEISURE SERVICES COMMISSION 2017 SPRING STUMP REMOVAL PROJECT The Waterloo Leisure Services Commission is seeking bids for 2017 SPRING STUMP REMOVAL PROJECT. BID REQUEST Sealed bids are due 1:OOpm, Thursday, March 30, 2017, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in the first floor conference room in City Hall, Waterloo, Iowa on Thursday, March 30, 2017, at 1:OOpm. Public hearing on the project will be conducted Monday, April 3, 2017, at the regularly scheduled 5:30pm City Council Meeting in the second floor Council Chambers. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2017 SPRING STUMP REMOVAL PROJECT All work to meet City of Waterloo codes. Questions, please contact Todd Derifield, Waterloo City Forester, at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. Page 101 of 243 CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2017 SPRING STUMP REMOVAL PROJECT 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 Thursday, March 30, 2017, until 1:00pm., for the 2017 Spring Stump Removal Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the 2017 SPRING STUMP REMOVAL PROJECT will be opened in the first floor small conference room of the Clerk's Office at City Hall, Waterloo, Iowa, on Thursday, March 30, 2017, at 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 2017 SPRING STUMP REMOVAL PROJECT at 5:30 p.m. on MONDAY, APRIL 3, 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 all labor and materials necessary to remove the designated stumps in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be from April 4, 2017 to a completion date of no later than September 1, 2017. NOTICE OF PUBLIC HEARING page 1 of 3 Page 102 of 243 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid a lump sum price as shown on the Bid Form. 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 stump removal 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 one Contract to the responsible Bidder whose bid, conforming to the Specifications and 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 Bond, within ten (10) days after notification of acceptance of the bid, in the 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 Actions 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. NOTICE OF PUBLIC HEARING page 2 of 3 Page 103 of 243 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of stumps removed at the average contract stump price. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of stumps removed must agree with numbers recorded by the Leisure Services Commission. 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 , 2016 City of Waterloo, Iowa, Suzy Schares, City Clerk NOTICE OF PUBLIC HEARING page 3 of 3 Page 104 of 243 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 All 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. INSTRUCTIONS TO BIDDERS page 1 of 3 -Page 105 of 243 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall 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. 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. VL MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. 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 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. VIII. 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. INSTRUCTIONS TO BIDDERS pa e 2 of 3 -Page 106 of 243 IX. 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 alI 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 cany 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. INSTRUCTIONS TO BIDDERS page 3oof 1307 of 243 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 maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. 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 when required). 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. GENERAL CONDITIONS PAGE 1 OF 3 Page 108 of 243 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. 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 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 their equipment. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Page 109 of 243 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 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 $5,000,000.00 per person $5,000,000.00 $5,000,000.00 per accident $5,000,000.00 per person $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. 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. GENERAL CONDI'T'IONS PAGE 3 OF 3 Page 110 of 243 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2017 SPRING STUMP REMOVAL PROJECT SCOPE OF WORK The Contractor shall provide all labor, equipment, and material necessary to remove the designated stumps in the city owned rights-of-way and city parks in accordance with these specifications. SPECIFICATIONS All stumps and exposed roots shall be ground out to a minimum of 12" below the surrounding soil surface. If there is a mound of soil around the tree stump, this mound shall be ground down level with the surrounding soil. All wood chips, soil, and other debris created by grinding stump to appropriate level shall be disposed of by contractor. Loam soil (black soil) shall be supplied by the contractor and included in the contracted price. It shall be placed in the ground out areas to fill the voids. This soil must be free of large clods, rocks, and other debris. It shall also be raked level with the surrounding soil. Tree trunks or large limbs falling to the ground will occasionally cause holes or depressions during the tree removal operation. Contractor shall fill in these holes or depressions with the described soil above and seed as described below. SEEDING The new soil shall be seeded with a 50/50 mix of Kentucky Bluegrass and Perennial Rye grass (80-90% germination). This seed shall be supplied by the contractor and included in the contracted price. LOCATING UTILITIES All utilities shall be the responsibility of the contractor to locate before any work is done on each and every stump location. MISCELLANIOUS It shall be the Contractor's responsibility to coordinate the removal of automobiles conflicting with the stump removals. It shall be the Contractor's responsibility to contact the local emergency services when major roads are fully or partially blocked for stump removals. COMPLETION DATE Stump removal project shall be completed by September 1, 2017. Page I °Page 111 of 243 NOTIFICATION Contractor shall notify City Forester at Leisure Services office before entering Park locations. Due to scheduled events or ground conditions, contractor's request to enter a Park may be denied at that time. City Forester and Contractor will then determine a more suitable date and time of entering a Park to remove the specified stumps. Contractor shall make golf course work a priority while scheduling work. When conditions are sufficiently dry/firm to operate on the golf course this work shall be completed before other areas in the contract. Contractor shall notify Golf Course Superintendent before entering Iry Warren Memorial Golf Course. Contractor shall verify driving routes with Superintendent and never drive across golf greens, greens collars, fairways, or tees at any time. Contractor shall not work on the golf course on weekends, holidays, or during the following organized events or tournaments: Wednesday May 10- 2:30pm- Dusk West High Girls Metro Meet Thursday May 25- Noon -Dusk- Boy Scouts Timeless Values Tournament Monday June 12- Noon -Dusk- VGM Heartland Conference Outing Wednesday June 14- ALL DAY- Waterloo Junior Golf Association Outing Monday June 26- Noon -Dusk- Love Inc. Tournament Golf course work is expected to be complete by the end of June. ADDITIONAL TOURNAMENTS WILL BE SCHEDULED SO IT IS IMPORTANT TO COORDINATE WITH SUPERINTENDENT AS HE WILL NOTIFY YOU OF ANY ADDITIONAL TOURNAMENTS THAT HAVE BEEN SCHEDULED. DAMAGE PROTECTION All property damaged by the Contractor from the 2017 Fall Stump Removal Project is the responsibility of the Contractor to repair or replace at the Contractor's expense to return to the condition property was before contractor damaged. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Sidewalks damaged by Contractor will also be the responsibility of the Contractor to replace to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. Page 2 o(3age 112 of 243 REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Stump grinder or stump cutter Dump truck Skid loader, tractor, or other equipment with bucket Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this stump removal project. List the year, make and model of the equipment listed. SIZE OF STUMPS Stump sizes listed are actually the Diameter at Breast Height (DBH) of the tree trunk before it was removed. This diameter of the tree was determined by wrapping a diameter measuring tape (measuring inches) around the trunk at 4.5 feet from the ground before the tree was removed. Since many trees have a significant basal flare where the trunk meets the ground, the size of the stump will more than likely be larger than the listed DBH. The height of the stump will be 12" or less. If stump is taller than that it will be mentioned in the comments column of the stump list. LOCATIONS OF STUMPS Locations of stumps are in the city owned rights-of-way and city parks. A list of locations is attached, as well as aerial maps of park stump locations. EXTRA STUMP REMOVALS In the event there is sufficient funding, the city will consider the removal of extra stumps from trees that were removed after the stump removal contract letting. These stumps will be subject to the same specifications for removal as the original lump sum stumps. An appropriate completion date for extra stump removals will be determined after communications between the city and the contractor. Page 3ofFage 113 of 243 ZONE IVtAP Zone 1 W. Airline Hwy a c W. Ridgeway Ave W. 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Front8 ... 9 WINTER RIDGE RD Front 9 815 ALLEN ST Front 1 825 ALLEN ST Front 1 1314 BLACK HAWK ST Front 5 1601 BLACK HAWK ST Front 1 1601 BLACK HAWK ST Front 2 1601 BLACK HAWK ST Front 3 1601 BLACK HAWK ST Front 4 1624 BLACK HAWK ST Front 1 1624 BLACK .......HAWK ST Front 2. . 1624 BLACK HAWK ST Front 3 1624 BLACK HAWK ST Front 4 1624 BLACK HAWK ST Front 5 1705 BLACK HAWK ST Front 1 225 COMMERCIAL ST Median 3 1102 COMMERCIAL S-1 Side 1 1106 COMMERCIAL ST Front 1 1401 COMMERCIAL ST Side 2 1414 COMMERCIAL ST Front 1 1620 COMMERCIAL ST Front 2 1722 COMMERCIAL ST Front 1 1722 COMMERCIAL ST Side 1 SCENIC- IDR S HACKETT RD SCENIC DR UNASSIGNED UNASSJGNED UNIVERSITY AV WALLGATE AV WALLGATE AV WALLGATE AV WILBUR AV WILBUR AV UNIVERSITY AV WINTER RIDGE RD WINTER RIDGE RD WINTER RIDGE RD WINTER RIDGE RD WINTER RIDGE RD ALLEN ST ALLEN ST BLACKHAWKST BLACK HAWK ST BLACKHAWKST BLACK HAWK ST BLACK HAWK ST •••••••• BLACK HAWK ST BLACK HAWK ST BLACK HAWK ST .......,.... BLACK HAWK ST BLACK HAWK ST BLACK HAVVK ST COM M E RC IAL ST W 9TH ST COMMERCIAL ST W 12TH ST COMMERCIAL ST COMMERCIAL ST COMMERCIAL ST W 16TH ST 18 20 16 24 24 48 24 18 14 12 12 26 26 25 18 30 35 22 17 14 15 16 16 7 7 14. 620 14 22 14 44 25 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Center for the Arts N/A N/A NIA N/A N/A N/A 4 808 GRANT AV Front 1 .. 4 1029 GRANT AV Front 2 4 102 HOOVER ST Front 2 4 319 JEFFERSON ST Side 1 4 319 JEFFERSON STSide2 4 928 JEFFERSON ST Side 1 4 928 JEFFERSON ST Side 1 4 928 JEFFERSON ST Side 2 ..:.::. 4 928 JEFFERSON ST 4 928 JEFFERSONSTSide 4 928 JEFFERSON ST Side 34 1401 JEFFERSON ST Front 14 1402 FERSON ST Front 1. 4 1502 JEFFERSON ST Side 1 4 1522 JEFFERSON ST Side 2 4 1522 JEFFERSON ST Side 3 4 1609 JEFFERSON ST Front 1 4 1727 JEFFERSON ST Front 1 4 1908 JEFFERSON ST Front 1 4 910 LEAVITT . : 4 921 LEAVITT ST Front 1 . . 4 934 LEAVITT ST Front 1 4 935 LEAVITT ST Front 1 4 1322 LEAVITT ST Front 1 4 1322 LEAVITT ST Front 2 4 127 LINWOOD AV Front 1 4 209 LINWOOD AV Front 1 4 504 PLEASANT ST Side 2 4 911 SOUTH ST Front 4 1238 SOUTH ST Side 14 (c)(r, 175 VV 17TH ST Side 1 4(0 211 W 17TH ST Front 4 4 R 211 W 17TH ST Front 6 4541i, .. GRANT AV GRANT AV GRANT AV HOOVER ST W 3RD ST VV 3FD ST W 7TH ST VV 8TH ST W 7TH ST VV 8TH ST W 7TH ST . , W8TH ST JEFFERSON ST JEFFERSON ST W 13TH ST W 14TH ST W 14TH ST JEFFERSON ST JEFFERSON ST JEFFERSON ST JEFFERSON ST LEAVITT ST LEAVITT ST LEAVITT ST LEAVITT ST LEAVITT ST LEAVITT ST LEAVITT STLINWOOD AV LINWOOD AV W 6TH ST SOUTH ST LINWOOD AV BLACK HAWK ST W 17THST W 17TH ST. 19 12 8 29 36. 18 14. 17 16 14 13 32 ....„ 29 19 29 20 14 14 42 20 32 2829 33 17 21 29 32 38 15 9 11 N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A NIA N/A N/A NIA N/A N/A NIA N/A N/A NIA N/A N/A NIA N/A .......: N/A N/A NIA N/A N/A N/A N/A N/A N/A N/A Over l' tall 30" in diameter 211 W 17TH ST Side 1 211 WI7THSTSIde3. . 211 W 17TH ST Side 5 211 W 17TH ST Side 7 191 W 5TH ST Side 1 719 W 6TH ST Side 1 817 W 6TH ST Front 1 817 W 6TH ST Fr(3«rit 2 1047 W 6TH ST Front 1 1053 W 6TH ST Side 1 1053 W 6TH ST Side 2 1115 VV 6TH ST Front 2 906 W 7TH ST Front 1 W 7TH ST 8, ALI_EIV ST 1214 W 7TH ST Front 1 1218 W 7TH ST Front 1 623 W 8TH ST Front 1 623 W 8TH ST Front 2 1105 W 8TH ST Front 1 1105 W8THSTFrorit2 1110 W 8TH ST Front 1 1125 W8THSTFront11125 W 8TH ST Front 2 1135 W 8TH ST Front 1 615 W 9TH ST Front 1 815 VV 9TH ST Front 1 927 W 9TH ST Side 1 928 W 9TH ST Side 1 812 WASHINGTON ST Side 1 812 WASHINGTON ST Side 2 812 WASHINGTON ST Side 2 81.2. 812 ST Side 3 ___ 812 WASHINGTON ST Rear 1 812 WASHINGTON ST I:Rear 2 812 WASHINGTON ST Rear 3 1218 WASHINGTON ST Side 4 1218 WASHINGTON ST Side 9 1628 WASHINGTON ST Median 31 COMMERCIAL ST COMMERCIAL ST COMMERCIAL ST • NEAR LEVEE WELLINGTON ST W 6TH ST W6TH STW 6TH ST JOHNSON ST JOHNSON ST W6THST W7THST W7TH ST W7THST W7TH ST W 8TH ST W 8TH ST W 8TH ST W 8TH ST W 8TH ST W 8TH ST W 9TH ST W 9TH ST LEAVITT ST •LEAVITT ST W7THST W 6TH ST W 7TH ST W6TH ST SOUTH ST SOUTH ST SOUTH ST W 11TH ST W 11TH ST WASHINGTON ST 12 8 10 15 21 22 14 3 30 29 14 14 16 20 24 20 25 31 24 17 11 9 18 48 14 16 16 16 15 16 11 N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A Leavitt Square N/A N/A N/A N/A NIA N/A N/A N/A NIA NIA N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A. N/A N/A SEE MAP C&S AUTO C&S AUTO C&S AUTO C&S AUTO C&S AUTO C&S AUTO C&S AUTO SEE MAP SEE MAP SEE MAP 1628 WASHINGTON ST Median 153 800 WELLINGTON ST Front 2 1012 WELLINGTON ST Front 1 1103 WELLINGTON ST Front 1 811 WILLISTON AV Front 1 837 WILLISTON AV Side 1 837 WILLISTON AV Side 2 1001 WILLISTON AV Side 1 1151 WILLISTON AV Front 1 1155 WILLISTON AV Ic1Q1. 1155 WILLISTON AV Side 2 1225 WILLISTON AV Front 1 1227 WILLISTON AV Front 1 1227 WILLISTON AV Side 1 1227 WILLISTON AV Side 2 1513 WILLISTON AV Front 1 1517 WILLISTON AV Front 1 1757 WILLISTON AV Side 2 3640 CANTERBURY CT FRONT 1 1946 E SAN MARNAN DR MEDIAN 1 3365 MT VERNON DR Front 1 W 9TH ST & COLUMBUS DR W 9TH ST & COLUMBUS DR 1056 PROSPECT BD Front 1 1001 SOUTH HILL DR Unassigned 1 5049 HESS RD Side 1 5049 HESS RD Side 4 1556 BERTCH AV Side 2 1663 BERTCH AV Front 2 1300 BYRON AV Side 1 431 GLADYS ST Front 1 812 HAMMOND AV Front 1 1516 HAWTHORNE AV Front 1 1552 HAWTHORNE AV Front 2 650 LA PORTE RD Front 2 650 LA PORTE RD Front 3 650 LA PORTE RD Front 4 650 LA PORTE RD Front 5 WASHINGTON ST WELLINGTON ST WELLINGTON ST WELLINGTON ST WILLISTON AVW7TH ST W 7TH ST W8THST WILLISTON AV HOOVER ST HOOVER ST WILLISTON AV WILLISTON AV RANDOLPH ST RANDOLPH ST WILLISTON AV WI WSTON AV WILLISTON AV CANTERBURY CT E SAN MARNAN DR MT VERNON DR W 9TH ST W 9TH ST PROSPECT BD UNASSIGNED E SHAULIS RD E SHAULIS RD OREGON ST BERTCH AV RANDOLPH ST GLADYS ST HAMMOND AV HAWTHORNE AV HAWTHORNE AV LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD 8 28 14 42 20 24.:.i 33 29 27 29 12 26 37 22 4 2 29 12 11 18 18 24 2029 9 47 28 30 33 5 3 5 8 N/A NJA N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A • N/A NJA N/A Bontrager Park Bontrager Park NIA N/A N/A N/A N/A N/A N/A NIA N/A NIA NIA N/A N/A NIA N/A SEE MAP Over 1tali Steel in stump Over 1' tall SEE MAP SEE MAP SEE MAP SEE MAP 650 LA PORTE RD Front 6 650 LA PORTE RD Front 7 650 LA PORTE RD Front 8 650 LA PORTE RD Front 9 650 LA PORTE RD Front 10 650 LA PORTE RD Front 11 650 LA PORTE RD Front 12 650 LA PORTE RD Front 13 650 LA PORTE RD Front 14 650 LA PORTE RD Front 15 700 LA PORTE RD Front 1 700 LA PORTE RD Front 2 700 LA PORTE RD Front 3 700 LA PORTE RD Front 4 700 LA PORTE RD Front 5 700 LA PORTE RD Front 6 6 1833 PATTON AV Front 1 6 11625 W 6TH ST Front;1 6 2300 W 7TH ST 6 1640 WILLISTON AV Front 1 7 500 E 4TH; ST Front 3' 500 •E 4TH ST Front 4 500 E 4TH` ST Front 5 500 E 4TH ST Front 6 525 FRANKLIN ST Front 1 525 FRANKLIN ST Front 2 525 FRANKLIN ST Front 3 525 FRANKLIN ST Front 4 5525 FRANKLIN ST Front 5 525 FRANKLIN ST Front 6 525 FRANKLIN ST Front 7 525 FRANKLIN ST ront 8 7 7 7 7 7 7 -203 .. 7(' 7r) 7 0. 525 FRANKLIN ST Front 9 525 FRANKLIN ST Front 10 525 FRANKLIN ST Front 11 525 ..: FRANKLIN ST Front 12 525 FRANKLIN ST Front 13 525 FRANKLIN ST Front 14., LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD LA PORTE RD PATTON AV VV 6TH ST LORRAINE AV WILLISTON AV E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST E 4TH .,_. _.... 4 ST E 4TH ST E 4TH ST E 4TH ST E 4TH ST 4 4 4 8 10 12 6 4 4 4 6 5 10 10 8 4 38 40 32 47 16, 21 22 18.. 11 7 16 17 17 18 17. 10. 12 16; 11 12 11 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A.. N/A N/A N/A.. N/A N/A N/A N/A N/A N/A NIA .:............. N/A N/A N/A N/A NIA NIA N/A N/A NIA SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP SEE MAP 619 FRANKLIN ST Front 1 7 619 FRANKLIN ST Front 2 7 7. 723 FRANKLIN ST Front 1 ... 957 FULTON ST Side 1 7 2154 ',LAFAYETTE ST Side 1 7 132 MONROE ST Front 1 7 1102 ;MULBERRY ST Side 1 7 317 POLK ST Front 1 7........... . 326 POLK ST Front 2 ...:............... 7 327 POLK ST Front 1 7 327 POLK ST Front 2 7 1656 SYCAMORE ST Side 27 8 "...._ . 340 COLUMBIA CR Front 2 8 1000 FLETCHER AV Unassigned 1 8 1000 FLETCHER AV Unassigned 14. $ 1000 FLETCHER AV Unassigned 18 $._ 1000 FLETCHER AV Unassigned 19 8 1000 FLETCHER AV Unassigned 20 8 1000 FLETCHER AV Unassigned 21 8 1000 FLETCHER AV Unassigned 27 8 1000 ; FLETCHER AV Unassigned; 29 ... 8 1000 FLETCHER AV Unassigned 33 $ 1000 FLETCHER AV Unassigned 40 $ 1000 FLETCHER AV Unassigned 42 8... 1000 FLETCHER AV Unassigned 44. 8 1000 FLETCHER AV Unassigned 59 8 1000 ; FLETCHER AV Unassigned 67 $ 1000 FLETCHER AV Unassigned 68 $ .. 1000 FLETCHER AV Unassigned76 8 1000 FLETCHER AV Unassigned 94 8 1000.! FLETCHER AV Unassigned 95 8 1000 FLETCHER AV Unassigned 97 8.. 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Memorial Golf Course 10 Iry Warren ;Memorial Golf Course 14 Byrnes Park 21 Iry Warren `Memorial Golf Course 23 Byrnes _.. s Park 17 Iry Warren Memorial Golf Course 17 Iry Warren Memorial Golf Course 15 Iry Warren Memorial Golf Course 17 lry Warren Memorial Golf Course Over 1' tall; 4' in diam. 8 8 8 8 .... 8 8 8 8 8 8 8 8 8 -0 8 (0 8 8 8a 1000FLETCHER AV Unassgnetl 156 1000 FLETCHER AV Unassigned 157 1000 FLETCHER AVFUnasslgned 158 1000 FLETCHER AV Unassigned 161 1000 FLETCHER AV Unassigned 163 1000 FLETCHER AV Unassigned 174 1000 FLETCHER AV Unassigned 175 1000 FLETCHER AV Unassigned 176 1000„ FLETCHER AV Unassignedy 185 1000 FLETCHER AV Unassigned 187 1000 FLETCHER Unassigned 224 1000 FLETCHER AV Unassigned 234 1000 FLETCHER AV Unassigned 244 1000 FLETCHER AV Unassigned 246 1000 FLETCHER AV Unassigned 247 1000 FLETCHER AV Unassigned 250 1000 FLETCHER AV Unassigned 251.. 1000 FLETCHER AV Unassigned 252 1000 FLETCHER AV Unassigned 269 1000 FLETCHER AV Unassigned 283 1000 FLETCHER AV Unassigned 284 1000 FLETCHER AV Unassigned 308 1 000 FLETCHER AV Unassigned 309 1000 FLETCHER AV Unassigned 310 1000 'FLETCHER AV Unassigned 312 1000 FLETCHER AV Unassigned 312 1000„FLETCHER AV Unassigned 313 1000 FLETCHER AV Unassigned 313 1000 FLETCHER AV Unassigned 317; 1000 `FLETCHER AV Unassigned 318 1000 FLETCHER AV Unassigned 327 1000 FLETCHER AV Unassigned 328 1000 FLETCHER'AV Unassigned 332 1000 FLETCHER AV Unassigned 374 1000 FLETCHER AV Unassigned 376 1000 FLETCHER AV Unassigned 441 1000 FLETCHER AV Unassigned 463 1000 FLETCHER AV Unassigned 465 UNASSIGNED UNASSIGNED U.NASSIGN ED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED 16 14 17 15 21 16... 18 _... 17 39. 37 17. 19 1.6. 17 18 19 20 22 _. 17 18 20 7 13 11 16 17 2 15 12 15. 20 22... 18 17 2.2 18 Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Byrnes Park Byrnes Park Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren memorial GoIf Iry Warren Memorial Golf Ery Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf. Iry Warren Memorial Golf Iry Warren Memorial Golf. Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren`Memorial Golf o Iry Warren Memorial _.of. rial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren 'Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf Iry WarrenMemorial Golf Course 13' diameter Course Over 1' tall. 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FLETCHER AV -Unassigned 545 1000 FLETCHER AV Unassigned 546 1000 FLETCHER AV Unassigned 550 1000 FLETCHER AV Unassigned 551 1000 FLETCHER AV Unassigned 552 1000 FLETCHER AV Unassigned 556 1000 FLETCHER AV Unassigned 557 1000 FLETCHER AV Unassigned 567 1000 FLETCHER AV Unassigned 568 1000 FLETCHER AV Unassigned 569 1000'FLETCHERAV Unassigned' 570 1000 FLETCHER AV Unassigned 571 1000 FLETCHER Unassigned 578 1000 FLETCHER AV Unassigned 613 1000 FLETCHER AV Unassigned 614 1000 FLETCHER AV Unassigned 622 1000 FLETCHER AV Unassigned 627 1000 FLETCHER AV Unassigned 628 1000 FLETCHER AV Unassigned 629 1000 FLETCHER AV Unassigned 635 1000 FLETCHER AV Unassigned 645; 1000 FLETCHER AV Unassigned 650 1000 FLETCHER AV Unassigned 652 1000 FLETCHER AV Unassigned 653 1000' FLETCHER AV Unassigned; 660 1000 FLETCHER AV Unassigned 664 UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED NASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED: UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED 23 20 20 22 19 22 21 21 21 17 21 16 16 1.2 17 17 16 6. 16 16 16 16 17. 17 16 15 24 24 12 21. 21". 21. 21 12 12 Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf lury Warren Memorial Golf Over 11 tall, 3' diameter 3' diameter 3' diameter 4' diameter Iry Warren Memorial Golf Course Iry Warren Golf Course Iry Warren Men -lona' Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf 3' diameter Iry Warren " ....., ... 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Golf Course Iry Warren Memorial Golf Over 1 ` _ .__... ___tall; 3' diameter • 8 88 8 8 8 8. 8 8. 8 8 8 8. 8 8 8 8 8 8 8. 8 8• 8 8 8 8 8 8 0. 1 000 FLETCHER AV Unassigned 909 1000 FLETCHER AV Unassigned 910 1000 FLETCHER AV Unassigned 912 1000 FLETCHER AV Unassigned 914 1000 FLETCHER AV Unassigned 915 1000 FLETCHER AV Unassigned 916 1000 FLETCHER AV Unassigned 925 1000 FLETCHER AV Unassigned 930 1000 FLETCHER AV Unassigned 931 1000 FLETCHER AV Unassigned 935 1000 FLETCHER AV Unassigned 964 1000 FLETCHER AV Unassigned 965 1000 FLETCHER AV Unassigned 991 1000 FLETCHER AV Unassigned 992 1000 FLETCHER AV Unassigned 993 1000 FLETCHER AV Unassigned 994 1000 FLETCHER AV Unassigned 998 1000 FLETCHER AV Unassigned 999 1000 FLETCHER AV Unassigned 1000 1000 FLETCHER AV Unassigned 1005 1000 FLETCHER AV Unassigned 1026 1000 FLETCHER AV Unassigned 1044 1000 FLETCHER AV Unassigned 1075 1000 FLETCHER AV Unassigned 1079 1000 FLETCHER AV Unassigned 1080 1000 •FLETCHER AV Unassigned 1082 1000 FLETCHER AV Unassigned 1087 1000 FLETCHER AV Unassigned 1088 1000 FLETCHER AV Unassigned 1090 1000 FLETCHER AV Unassigned 1104 1000 FLETCHER AV Unassigned 1108 1000 FLETCHER AV Unassigned 1122 1000 FLETCHER AV Unassigned 1123 1000 FLETCHER AV Unassigned 1131 1000 FLETCHER AV Unassigned 1133 130 GRACELINE BD Front 4 172 GRACELINE BD Front 2 100 IVIARTIN RD Unassigned 2 UNASSIGNED. UNASSIGNED UNASSIGNED UNASSIGN ED UNASSIGNED UNASSIGNED. UNASSIGNED UNASSIGNED UNASSIGNED U NASSIGNED UNASSIGNED U NASSIGNED UNASSIGNED U NASSIGNED UNASSIGNED UNASSIGNED . ...UNASS1 GNED UNASSIGNED. UNASSIGNED UNASSIGNED U NASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED U NASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNEDUNASSIGNED UNASSIGNED UNASSIGNED UNASSGNED GRACELINE BD GRACELINE UNASS 11 9 5 30 16 16 19 10 10 19 23 24 25 23 16 16 16 17 18 26 9 10 14 11 10 15 9 12 12 22 14 13 16 9 18 26 15 15 Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course In, Warren Memorial Golf Course Iry Warren Memorial Golf 4' diameter Iry Warren Memorial Golf Course Iry Warren Memorial Golf 3' diameter Iry Warren Memorial Golf 3' diameter Iry Warren Memorial Golf Course VVarren Memorial Golf Cotirse Iry Warren Memorial Golf Iry Warren Memorial Golf Iry Warren Memorial Golf 3' diameter 31 diameter 4' diameter Iry Warren Memorial Golf Course Iry Warren Memorial Golf 3diameter IN Warren Memorial Golf Course Iry Warren Memorial Golf Course IR, Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf 15' diameter Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course IN Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf 14' diameter Iry Warren Memorial Golf Course Iry Warren Memorial Golf 13' diameter Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course Iry Warren Memorial Golf Course N/A N/A Iry Warren Memorial Golf Over 11 tall; 3' diameter 8 8 8 8 8 9 9 9 9 .__. 9 9 9 9 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 1.00 .... _ 1c 1d 1(N, t5 w 146 MARTIN RD Unassigned 1 120 NORFOLK RD Front 1 229 PROSPECT :.._. .,.__:...- BD Median 1 277 S HERI DAN"' RD Front 201 SUNSET RD Side 1 406 COTTAGE ST Front 1 2012 E 4TH ST Front 1 E 4TH ST & LESTER ST 1211 N BARCLAY ST Front 1 737 WEBSTER ST Front 1 348 ELK RUN RD. - NORTH Rear 348 ELK RUN RD_ - NORTH Rear 2 MILDRED AV & E DONALD ST 327 ALMOND ST Front 1 420 ALMOND ST Front 1 424 ALMOND ST Front 1 420 ARGYLE ST Front 2 428 ARGYLE ST Side 1 428 ARGYLE ST Side '3 _-- 428 ARGYLES T Side 4 431 ARGYLE ST Front 1 431 ARGYLE ST Front 2 506 ARGYLE ST Front 1 216 CENTER ST Front 1 216 CENTER ST Front "2 410 CENTER ST Front 2 403 CHESTNUT ST Front 2 403 CHESTNUT ST Front 3 403 CHESTNUT ST Front 6 403 CHESTNUT ST Front 7 403 CHESTNUT ST Front 8 229 CLAY ST Front 1 229 ;CLAY ST Front 2' 326 CLAY ST Side 3 327 CLAY ST Side 1 504 CLAY ST Front 1 504 CLAY ST Side 1 504 CLAY ST Side 2 UNASSIGNED NORFOLK RO PROSPECT BD SHERIDAN,RD PROSPECT BD COTTAGE ST E 4TH ST LESTER ST N BARCLAY ST WEBSTER ST ELK RUN RD ELK RUN RD` E DALE ST ALMOND ST ALMOND ST ALMOND ST' ARGYLE ST IOWA ST IOWA ST IOWA ST ARGYLE ST ARGYLE ST ARGYLE ST CENTER ST CENTER ST CENTER ST CLAY ST CLAY ST CLAY ST CLAY ST CCLAY ST LAY ST CLAY ST SAXON ST SAXON` ST CLAY ST DAN E ST DANE ST 17 16 27 28 14. 26 31 23 20..._.. 32 32,. 3 13 10 19 21 31 32 16 20 22 22 12 12 1.4 16 32 13 18 16 30. 16 17 24 11 22 35 34 Iry Warren Memorial Golf N/A N/A N/A N/A N/A N/A Gates Park N/A N/A POLICE SHOOTING RANGE POLICE SHOOTING RANGE Gates Park �. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A ................................................................ . N/A N/A N/A N/A N/A N/A N/A N/A N/A ..' N/A 3' diameter 4' in diameter Located in Blvd. 3' in diameter Over 1' tall Over 1' tall 10 1010 10 10 10 10 10 10 1 0 10 10 10 0 10 10 10 10 _ 10 1 0 10 10 10 10 10 10 10 10 10 10 10 10 10 occi 10 1 0(0 10, 504 CLA 324 COLUMBIA ST Side 1 447 COLUMBIA ST Front 1 499 COLUMBIA ST Side 1 327 CRESCENT PL Front 1 422 DANE ST Side 1 427 DANE ST Rear 2 325 E 2ND ST Front 1 106 E 3RD ST Front 1 106 E 3RD ST Front 2 106 E 3RD ST Frorlt 3 106 E 3RD ST Front 4 106 E 3FD ST Frorlt 5 627 E 4TH ST Front 1 627 E 4TH ST Side 2 627 E 4TH ST Side 3 225 E MULLAN AV Side -1 229 E PARK AV Side 1 229 E PARK AV Side 4 229 E PARK AV Side 5 229 E PARK AV Side 6 316 EDWARDS ST Front 1 409 EDWARDS ST Front 1 432 EDWARDS ST Front 1 505 FRANKLIN ST Side 2 505 FRANKLIN ST Side 3 505 FRANKLIN ST Rear 1 505 FRANKLIN ST Rear 2 505 FRANKLIN ST Rear 3 311 IOWA ST Front 1 311 IOVVA ST Front 2 31 LAFAYETTE ST Front •1 50 LAFAYETTE ST Front 1 62 LAFAYETTE ST Front 1 220 LAFAYETTE ST Side 1 303 LAFAYETTE ST Front 2 425 LAFAYETTE ST Front 1 425 LAFAYETTE ST Front 2 BRATNOBER ST COLUMBIAST EDWARDS ST CRESCENTPL. IOWA ST CHESTNLJT ST E 2ND ST E 3RD ST E 3RD ST E 4TH ST LJME ST LIME ST LAFAYETTE ST LAFAYETTE ST LAFAYETTE STLAFAYETTE LAFAYETTE ST EDWARDS ST EDWARDS ST EDWARDS ST E 4TH ST WALNUTWALNUT ST ST WALNUTST IOWA ST IOWAST LAFAYETTE ST LAFAYETTE ST LAFAYETTE E ST E2NDSTLAFAYETTE ST LAFAYETTE ST LAFAYETTE ST 26 23 27 26 24 32 14 24 5 12 14 16 14 14 15 18 16 19 18 13 13 25 27 17 17 16 10 12 10 12 12 28 24 19 21 19 33 34 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA NIA NIA N/A N/A N/A N/A N/A NIA N/A Over l' tall, 30" in dia. Landscaping present 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 515 LIME ST Front 1 515 LIME ST Front 2 515 LIME ST Side 1 515 LIME ST Side 1 515 LIME ST Side 2 515 LIME ST Side 2 139 LINCOLNST Front 1 . . 623 LINCOLN ST Front 1 623 LINCOLN ST Front 2 701 LOGAN AV Front 1 832 LOGAN AV Front 2 324 MULBERRY ST Front 2 200 PARK RD Side 1 201 PARK RD Front 1 850 PARK 516 PINE- ST Front 1 332 SAXON ST Front 1 339 SAXON ST Side 1 339 SAXON ST Side 2 408 SAXON ST Front 1 433 SAXON ST Side 1 116 ST ALBANS ST Front 1 130 ST ALBANS ST Front 2 209 THOMPSON AV Front 1 209 THOMPSON AV Front 2 215 THOMPSON AV Front 1 415 THOMPSON AV Front 1 LIME ST LIME ST IOWA ST WALNUT ST IOWA ST WALNUT ST LINCOLN ST LINCOLN ST LINCOLN ST LOGAN AV LOGAN AV MULBERRY ST ST ALBANS ST PARK RD PARK RD by Lagoon PINE ST SAXON ST CLAY ST CLAY ST SAXON ST IOWAST ST ALBANS ST ST ALBANS ST THOMPSON AV THOMPSON AV THOMPSON AV THOMPSON AV 25 N/A 14 24 N/A N/A 7 N/A 22 N/A 26 18 20 17 25 26 23 26 31 41 31 17 25 24 20 30 20 23 18 12 30 15 N/A NIA N/A N/A N/A N/A N/A N/A Cedar River/Exchange Park N/A N/A N/A NIA N/A NIA N/A N/A N/A N/A N/A N/A Landscaping present Landscaping present Landscaping present 3 diameter Swampy Area Over 1' tall 9' diamlejt 4Of%.%11Ct 5Offk?Jl Complex 9rres Peak Summ;+ CoirvpI tX Rope martin Park Center dor '+k¢. Arh Le.ov'ft S 1 u ark aiB LoctsINPAgliron s+. 1 to as Loash•Askvin ineet Aft I q 4t E. Sa,IT'arAan Bo*o.e f%rk TJ ?C201 6sCo *700 LA PoRTE Rig £jz 4o £ a6ed o SS Froitk1n Lry b)ovren rrtl,,4bDT%�1 CoIf Cour€. N W Gaffes rk PO1%Ct Soo#iny RA/VAC GrrEs PARK Ce&o Rewer/Exckany, ark BIDDER: CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for 2017 SPRING STUMP REMOVAL PROJECT COMPANY NAME ADDRESS: 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 2016 FALL STUMP REMOVAL PROJECT, in accordance with the contract documents and for the lump sum price for the removal of the 583 stumps along City owned rights-of- way, parks & golf courses as listed in the attached documents for the following amount: TOTAL BID PRICE: Dollars ($ ) 2. In submitting this bid, the Bidder understands that the City reserves the right 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. 5. The Bidder is prepared to submit a financial and experience statement upon request. BLD FORM page 1 of 2 Page 149 of 243 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 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: / / 8. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 9. The Bidder shall list all equipment available for this project: 10. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 11. The bidder has attached all applicable forms. 12. 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. SIGNED: DATE: / / Name and Title BID FORM page 2 of 2 Page 150 of 243 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All 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 landscape work similar in importance to the project. 13. Background and experience of the principal rnernbers 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. STATEMENT OF I3IODERS QUALIFICATIONS Pcd&F51 of 243 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 expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS Pgc®F1z52 of 243 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 Witness Principal By (Seal) (Title) (Seal) Surety By Witness Attorney -In -Fact BID BOND PAGE 1 OF 1 Page 153 of 243 NON -COLLUSION 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 Sulra-cari,b-ed.a.vtd'sworn, tobefore. me. t clay of , 201.7. Si -nature, rate, My epire� Page 154 of 243 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) that: , being first duly sworn, deposes and says 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 2017 SPRING STUMP REMOVAL 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 Stkincrthefiiaruiworn/to-ire-fore. rvi,e/thbk day of , 2017. SizetatTGre. rim My e4zpi iArers, Page 155 of 243 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. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 Page 156 of 243 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. 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 EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 157 of 243 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for 2017 SPRING STUMP REMOVAL PROJECT This Contract for 2017 SPRING STUMP REMOVAL PROJECT (the "Contract") is made and entered into on , 2017, by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f. Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Stump Removal Contract - Pae 1 of 3 Page 158 of 243 City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Stump Removal Contract - Pe 2 of Frage '159 of 243 except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Dollars ($ ) IN WITNESS WHEREOF, the parties have executed this Contract for Stump Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR Mayor City Clerk Name of Contractor By: Title: Stump Removal Contract - Aa e 3 of 3 Page 160 of 243 2017 STUMP REMOVAL PROJECT Bid Tab: March 30, 2017 Estimate: $ Bid Security Required Bidder Bid Security Bid Amount Schaefer Tree & Lawn Service Waterloo, IA $5,749.50 Check #5503820185 $114,990 Twin City Tree Service Waterloo, IA $6,200 Check #101565302 $124,000 JBL Rental & Tree Service Parkersburg, IA $4,500 Check #10329712 $90,000 Wilson Custom Tree Cresco, IA 5% Bid Bond $86,714.25 B&B Lawn Care, Inc. Waterloo, IA $6,196 Check #101565303 $123,908.40 Hudson Hardware Plumbing & Heating, Inc. Hudson, IA 5% Bid Bond $97,148 Page 161 of 243 CITY OF WATERLOO Council Communication FY 18 Police vehicle equipment needs. City Council Meeting: 4/3/2017 Prepared: 3/28/2017 REVIEWERS: Department P olice Department Clerk Office ATTACHMENTS: Description D Bid Tab SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Krogh, Frank Even, LeAnn Action Approved Approved Type Backup Material D ate 3/28/2017 - 12:51 PM 3/28/2017 - 1:08 PM 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 bid documents, specifications, form of contract, estimate of cost, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of contract to Electronic Engineering of Waterloo, Iowa in the amount of $13,496.71 for the FY17-18 Police vehicle equipment needs, and authorize Mayor and City Clerk to execute said documents. Submitted By: Captain Frank Krogh Approve bids and authorize the Police Department to fulfill Police Vehicle equipment needs through FY 18. The purchase of equipment and installation for squad cars are bid out on an annual basis. Page 163 of 243 FY17-18 POLICE VEHICLE EQUIPMENT NEEDS Bid Tab: March 30, 2017 Estimate: $13,500 No Bid Security Required Bidder Bid Amount Electronic Engineering Waterloo, IA $13,496.71 Page 164 of 243 CITY OF WATERLOO Council Communication Replacement of fuel pump dispensers at the City fuel distribution site. City Council Meeting: 4/3/2017 Prepared: 3/28/2017 REVIEWERS: Department Public Works Department Clerk Office Reviewer Rice, Mark Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: D ate 3/28/2017 - 11:28 AM 3/28/2017 - 1:02 PM Motion to receive and file proof of publication and 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 City Clerk to read bids and refer to Public Works Director for review. 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 replacement of dispensers prior to catastrophic failure which could cripple emergency services throughout the City and County. Initial Budget: $60,000 413-18-7950-2110 Funds were approved for this project in the Capital Improvement Program. Page 165 of 243 REPLACEMENT OF FUEL PUMP DISPENSERS AT THE CITY FUEL DISTRIBUTION SITE Bid Opening: March 30, 2017 Estimate: $60,000 Bid Security Required Bidder Bid Security Bid Amount Dick's Petroleum Company Check #055568 Tripoli, IA $1,643.71 $40,576.53 Acterra Group o Marion, IA 5 /o $47,800.00 Central Petroleum Equipment o Blue Grass, IA 5 /o $45,015.00 Page 166 of 243 CITY OF WATERLOO Council Communication Resolution approving Convention and Visitors Bureau board recommendation for funding in the Event/Capital Hotel -Motel Tax GRant funds for FY2018. City Council Meeting: 4/3/2017 Prepared: 3/31/2017 REVIEWERS: Department Hotel/Motel Discretionary Funding Department Reviewer Felchle, Kelley Action D ate Approved 3/31/2017 - 12:42 PM ATTACHMENTS: Description Type D Cover Sheet Backup Material ❑ FY2018 Grants Backup Material SUBJECT: Submitted by: Summary Statement: Resolution approving Convention and Visitors Bureau board recommendation for funding in the Event/Capital Hotel -Motel Tax GRant funds for FY2018. Submitted By: Aaron Buzza, Executive Director Waterloo Convention & Visitors Bureau The CVB board has reviewed 19 applications for funding in the Event Grant fund for Fiscal Year 2018, and has recommended funding 18 applications in the total amount of $134,620. Applicants, their request, scoring percentage, recommended funding, expected property tax and economic impact are listed on a subsequent page. Available funding for FY18 is $135,000. The economic impact and property tax figures were calculated using an economic impact calculator developed for Convention & Visitors Bureaus by Destination Marketing Association International and Oxford Economics. The figures are generated from both visitor and event organizer spending, and were calculated using the most conservative figures available to us in the applications. Expenditure Required: $134,620 Source of Funds: Hotel -motel tax grant funding for FY18 Alternative: Do not provide funding or provide recommendations for alternate funding. The Event Grant applications are for projects that bring visitors to Waterloo Page 167 of 243 Background Information: for the project in FY18 and beyond. The requests and funding recommendations based solely on scored percentage exceeded the amount available for funding. The total amount available was 83% of the percentage -based recommendations, and as a consequence the recommendations for funding are 83% of the initial percentage -based recommendations for each applicant. Page 168 of 243 Council Communication City Council Meeting: April 3, 2017 Prepared: March 27, 2017 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Hotel/Motel Tax Grant Recommendations Submitted by: Aaron Buzza Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for FY18. Summary Statement: The CVB board has reviewed 19 applications for funding in the Event Grant fund for Fiscal Year 2018, and has recommended funding 18 applications in the total amount of $134,620. Applicants, their request, scoring percentage, recommended funding, expected property tax and econoimc impact are listed on a subsequent page. Available funding for FY18 is $135,000 The economic impact and property tax figures were calculated using an economic impact calculator developed for Convention & Visitors Bureaus by Destination Marketing Association International and Oxford Economics. The figures are generated from both visitor and event organizer spending, and were calculated using the most conservative figures available to us in the applications. Expenditure Required: $134,620 Source of Funds: Hotel -motel tax grant funding for FY18 Policy Issue: None Alternative: Do not provide funding or provide recommendations for alternate funding. Background Information: The Event Grant applications are for projects that bring visitors to Waterloo for the project in FY18 and beyond. The requests and funding recommendations based solely on scored percentage exceeded the amount avaialble for funding. The total amount available was 83% of the percentage -based recommendations, and as a consequence the recommendations for funding are 83% of the initial percentage -based recommendations for each applicant. 1 Page 169 of 243 Applicant Economic Impact Property Tax Request Scoring Percentage Recommended Funding Accel Group 15,807 568 3,000 57 0 CV Irish Cultural Association 1,632,447 58,665 20,000 86 14,190 CV SportsPlex N/A N/A 8,000 74 4,920 Faith Sports Academy 715,958 25,729 6,300 86 4,520 Greater Cedar Valley Bowling 1,246,904 44,808 10,000 84 7000 Greater Iowa Bowling 481,042 17,288 10,000 84 7000 Iowa Jr. Gelbveih Association 360,428 12,953 15,500 83 10,650 Iowa Operators of Music & Amuseuments 2,264,005 81,361 15,000 90 11,150 Iowa Trust for Local Conservation 140,393 10,012 4,000 85 2,810 MN Youth Athletic Services 746,920 26,842 12,850 88 9,380 National Cattle Congress N/A N/A 18,000 76 11,410 St. John Archery 391,494 14,069 3,270 87 2,370 Trekman Racing 118,619 4,263 10,000 82 6,800 UNI Overseas Recruting Fair 903,926 32,484 8,000 93 6,180 UNI Athletics - USA Wrestling 3,309,589 118,936 10,000 92 7,660 VGM Heartland Conference 1,317,263 47,672 10,000 95 7,910 Waterloo Community Schools 272,771 9,802 12,500 81 8,410 Waterloo Softball Association 460,991 16,567 8,046 82 5,490 wcfsymphony 137,293 4,934 10,000 82 6,770 14,515,850 526,953 194,466 134,620 NCC and CV SportsPlex requests were for event -related capital projects. The economic impact calculator does not have the function of calculating economic impact or property tax for capital projects. Page 171 of 243 CITY OF WATERLOO Council Communication Resolution awarding bid in the amount of $126,847 to Altec Industries, Creedmoor, North Carolina, for the purchase of one (1) aerial boom truck to support Traffic Department operations. City Council Meeting: 4/3/2017 Prepared: 3/24/2017 REVIEWERS: Department Public Works Department Clerk Office ATTACHMENTS: Description D Aerial Boom Truck SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer Rice, Mark Even, LeAnn Action Approved Approved Type Cover Memo D ate 3/24/2017 - 8:37 AM 3/27/2017 - 2:03 PM Resolution awarding bid in the amount of $126,847 to Altec Industries of Creedmoor, North Carolina, for the purchase of one (1) aerial boom truck to support Traffic Department operations. Submitted By: Mark Rice, Public Works Director Recommend Approval Replacement of the existing boom truck is programmed in the Capital Equipment Replacement Program. The current aerial truck's Annual Non - Destructive Testing results indicate significant metal fatigue in the boom support structure as well as significant chassis fatigue due to corrosion. The current aerial is 22 years old. Estimate: $130,000 412-17-7120-2117 414-17-7120-2117 415-17-7120-2117 416-17-7120-2117 This aerial truck will be used daily in the repair and maintenance of traffic lights and street lights. Page 172 of 243 PURCHASE OF (1) AERIAL BOOM TRUCK FOR TRAFFIC DEPARTMENT Bid Tab: March 23, 2017 Estimate: $130,000 Bidder Bid Amount Altec Industries, Inc. Creedmoor, NC S126,847.00 Page 173 of 243 CITY OF WATERLOO Council Communication Resolution awarding bids, in conjunction with the 2017 Right of Way Mowing Project, to B&B Lawn Care, Inc., Waterloo Iowa, in the amount of $44.95/acre-Option A and $56.65/acre-Option E; Professional Lawn Care, L.L.C., Waterloo Iowa, in the amount of $55.50/acre-Option B; and Wilson's Custom Tree, Cresco, Iowa, in the amount of $27.75/acre-Option C and $574.00/acre-Option D, and approving the contracts, certificates of insurance, etc., and authorizing the Mayor and City Clerk to execute said agreements. City Council Meeting: 4/3/2017 Prepared: 3/28/2017 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description D Contract for B&B Lawn Care D Contract for Professional Lawn Care D Contract for Wilson's Custom Tree SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Cover Memo D ate 3/28/2017 - 3:30 PM 3/28/2017 - 5:50 PM Resolution awarding bids, in conjunction with the 2017 Right of Way Mowing Project, to B&B Lawn Care, Inc. of Waterloo Iowa, in the amount of $44.95/acre-Option A and $56.65/acre-Option E; Professional Lawn Care of LLC of Waterloo Iowa, in the amount of $55.50/acre-Option B; and Wilson's Custom Tree of Cresco, Iowa, in the amount of $27.75/acre- Option C and $574.00/acre-Option D, and approving the contracts, certificates of insurance, etc., and authorizing the Mayor and City Clerk to execute said agreements. Submitted By: JB Bolger, Golf & Downtown Area Maintenance Manager Approve contracts with B&B Lawn Care Inc. for Options A & E; Professional Lawn Care LLC. for Option B; and Wilson's Custom Tree for Options C & D. The following areas would be awarded to B&B Lawn Care Inc: San Marnan Dr. US 218 Corridor Highway 20 Overpasses Police Training Center Martin Luther King Jr. Dr. Broadway St. Dubuque Rd. HWY 63/ Logan Ave. Page 174 of 243 Expenditure Required: The following areas would be awarded to Professional Lawn Care LLC: Green Hill Rd. University Ave. The following areas would be awarded to Wilson's Custom Tree: F airview C emetery Virden Creek Option A: $44.95 Option B: $55.50 Option C: $27.75 Option D: $574.00 Option E: $56.65 Parks: General Fund Operating Budget- Other Contractual Services 010-37-4100-1390 Policy Issue: N/A Source of Funds: Alternative: Background Information: Hire more City employees and purchase more mowing equipment and mow areas "in-house." Leisure Services has been using private contractors to mow right-of-way areas for 25+ years. Page 175 of 243 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for RIGHT-OF-WAY MOWING This Contract for Right -of -Way Mowing (the "Contract") is made and entered into on April 3, 2017, by and between the City of Waterloo, Iowa (the "City"), and B&B Lawn Care Inc. (the "Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Mowing Contract - Page 1 of 4 Page 176 of 243 City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk B&B Lawn Care Inc. 2102 East 4th Street Waterloo, Iowa 50703 Attn: Robert Adams Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Mowing Contract - Page 2 of 4 Page 177 of 243 except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Right -of -Way Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR City Clerk B&B Lawn Care Inc. By: Title: Mowing Contract - Page 3 of 4 Page 178 of 243 Exhibit A- Rates Option A: Price per acre: Forty Four & 95/100 dollars ($44.95) Option E: Price per acre: Fift Six & 65/100 dollars ($56.65) Mowing Contract - Page 4 of 4 Page 179 of 243 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for RIGHT-OF-WAY MOWING This Contract for Right -of -Way Mowing (the "Contract") is made and entered into on April 3, 2017, by and between the City of Waterloo, Iowa (the "City"), and Professional Lawn Care LLC (the "Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Mowing Contract - Page 1 of 4 Page 180 of 243 City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Professional Lawn Care LLC PO Box 1942 Waterloo, Iowa 50704 Attn: Dennis Lickteig Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Mowing Contract - Page 2 of 4 Page 181 of 243 except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Right -of -Way Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR City Clerk Professional Lawn Care LLC. By: Title: Mowing Contract - Page 3 of 4 Page 182 of 243 Exhibit A- Rates Option B: Price per acre: Fifty Five & 50/100 dollars ($55.50) Mowing Contract - Page 4 of 4 Page 183 of 243 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT for RIGHT-OF-WAY MOWING This Contract for Right -of -Way Mowing (the "Contract") is made and entered into on April 3, 2017, by and between the City of Waterloo, Iowa (the "City"), and Wilson's Custom Tree (the "Contractor"). WITNESSETH: 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications and shown on the Plans. 2. The Contract Documents shall consist of the following: a. This Contract b. Notice of Hearing c. Instruction to Bidders d. Signed copy of Bid e. General Conditions f Specifications g. Plans These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. 3. The Contractor agrees to commence the work within ten (10) days after the City issues a "Notice to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, Mowing Contract - Page 1 of 4 Page 184 of 243 City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have not been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third -party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be compensated for all services performed through termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 10. In addition to paragraph 7 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor twenty-one (21) days' advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk Wilson's Custom Tree 212 Short Street Cresco, Iowa 52136 Attn: Jeff Wilson Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 13. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, Mowing Contract - Page 2 of 4 Page 185 of 243 except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent contractor. 14. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 15. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 16. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 17. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the parties have executed this Contract for Right -of -Way Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR City Clerk Wilson's Custom Tree By: Title: Mowing Contract - Page 3 of 4 Page 186 of 243 Exhibit A- Rates Option C: Price per acre: Twenty Seven & 75/100 dollars ($27.75) Option D: Price per acre: Five Hundred Sevent Four & 00/100 dollars ($574.00) Mowing Contract - Page 4 of 4 Page 187 of 243 CITY OF WATERLOO Council Communication Resolution approving a contract with Terracon for geotechnical engineering services within the Midport area, in an amount not to exceed $6,550, and authorize Community Planning Director to execute said document. City Council Meeting: 4/3/2017 Prepared: 3/30/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/30/2017 - 5:40 PM Clerk Office Even, LeAnn Approved 3/30/2017 - 5:47 PM ATTACHMENTS: Description Type ❑ Contract Backup Material SUBJECT: Submitted by: Resolution approving a contract with Terracon for geotechnical engineering services within the Midport area, in an amount not to exceed $6,550, and authorize Community Planning Director to execute said document. Submitted By: Noel Anderson -Community Planning and Development Director Recommended Action: To approve and authorize the contract. The City of Waterloo currently owns 310 acres of land west of the Waterloo Regional Airport that is available for development. The City of Waterloo has seen recent interest in approximately 30 acres of the said 310 acres. As Summary Statement: developers gain interest in this area staff believe this is the time to develop shovel ready lots for future projects. Rail development is an important factor to the development of this area. The geotechnical engineering services is an initial step to developing a rail design for the area. Expenditure Required: Up to $6,550 Source of Funds: TIF/Bond Policy Issue: Economic Development Alternative: N/A Page 188 of 243 lierracon March 15, 2017 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Noel Anderson E: noel.anderson@waterloo-ia.org P: (319) 291-4366 Re: Proposal for Geotechnical Engineering Services Rail Expansion - Waterloo Airport Park Waterloo, Iowa Terracon Proposal No. P13175034 Dear Mr. Anderson: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide geotechnical engineering services for the above referenced project. This proposal outlines our understanding of the project and our proposed scope of services, conditions, and estimated fee. 1.0 PROJECT INFORMATION 1.1 Site Location and Description Item Location Current ground cover Existing improvements Existing topography Description West of Airport Boulevard and north of the existing CN railway located just north of W. Airline Highway in Waterloo, Iowa Grass and crop residue None known Site elevations range from about 864 feet to about 870 feet across the site based on the site plan provided. Terracon Consultants, Inc. 3105 Capital Way, Ste 5 Cedar Falls, Iowa 50613 P [319] 277 4016 F [319] 277 4320 terracon.com Geotechnical • Environmental • Construction Materials • facliti:s Proposal for Geotechnical Services Rail Expansion Waterloo, Iowa March 15, 2017 Terracon Proposal No. P13175034 1.2 Project Description lrerracon Item ( Description Approximately 4,800 lineal feet of new rail spur, extending west Proposed improvements and north from the existing CN railway on the west side of Airport Boulevard and north of Airline Highway in Waterloo, Iowa. Maximum site grading Cut: 3 feet (assumed) Fill: 3 feet If any of the preceding project information and/or assumptions are inaccurate or if there are any specific design requirements, please let us know so that we may make any necessary modifications to this proposal and/or incorporate the information in our geotechnical evaluation and report for this project. 2.0 SCOPE OF SERVICES 2.1 Field Services 2.1.1 Safety We are committed to performing our work safely. Our field work will be conducted under the guidance of a work plan that takes into account the information that we know about this site related to safety and potential safety hazards. In order to address the potential for underground utilities or environmental hazards, and in order to better understand other potential safety hazards associated with our field services, we will interview you or a representative that you suggest to obtain information about these concerns. The results of our interview will be related to our field crew and included in the work plan. For the purpose of preparing our fee estimate, we considered that the subsurface exploration can be performed with personal protective equipment including safety glasses, hard hats, steel - toed boots, fire resistant clothing, and work gloves. If evidence of contamination is observed in any of the borings, the exploration at that location will be terminated and our findings discussed with you. Should personal protective equipment upgrades or special borehole sealing procedures become necessary, our scope of services will be discussed with you prior to commencing further drilling. If there are any other restrictions or special requirements regarding the site or exploration, these should be made known to us prior to commencing field work. Responsive m Resourceful Reliable 2 Page 190 of 243 Proposal for Geotechnical Services Rail Expansion Waterloo, Iowa March 15, 2017 Terracon Proposal No. P13175034 lierracon 2.1.2 Subsurface Exploration Our scope of services includes performing fifteen (15) soil borings along the new track alignment. The borings will extend about 10 feet below existing grades or to auger refusal, if encountered at a shallower depth. Soil sampling will be in general accordance with industry standard procedures wherein thin-walled tube samples or split -barrel samples are obtained. Disturbed samples may also be obtained from the flight of the augers. Four samples will be obtained per boring. We will also observe and record groundwater levels during and immediately after drilling operations. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. 2.1.3 Conditions / Items to be provided by Client Items to be provided by the client include the right of entry to conduct the exploration and an awareness and/or location of any private subsurface utilities existing in the area. We anticipate the proposed boring locations will be staked prior to our site mobilization and the surface elevations at the boring locations provided to Terracon. We will contact Iowa One Call (IOC) for location of utilities in public easements. All other lines, including private lines, must be marked by others prior to commencement of drilling. For the purposes of preparing our cost estimate, we considered that access to the boring locations will be possible with our track -mounted drilling equipment. It should be noted that during the subsurface exploration, some property damage may result (i.e. rutting of the ground surface and damage to pavements). We will take reasonable measures to minimize this damage; however, restoration of any damage that occurs, and compensation for damages, are not part of our scope of services and fee for this project. Upon completion of the subsurface exploration, the borings will be backfilled with on-site soils. The client should understand that some settlement of the borehole fill may occur. No future maintenance or filling of the holes is included in our scope of services and fee. Any excess soil cuttings from the borings would be disposed of on site. 2.2 Laboratory Testing Portions of recovered samples will be tested in our laboratory to determine physical engineering characteristics. Testing will generally include visual soil classifications, moisture content, dry density and unconfined compressive strength and/or hand penetrometer tests. Liquid and plastic limits and organic content tests may also be performed. Native soil samples will be visually classified in general accordance with the Unified Soil Classification System (USCS). 2.3 Geotechnical Engineering Report After the completion of the subsurface exploration and laboratory testing programs, the data and conditions will be evaluated and a geotechnical engineering report will be prepared by or under Responsive r Resourceful Reliable Page 191 of 243 Proposal for Geotechnical Services Rail Expansion Waterloo, Iowa March 15, 2017 Terracon Proposal No. P13175034 lrerracon the supervision of a civil/geotechnical engineer licensed by the State of Iowa. The results of our subsurface exploration, laboratory testing, and analyses will be summarized in a geotechnical engineering report, which will include and/or address the following: Computer-generated boring Togs with soil stratifications based on visual soil classifications, sample intervals and recoveries, N -values, laboratory test results, ground elevation, boring location descriptions, groundwater levels observed, date(s) of boring, and drilling method(s) Site Location Map Boring Location Diagram General project description Subsurface exploration procedures Site and soil conditions (existing) Groundwater levels (existing) Drainage recommendations General earthwork recommendations for the rail spur including subgrade preparation, fill material types, and compaction 2.4 Performance Schedule Our drilling schedule may be dependent on when we receive authorization to proceed. We can generally begin the subsurface exploration within about five to ten working days after receiving authorization to proceed and the clearance of public and private site utilities. In some instances, weather and/or site conditions can delay our drilling schedule. We anticipate that our geotechnical engineering report will be submitted within about two to three weeks after completion of field services. Preliminary, verbal information can be provided on request. 3.0 COMPENSATION Based on the project information, the scope of services presented in this proposal, and the attached Exhibit C — Budget Estimate, we estimate a fee of $5,500 to $6,550. If we are requested to expand our services beyond those outlined in this proposal, we will notify you, then send a supplemental proposal stating the additional services and fee. We will not proceed without your authorization. Our invoice will be submitted upon completion of our geotechnical engineering report to the addressee of this proposal unless we are instructed otherwise. Responsive Resourceful Reliable 4 Page 192 of 243 Proposal for Geotechnical Services Rail Expansion Waterloo, Iowa March 15. 2017 Terracon Proposal No. P13175034 4.0 AUTHORIZATION lierracon Work will be performed under the provisions of the attached Agreement for Services. Authorization for Terracon to proceed can be issued by signing the attached Agreement for Services and returning a pdf file of the agreement to Rick.Lockhart@terracon.com. We appreciate the opportunity to provide this proposal and look forward to working with you. Sincerely, Terracon Consultants, Inc. Rick L. hart Office Manager Attachments: Exhibit C — Budget Estimate Agreement for Services Copies: (2) — Addressee (1) — Rose Company - pdf Responsive Resourceful Reliable Jason P. Heinz, P.E. Department Manager Geotechnical Services 5 Page 193 of 243 EXHIBIT C BUDGET ESTIMATE GEOTECHNICAL SERVICES Rail Expansion - Wateroo Airport Park Waterloo, Iowa llerracon 3/15/2017 P13175034 DESCRIPTION NUMBER OF UNITS UNIT UNIT PRICE EXTENSION FIELD SERVICES Anticipate performing 15 borings to depths of about 10 feet Pre -Task Planning and Work Plan 1.0 - 1.0 lump $250.00 $ 250.00 - 250.00 Track Mounted Drill Rig & Support Equipment 12.0 - 14.0 hour $200.00 $ 2,400.00 - 2,800.00 Location and Elevations of Borings* 0.0 - 0.0 hour $125.00 $ - - - Hard Bedrock Drilling 0 - 0 foot $28.00 $ - - - Drilling Supervisor (utility locates) 1.0 - 1.0 hour $90.00 $ 90.00 - 90.00 'By others ESTIMATED SUBTOTAL FOR FIELD SERVICES Subtotal $ 2,740.00 - 3,140.00 $ 2,750.00 to $ 3,150.00 LABORATORY SERVICES Anticipate obtaining about 60 samples Preparation of Boring Logs 7.0 - 8.0 hour $65.00 $ 455.00 - 520.00 Moisture Content Test 60 - 60 each $6.00 $ 360.00 - 360.00 Dry Density Determination 10 - 15 each $7.50 $ 75.00 - 112.50 Unconfined Compression Test 5 - 10 each $17.50 $ 87.50 - 175.00 Plastic and Liquid Limits Tests 2 - 3 each $125.00 $ 250.00 375.00 Organic Content Test 1 - 2 each $55.00 $ 55.00 110.00 ESTIMATED SUBTOTAL FOR LABORATORY SERVICES Subtotal $ 1,282.50 - 1,652.50 $ 1,300.00 to $ 1,650.00 ENGINEERING SERVCES Project Direction, Coordination, Data Reduction, Engineering Analyses and Evaluation, and Report Preparation Senior Geotechnical Engineer/Project Manager, P.E. 2.5 - 3.0 hour $125.00 $ 312.50 - $ 375.00 Geotechnical Engineer 10.0 - 12.0 hour $100.00 $ 1,000.00 - $ 1200.00 Draftsman 1.0 - 1.0 hour $70.00 $ 70.00 - $ 70.00 Secretarial Services 1.5 - 2.0 hour $50.00 $ 75.00 - $ 100.00 ESTIMATED SUBTOTAL FOR ENGINEERING SERVICES Subtotal $ 1,457.50 - $ 1745.00 $ 1,450.00 to $ 1,750.00 ESTIMATED TOTAL FOR SCOPE OF SERVICE $ 5,500.00 to $ 6,550.00 Page 194 of 243 lrerracon- Reference Number: P13175034 AGREEMENT FOR SERVICES This AGREEMENT is between City of Waterloo ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Rail Expansion -Waterloo Airport Park project ("Project"), as described in the Project Information section of Consultant's Proposal dated 03/15/2017 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2 Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4 Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice, Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANTS FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. T Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 6. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ 1 $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single Page 1 of 2 Rev. 10-16 dye 0 lierracon- Reference Number: P13175034 limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. Consultant: T ,co on ' aClient: City of Waterloo By: _ e Date: 3/15/2017 By: Date: Name/Title: icha d ockhart / Office Manager 11 Name/Title: Noel Anderson Address: 3105 Capital Way Ste 5 Address: 715 Mulberry Street Cedar Falls, IA 50613-7030 Waterloo, IA 50703 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 291-4366 Fax: (319) 291-4262 Email: Rick. Lockhart@terracon.com Email: Noel.Anderson@waterloo-ia.org Page 2 of 2 Rev. 10-16 cige 196 of CITY OF WATERLOO Council Communication Resolution approving an agreement for Animal Control Services between the University of Northern Iowa, Department of Public Safety, and the City of Waterloo. City Council Meeting: 4/3/2017 Prepared: 3/26/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 3/29/2017 - 1:44 PM SUBJECT: Resolution approving an agreement for Animal Control Services between the University of Northern Iowa Department of Public Safety and the City of Waterloo. Submitted by: Submitted By: Sandie Greco, Superintendent of Traffic Operations Recommended Action: Approve resolution. Summary Statement: Background Information: The University of Northern Iowa Department of Public Safety requested the City of Waterloo Animal Control Services to provide basic animal services. The University is a separate entity from the City of Cedar Falls. The University of Northern Iowa Public Safety Department contacted the City of Cedar Falls for Animal Control Services on campus. The City of Cedar Falls contracts with the City of Waterloo for these services. Page 197 of 243 CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with JDE Engineering of Waterloo, Iowa, in the amount not to exceed $113,160 for construction -related services for the FY 2017 Site Grading for Northeast Industrial Park, Contract No. 926, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 4/3/2017 Prepared: 3/22/2017 REVIEWERS: Department Engineering Engineering Engineering Clerk Office SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Reviewer Even, LeAnn Ross, Tracia Thorson, Eric Even, LeAnn Action Rejected Approved Approved Approved D ate 3/22/2017 - 4:23 PM 3/29/2017 - 11:10 AM 3/29/2017 - 11:19 AM 3/29/2017 - 12:58 PM Resolution approving Professional Services Agreement with JDE Engineering of Waterloo, Iowa, in an amount not to exceed $113,160 for construction -related services for the FY 2017 Site Grading for Northeast Industrial Park, Contract No. 926, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales, Associate Engineer not to exceed $ TIF funds Page 198 of 243 CITY OF WATERLOO Council Communication Resolution approving award of contract to Minturn, Inc., of Brooklyn, Iowa in the amount of $1,491,713.00 and approving the contract, bonds, and certificate of Insurance for the FY 2017 4th Street Bridge Canopy Repairs (Base Bid + Alternate 1), Contract No. 910, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 4/3/2017 Prepared: 3/29/2017 REVIEWERS: Department Reviewer Action Date Engineering Even, LeAnn Rejected 3/22/2017 - 4:22 PM Engineering Thorson, Eric Rejected 3/22/2017 - 4:23 PM Engineering Ross, Tracia Approved 3/29/2017 - 10:24 AM Engineering Thorson, Eric Rejected 3/29/2017 - 10:56 AM Engineering Ross, Tracia Approved 3/29/2017 - 11:04 AM Engineering Thorson, Eric Approved 3/29/2017 - 11:04 AM Clerk Office Even, LeAnn Approved 3/29/2017 - 12:49 PM SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving award of contract to Minturn, Inc., of Brooklyn, Iowa in the amount of $1,491,713.00 and approving the contract, bonds, and certificate of Insurance for the FY 2017 4th Street Bridge Canopy Repairs (Base Bid + Alternate 1), Contract No. 910, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales, Associate Engineer $1,491,713.00 GO Bonds BH Gaming Funds Page 199 of 243 KELLEY FELCHLE From: Jessica Young <jastruck@yahoo.com> Sent: Monday, April 03, 2017 2:59 PM To: STEVE SCHMITT; TOM LIND; KELLEY FELCHLE Subject: Fourth Street Canopy Bridge repair. Hello Councilmen, I just wanted to make sure to remind you of my and my husband's support for the repair of the Fourth Street Canopy Bridge. I was unable to make last week's council meeting, but heard that a council member said they thought that downtown people didn't want it repaired. As a downtown property owner, resident, business owner, and person who very much enjoys all aspects of downtown living, I would like to express my deep support for the repair of this bridge. Downtown is like a community (much like neighborhoods used to be when there were amenities close in for each neighborhood so people walked or stayed in the immediate area), and we all get to know each other because of this. I have not talked to any downtown resident or current active business owner who does not want this bridge repaired. I also think that you may be missing something here. We see this bridge being used daily by people who are walking from places like the Church Row Neighborhood to places like the Walnut Neighborhood and beyond. This is not used by just downtown residents and workers, though we do use it a lot. I think maybe the best way to get a feel for things like this is to be an active participant. Come on downtown and walk from meeting to meeting. You will be amazed by how much you have been missing by driving a vehicle. We are so happy to be a part of the downtown community and Waterloo as a whole. We love this city! That is the only reason I get up at that podium and speak on issues at the council meetings. It would be so very much easier to not get involved or pay attention. Thank you for taking the time to read this. Sincerely, Jessica Young 318 W 3rd St, Apt 1 Waterloo IA 50701 1 CITY OF WATERLOO Council Communication An Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on certain property, located east of 3308 Bay Berry Drive. City Council Meeting: 4/3/2017 Prepared: 3/22/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 3/22/2017 - 10:46 AM Clerk Office Even, LeAnn Approved 3/22/2017 - 3:01 PM ATTACHMENTS: Description Type ❑ Kalem's Second Addition Site Plan Cover Memo SUBJECT: Submitted by: Recommended Action: Motion to receive, file, consider, and pass for the second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4- 4, approving a Site Plan Amendment on certain property, located east of 3308 Bay Berry Drive. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson -Community Planning and Development Director Staff recommends that the request for site plan amendment in the "R -3,R -P" Planned Multiple Residence District be approved for the following reasons: 1. The proposed use would appear to have a positive impact on the area by brining additional housing on vacant land within a residential area. 2. The proposed development is within the density requirements as set forth in the Zoning Ordinance for this particular zoning district. 3. The proposed use would not appear to have a negative impact on traffic and pedestrian conditions in the area. The completion of a traffic study will be required in the future for the connection to Hwy 218 when that area is final platted. The request for a Site Plan Amendment would not appear to have a negative impact upon the surrounding area. It would appear that the proposed residential uses would blend in well with the surrounding neighborhood which consists of single family homes. The average lot size within a 250 feet buffer of the project area for residential lots is 23,705 SF. The average lot size for the 88 proposed single family residential lots is 17,500 SF. The average lot size for the two twin -home lots is 143,390 SF or 15,932 SF per Page 200 of 243 Summary Statement: unit. The proposed site plan amendment would appear to have some impact on the surrounding traffic conditions in the area. The proposed development would be served by Texas Street and Marigold Drive, which are classified as Local Streets, and Highway 218, which is classified as a Principal Arterial. The development shall also be served by newly constructed local roads such as Thistledown Drive, Levi Court, Bay Berry Drive, Cessna Court, and Nicole Court. Thistledown Drive and Bay Berry Drive are existing local streets that will be extended to serve the development. In addition Azaela Drive shall also be vacated as part of the development. Additional street names will be required for each of the private roads that will provide road access to the twin homes proposed for lots 89 and 90. It was also suggested to have a road access easement set aside for future development to the east for Nicole Court at lots 83, 84, or 85. The Waterloo Fire Department has also indicated that an additional road access point will be required prior to the subdivision being completely built out. It has also been determined by the City of Waterloo Traffic Operations that a traffic study needs to be performed as part of the development to address the proposed intersection at Highway 218 and Marigold Drive before a final plat for that area. The site plan amendment request does appear to have an impact on drainage in the area, especially considering that Blots are either fully or partially in the 100 -year floodplain. However, the preliminary plat does denote two storm water detention/retention areas on the east side of the proposed plat, and storm water drainage easements labeled in the rear yards for various lots. The area would be able to be removed from the floodplain status after the area is graded. The majority of the area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190031 and Panel Number 0308F, dated July 18, 2011. However, lots 4, 12, 15, and 16 are entirely in the 100 - year floodplain and portions of lots 3, 11, 13, 14, and 17 are located in the floodplain as well. The area is an unshaded Zone A, and a determination on floodplain status and elevation will be required. There is an existing 12" sanitary sewer main and 8" water main stub off of E Shaulis Road and a 15" sanitary sewer main and 12" water main that is located underneath Texas Street. In addition there is an existing 8" sewer main, 15" storm sewer, and a 6" to 8" inch water main underneath Thistledown Drive, and 8" sewer main and 6" to 8" water main underneath Blue Bonnet Drive and Bay Berry Drive as well. New water and sewer mains are proposed underneath or along Thistledown Drive, Bay Berry Drive, Cessna Court, Kalsem Court, Nicole Court, and Levi Court. The applicant is requesting to construct 88 single family homes and 9 twin - homes as a part of Kalsem's Second Addition. The "R -3,R -P" Planned Residence District is site plan specific, and changes to the site plan must be approved through the major site plan amendment process. For the single family home lots the size of the lots range in size from 11,900 Page 201 of 243 Expenditure Required: Source of Funds: Policy Issue: SF to 52,600 SF, with an average lot size of 17,500 SF. Lot widths range from 64.1' to 342', and range from 95.1' to 409.6' deep. Each property shows a 20' setback from the front and 20' or more for the rear property lines, and 5' on the sides. These setbacks all meet the minimum requirements of the "R -3,R -P" Planned Residence District. The average lot size for residential properties within a 250 buffer of the project area is 23,705 SF. The average width of the properties is approximately 110', which is a little higher than the average 85' for the proposed development, but the average lot depth for those properties within the 250' buffer are approximately 200', as opposed to the 175' average for the proposed development. The average lot size for the two twin -home lots is 143,390 SF. Four twin - homes or 8 units will be placed on lot 89 and 5 twin -homes or 10 units on lot 90. The area is zoned "R-3, R -P" Planned Residence District which is intended and designed to provide for greater flexibility and diversification of land uses. Staff believes that the new residential development will be compatible with and have a positive impact upon the surrounding neighborhood, and is less dense and intensive than the multi -family or commercial uses associated with the previously approved plan. The applicant has submitted a separate preliminary plat application that is associated with this 90 lot residential development request. Timothy Ridge First and Second Additions were originally platted in the general area during the 1970's and 1980's. A Final Plat of Kalsem's First Addition was also approved on January 8, 2001. At their March 7, 2017 meeting the Planning and Zoning Commission unanimously recommended approval of the request. None N/A Zoning S ite P Ian Amendment All that part of the Northwest Quarter of Section No. Eighteen (18), Township No. Eighty-eight (88) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, in the City of Waterloo, Iowa, lying Northeasterly of the Northeasterly line of Highway No. 218 as established by Warranty Deed filed June 17, 1952 and recorded in 111 Land Deeds 229: Except the North Three Hundred Twenty-five (325) feet thereof and Except that part bounded as follows: Beginning at a point on the South line of the County Road which is Twenty- one Hundred Forty-eight (2148) feet West and Fifty (50) feet South of the Northeast corner of the Northwest Quarter of said Sectionp thence South Zero (0) degrees East One Hundred Eighty (180) feet; thence South Ninety (90) degrees East Four Hundred Eighty-four (484) feet; thence South Zero (0) degrees Six (6) minutes West Page 202 of 243 Legal Descriptions: Ninety-five (95) feet; thence South Thirty-six (36) degrees Fifty-four (54) minutes East Three Hundred Thirty-six and Six tenths (333.6) feet; thence South Fifty-three (53) degrees Thirty-three (33) minutes West Five Hundred Nineteen and Fifty-five Hundredths (519.55) feet; thence North Thirty-six (36) degrees Three (3) minutes West Nine Hundred Thirty-seven (937) feet along the Northeasterly right of way line of U.S. Highway No. 218; thence North Thirty (30) degrees Forty-three (43) minutes West One Hundred Eight and One Tenth (108.10) feet along said Northeasterly right of way line; thence North Ninety (90) degrees East Three Hundred Forty and Six tenths (340.6) feet along the South line of the county Road to the point of beginning, except all legal highways. Except Survey ParcelA at Miscellaneous 340-485. Except that part platted as Timothy Ridge Second Addition, Waterloo, Iowa. Except that part platted as Timothy Ridge, Waterloo, Iowa. Except that part platted as Kalsem's First Addition, Waterloo, Iowa. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Page 203 of 243 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: Kalsem's 2"d Addition March 7, 2017 Request by Roger Kalsem for a Site Plan Amendment to the "R -3,R -P" Planned Residence District for 54.93 acres to allow for the development of 88 residential lots for single family homes and two lots for 9 twin -homes just south of E Shaulis Road, east of HWY 218, and east of 3308 Bay Berry Drive. The Site Plan Amendment increases the number of single family residential lots from 80 to 88, the two multi -family lots became two twin -home lots, and the number of commercial lots is reduced from one to zero from the previously approved plan. Roger Kalsem, 191 Belle Street, Waterloo, IA 50702 The applicant is requesting to allow for the development of 88 single family homes on 88 Tots and 9 twin -homes on two Tots, just south of E Shaulis Road, east of HWY 218, and east of 3308 Bay Berry Drive. The request for a Site Plan Amendment would not appear to have a negative impact upon the surrounding area. It would appear that the proposed residential uses would blend in well with the surrounding neighborhood which consists of single family homes. The average lot size within a 250 feet buffer of the project area for residential Tots is 23,705 SF. The average lot size for the 88 proposed single family residential Tots is 17,500 SF. The average lot size for the two twin -home Tots is 143,390 SF or 15,932 SF per unit. The proposed site plan amendment would appear to have some impact on the surrounding traffic conditions in the area. The proposed development would be served by Texas Street and Marigold Drive, which are classified as Local Streets, and Highway 218, which is classified as a Principal Arterial. The development shall also be served by newly constructed local roads such as Thistledown Drive, Levi Court, Bay Berry Drive, Cessna Court, and Nicole Court. Thistledown Drive and Bay Berry Drive are existing local streets that will be extended to serve the development. In addition Azaela Drive shall also be vacated as part of the development. Additional street names will be required for each of the private roads that will provide road access to the twin homes proposed for Tots 89 and 90. It was also suggested to have a road access easement set aside for future development to the east for Nicole Court at Tots 83, 84, or 85. The Waterloo Fire Department has also indicated that an additional road access point will be required prior to the subdivision being completely built out. It has also been determined by the City of Waterloo Traffic Operations that a traffic study needs to be performed as part of the development to address the proposed intersection at Highway 218 and Marigold Drive before a final plat for that area. Page 1 of Page 204 of 243 RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. Kalsem's 2"d Addition March 7, 2017 A future trail is planned along Shaulis Road to the north. The area in question was rezoned from "A-1" Agriculture District to "R -3,R -P" Planned Residence District on January 26, 1976. Timothy Ridge First and Second Additions were platted in the 1970's and 1980's. A Final Plat of Kalsem's First Addition was approved on January 8, 2001. Surrounding land uses and their zoning designations are as follows: North — Single Family, zoned "R-1" One and Two Family Residence District, M-1 Light Industrial District, and "A-1" Agricultural District. South — Vacant land, zoned "C-2" Commercial District. East — Vacant land, zoned "A-1" Agricultural District. West — Vacant land, zoned "R -3,R -P" Planned Residence District and "R-4" Multiple Residence District. No buffers shall be required as a part of this site plan amendment request, as no multi -family or commercial development is proposed. The site plan amendment request does appear to have an impact on drainage in the area, especially considering that 8 lots are either fully or partially in the 100 -year floodplain. However, the preliminary plat does denote two storm water detention/retention areas on the east side of the proposed plat, and storm water drainage easements labeled in the rear yards for various lots. The area would be able to be removed from the floodplain status after the area is graded. The surrounding area consists predominantly of single family homes and vacant land. The majority of the area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190031 and Panel Number 0308F, dated July 18, 2011. However, lots 4, 12, 15, and 16 are entirely in the 100 -year floodplain and portions of lots 3, 11, 13, 14, and 17 are located in the floodplain as well. The area is an unshaded Zone A, and a determination on floodplain status and elevation will be required. There are no nearby schools or parks in the vicinity. There is an existing 12" sanitary sewer main and 8" water main stub off of E Shaulis Road and a 15" sanitary sewer main and 12" water main that is located underneath Texas Street. In addition there is an existing 8" sewer main, 15" storm sewer, and a 6" to 8" inch water main underneath Thistledown Drive, Page 2 of Page 205 of 243 March 7, 2017 and 8" sewer main and 6" to 8" water main underneath Blue Bonnet Drive and Bay Berry Drive as well. New water and sewer mains are proposed underneath or along Thistledown Drive, Bay Berry Drive, Cessna Court, Kalsem Court, Nicole Court, and Levi Court. RELATIONSHIP TO A portion of the development along Hwy 218 is not in COMPREHENSIVE conformance with the Future Land Use Map which designates LAND USE PLAN: this area as Mixed Commercial: Medium to High Density Residential; Professional Offices; and Compatible Commercial. However, the majority of the land being developed in the Kalsem's Second Addition is designated as Low Density Residential. The Future Land Use Map is used as a guide when making land use decisions. The City of Waterloo is currently in the beginning stages of updating its Comprehensive Plan and it may be necessary to change the Future Land Use Map to reflect the change in the proposed land use. STAFF ANALYSIS — The applicant is requesting to construct 88 single family ZONING homes and 9 twin -homes as a part of Kalsem's Second ORDINANCE: Addition. The "R -3,R -P" Planned Residence District is site plan specific, and changes to the site plan must be approved through the major site plan amendment process. For the single family home lots the size of the lots range in size from 11,900 SF to 52,600 SF, with an average lot size of 17,500 SF. Lot widths range from 64.1' to 342', and range from 95.1' to 409.6' deep. Each property shows a 20' setback from the front and 20' or more for the rear property lines, and 5' on the sides. These setbacks all meet the minimum requirements of the "R -3,R -P" Planned Residence District. The average lot size for residential properties within a 250 buffer of the project area is 23,705 SF. The average width of the properties is approximately 110', which is a little higher than the average 85' for the proposed development, but the average lot depth for those properties within the 250' buffer are approximately 200', as opposed to the 175' average for the proposed development. The average lot size for the two twin -home lots is 143,390 SF. Four twin -homes or 8 units will be placed on lot 89 and 5 twin - homes or 10 units on lot 90. Kalsem's 2"d Addition The area is zoned "R-3, R -P" Planned Residence District which is intended and designed to provide for greater flexibility and diversification of land uses. Staff believes that the new residential development will be compatible with and have a positive impact upon the surrounding neighborhood, and is less dense and intensive than the multi -family or commercial uses associated with the previously approved plan. Page 3 of Page 206 of 243 March 7, 2017 STAFF ANALYSIS — The applicant has submitted a separate preliminary plat SUBDIVISION application that is associated with this 90 lot residential ORDINANCE: development request. Timothy Ridge First and Second Additions were originally platted in the general area during the 1970's and 1980's. A Final Plat of Kalsem's First Addition was also approved on January 8, 2001. STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "R -3,R -P" Planned Residence District be approved for the following reasons: 1. The proposed use would appear to have a positive impact on the area by brining additional housing on vacant land within a residential area. Kalsem's 2"d Addition 2. The proposed development is within the density requirements as set forth in the Zoning Ordinance for this particular zoning district. 3. The proposed use would not appear to have a negative impact on traffic and pedestrian conditions in the area. The completion of a traffic study will be required in the future for the connection to Hwy 218 when that area is final platted. And subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. Including, but not limited to parking, traffic plan, landscaping, screening, drainage, etc. Page 4 of Page 207 of 243 City of Waterloo Planning, Programming and Zoning Commission March 7, 2017 ,.i '''�Ts '7X91:7 ■ ■ ,'7N7 U:7I.7N • ■ ,. .Mir I 11111 .rte ��MEM _ -- -- r v1.:•�. _ 1I• 4$ 3- '4 C -1.0-Z -2 101 A-1 E. SHAULIS RD A-1 R-2,C-Z- Silver Lake NEEB X111;R 2 AIM, lm •NNE= m-'- EAmm Nom --=- m8mm' --.•-- — m Nom gni Silver .1■■1.i R=4,R-P 1►�. monammea 111 1111111 i tiI E. ORANGE RD. ,■ •••• • ••• •• MN KELL East of 3308 Bay Berry Drive Site Plan Amendment Roger Kalsem Page 208 of 243 City of Waterloo Planning, Programming and Zoning Commission March 7, 2017 East of 3308 Bay Berry Drive Site Plan Amendment Roger Kalsem Page 209 of 243 N. \ E Al,. ihir.1� ■, I,r— 1ti�/ 350 175 0 350 %/1013 \'' IFeet 11 13 PARCEL 'A" PLAT OF SURVEY 340 MISC. 485 DATED 10/03/2000 AZALEA DRIVE TO BE VACATED 2 8812-18-103-006 BRIAN L. ORTMAN SHERICE HETRICK ORTMAN -73 , , , , , BLUE BONNET DRIVE "TIMOTHY RIDGE SECOND ADDITION" BAY BERRY DRIVE 2W 33\ 1 8812-18-103-005 ROGER G. & MARY J. GA T / N 4 8 THISTLEDOWN DRIVE 8812-18-103-004 TODD W. &KELLY J. KIEFFER 2 3c3 58 yC50 C5 R- \-P" ZONING 8812-18-126-030 14 JEFFREY L & PATRICIA SWARTZENDRUBER 15 8:12-18-126-034 JAMES & ELSIE AIC LMEL TRUST N 00°15' 5' E 71.3' ,B»1Ntx93,, 8812-18-126-026 JEFFREY L & PATRICIA SWARTZENDRUBER N3 1 ,C5E i/ 26, . \/ / 4.4C43/ 7/// ��O/ 64 STOF DRAII 7 2 j/ C22_ 32 31 / 4 7 2 U/ /'/ 65 RP 4' WIDE P.C.C. SIDEWALK 10' UTILITY EASEMENT TYPICAL ROAD 0 (TYPICAL, UNLESS NOTED OTHERWISE) 20' BLDG. SETBACK 83C Kenyon loam, 5 to 9 percent slopes 83C2 Kenyon loam, 5 to 9 percent slopes, eroded 178B Waukee loam, 2 to 5 percent slopes 184 Klinger silty clay loam, 1 to 4 percent slopes 391B Clyde -Floyd complex, 1 to 4 percent slopes 485 Spillville loam, 0 to 2 percent slopes, occasionally flooded 911B Colo -Ely complex, 0 to 5 percent slopes 4041 B Sparta -Urban land complex, 2 to 5 percent slopes Totals for Area of Interest Request by Roger Kalsem for site plan amendment to the "R -3,R -P" Planned Multiple Residence District to allow development of 9 twin -homes and 88 single-family dwellings generally located to the east of 3308 Bay Berry Drive Looking northeast from Marigold Drive and US Highway 218. Looking east from Texas Street with US Highway 218 to the west. Looking west from the proposed site toward existing development along Thistledown Drive Looking north from Thistledown Drive. Page 212 of 243 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment ✓ Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Address: / y I /5,-,47_ h /- Phone: Fax: City: /1 /et, > /<- State: Zip: 74- b. Pb. Status of applicant: (a) Owner) Other (CHECK ONE): If other explain: / .e c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 71- b. Legaldescriptioh of pfoperty or portion to be amended: 'fr./4 e. Dimensions of proposed site plan amendment: ' ' //e --1-- d. Area of proposed site plan amendment: S'/. Gi, "`/— Ae. I';'15 e. Current zoning: 4. 3 42..-P f. Reason(s) for site plan amendment and proposed use(s) of property: /'r,�ih.C/ ". 1. /, I— g. Conditions (if any) agreed to (does not affect existing conditions unless specified): ,v4.2 h. Other pertinent information (use reverse side if necessary): /li/, Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning . Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. / 9L /7-//1/7 Sign lure of Applicant Date Signature of Owner i'f?%1`if7lA/ G�J �r J1�<7%/ cv��fz6 Daic Page 213 of 243 CITY OF WATERLOO Council Communication Request of the City of Waterloo to amend the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic, a new Chapter 7, Parking in Residential Areas. City Council Meeting: 4/3/2017 Prepared: 3/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description Residential Parking - New Chapter 7 of Title 6 of the Code of Ordinances Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved SUBJECT: Submitted by: Recommended Action: Summary Statement: Type Ordinance D ate 3/29/2017 - 10:50 AM 3/29/2017 - 12:27 PM Motion to receive, file, consider and pass for the first time an Ordinance Amending the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic a new Chapter 7, Parking in Residential Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval. On June 6, 2015 the City Council adopted Ordinance No. 5285, adopting a new International Property Maintenance Code (IPMC), and repealing the previously existing code. The previously existing IPMC included residential parking requirements, whereas the new IPMC does not include residential parking requirements, as the parking requirements were intended to be adopted as a stand-alone chapter of the Code of Ordinances, however adoption of the stand-alone parking requirements failed. Several ordinances were adopted to delay the effectiveness of Ordinance 5285, so that the previously existing parking requirements would remain in effect. The delay was intended to provide time for new residential parking requirements to be adopted. The delayed effectiveness of the ordinances ended as of October 1, 2016, and there are currently no residential parking requirements, other than what is provided in the Zoning Ordinance. The proposed regulations that failed to be approved appeared to have primarily failed due to concerns with previously proposed requirements for owners with existing driveways that do not meet requirements to have to bring the driveway up to current code. Those requirements have been removed from the proposed Page 214 of 243 Expenditure Required: Source of Funds: Policy Issue: ordinance, and the proposed wording now provides for legal non- conforming (grandfathering) status of existing driveways that do not meet the new requirements. Please find attached a copy of the proposed amendment, showing strike -through for wording proposed to be removed from what the regulations previously where, and underline for new wording to be added from what the regulations previously were. none n/a Code of Ordinances Page 215 of 243 6-7-1 : PURPOSE: Title 6 — Motor Vehicles and Traffic Chapter 7 (new) PARKING IN RESIDENTIAL AREAS The special provisions of this ordinance chapter are intended to regulate the location of vehicles parked in the front yard on residential properties. It is the desire of the City of Waterloo to encourage an aesthetically pleasing local environment. It is also the intent of the City of Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and maintain the visual harmony and character appropriate in residential neighborhoods within the city. The Goals objectives to be attained through this chapter include preserving and improving the peace, safety, health, welfare, comfort and convenience of the citizens of the city of Waterloo, minimizing the adverse visual effects of front yard parking on residential property and allowing for the reasonable use of driveways in the front yard for parking. 6-7-2 : DEFINITIONS: As used in this chapterFor purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. DRIVEWAY: That portion of private property, paved or unpaved, that provides vehicular access to a property from the public right-of-way or between private properties, and where said driveway is specifically designated for or commonly utilized as an access way by vehicles to parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses may extend along the side or rear of the dwelling and in some cases, may terminate in a designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A private driveway begins at the property line and extends into or across the site. A driveway may extend into or across the front yard area +sof a residential districtproperty. The driveway may terminate in the front yard area of a dwelling provided that the termination area is a garage; or carport or a parking area authorized by this chapter. The parking area shall be included in the hard surface area, conforming to section 6-7-3.A.2 hereof regulating the area of a hard -surface driveway and parking area permitted in the front yard. No portion of a driveway situated in the front yard teof a residential districtproperty may be extended beyond the width of the curb cut garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway, the width of the driveway opening at the street unless said drivcway cxtension provides direct access to a parking lot, garage, outside of the front yard arca meets the requirements of a driveway extension. In all cases, the driveway must be at least the minimumsame width dimension as the outside width dimension of a vehicle fix—which it serves. This restriction shall not prohibit the construction of a parking area for multi -family residential uses in a front yard if otherwise allowed by the Zoning Ordinance. "Parked, Parking"DRIVEWAY EXTENSION: The placement of a vehicle for any substantially uninterrupted period of time not exceeding forty cight (18) hoursFor a one- or two-family residential property, any extension to the driveway beyond the width of the garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway, the width of the driveway opening at the street. Comment [ALO1]: Formerly 302.8.1.1 Comment [ALO2]: Formerly 302.8.1.2 Page 216 of 243 RECREATIONAL VEHICLE: Any vehicle whose primary purpose is recreation/entertainment and not a primary means of transportation. These include, but are not limited to, boats, trailers, campers, and motor homes. VEHICLE: Any motorized implement of conveyance designed or used for the transportation of people or materials on land, water, or air, including but not limited to, motorcycles, automobiles, wagons, or any part or accessory portion thereofAny device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof. YARD, FRONT: A yard extending across the full width of the lot and measured between the front lot line and the buildingfoundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies, other ordinary projections, or unenclosed porches or decks or unenclosed porches, or the required front yard set back as required by the Zoning Ordinance for R 1 and R 2 zones. On corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot. YARD, REAR: A yard extending across the full width of lot and measured between the rear lot line and the buildingfoundation of a principal building or any projections thereof, other than the prosection of the usual steps overhanging balconies, other ordinary protections, or unenclosed porches or decksunenclosed balconies or unenclosed porches. On both corner lots and intcrior lots the rear yard is the opposite end of lot from the front yard where the house is addressed and faces. YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the side lot lines and nearest ctructurothe foundation of a principal building or any projection thereof, other than the prosection of the usual steps, overhanging balconies, or other ordinary protections. "Junked Vehicles" Inoperative (mechanically or legally), wrcckcd, dismantled or partially enclosed in a building. Junkcd vehicles may not be placed bchind fences, unless in connection with a licensed salvage yard, or as an antique (over 35 years old) or special interest vehicle. Currcnt registration and inspcction stickers arc required to leave a vehicle in public view. 6-7-3: STANDARDS GOVERNING THE OFF-STREET PARKING OR STORAGE OF 1 VEHICLES AS AN ACCESSORY USE ON RESIDENTIAL PROPERTIES: A. General Restrictions: 1. No more than four (4) motor vehicles including cars, trucks, and trailers excluding recreational vehicles and trailers with a recreational vehicle on it, shall be parked outside an approved garage on a one- or two-family residential property. For any other residential property, the maximum number of such vehicles shall be two (2) per legally established dwelling unit within a structure. Notwithstanding the foregoing restrictions, the maximum number of such vehicles may increase to a number not more than the number of licensed drivers legally residing at the property. 2 Comment [ALO3]: Formerly 302.8.1.3. This section was/is longer and subsections have been moved around and re -worded Page 217 of 243 2. Any vehicles parked outside an approved garage shall be parked on concrete (five inches Portland Cement Concrete minimum) asphalt (four inches of hot mix asphalt on a six-inch rock base minimum) or gravel (six inches minimum) or similar surface approved by the City of Waterloo. Grass, patio pavers, bricks, or similar products +care not an approved parking surface unless said patio pavers, bricks, or similar products are placed over a minimum depth of four inches of rock base. In all cases the parking surface must be at least equal to the outside dimensions of a vehicle which it serves. For one- and two-family residential properties, gravel shall be an approved parking surface in a rear or side yard in a front yard for the driveway (excluding any driveway extensions). Gravel is not an approved parking surface in a front yard beyond the Driveway or for any parking surface for a multi-family residential property. For one- and two-family residential properties with existing gravel driveways in a front yard built prior to enactment of this chapter, such driveways shall be permitted to remain, and may be maintained and repaired, but shall not be enlarged without being brought into compliance with this chapter. For one- and two- family residential properties, the width of a driveway in the front yard shall be limited to the width of the garage(s) that the driveway serves, or in the absence of a garage, the width of the driveway opening at the street. Existing gravel parking areas in the front yard that extend past the driveway (i.e., a driveway extension) of a one- or two-family residential property built prior to enactment of this chapter shall be permitted to remain, and may be maintained or replaced, but shall not be enlarged without being brought into compliance with this chapter ;tt. Existing gravel areas for parking surfaces for multi-family residential property shall be subject to applicable non-conforming use provisions of the City of Waterloo Zoning Ordinance, if legally constructed prior to adoption of Ordinance 2479 on February 3, 1969. Non-conforming status shall not apply to gravel areas created after February 3, 1969 for multi-family residential properties or to gravel areas for one- or two-family residential property converted to multi-family residential property after February 3, 1969. Parking is permitted in the rear and side yards, subject to compliance with the applicable requirements of this paragraph. 3. In any "R" district, No one- or two-family dwelling or lot residential property shall have more thanthirty three percent (33%) of a driveway extension more than ten (10) feet wide measured perpendicular to the length of the driveway in the front yard used for driveway and off street parking purposes. However, this restriction shall not prohibit the construction of a twenty (20) foot driveway or driveway with driveway extension expansion immediately in front of and the minimum width reasonably necessary to provide access to a 3 or /1 stali garage, nor shall it prohibit the construction of a circular drive if otherwise approved by the City Engineer and meeting the requirements of the City Code of Ordinances, nor shall it prohibit a driveway extension that is more than ten (10) foot wide measured perpendicular to the length of the driveway when used for a turnaround (hammerhead) and not used for parking. Existing driveway extensions that do not comply with these requirements that aro surfaced with hot mix asphalt or Portland Ccmcnt Concrctc shall bc permitted to continuc and to bc rebuilt as long as said rebuild docs not increase the non conformity. Existing driveway extensions that do not comply with these requirements and arc not surfaced with hot mix asphalt or Portland Ccmcnt Concrctc shall have until Dcccmbcr 31, 2017 to bo brought into compliance with these requirements. B. Parking in Front Yards: For one and two family dwellings, No parking shall be allowed in the front yard of a residential property or any portion of such front yard, as defined in No. 3 of this section, unless the following is true: 3 Page 218 of 243 4--Tthe area is a permitted driveway or driveway extension as defined in this ordinancochapter. 2. Front yard parking shall be limited to the driveway for vehicles as defined in this ordinance. Recreational vehicles as defined in this ordinancesectionchapter shall be strictly prohibited from parking in the front yard, except for temporary periods not exceeding three (3) days Nvithin any seven (7) day period'. 1. Parking is permitted in the rear and side yards, behind the front yard as herein defined. In principal structure and the street right of way on both street sides of the lot. All parking shall comply with paragraph 3.a.2. If any part of a vehicle is parked in the front yard, the entire vehicle shall be deemed to be parked in the front yard, regardless of whether some part of the vehicle is not parked in the front yard. C. Front Yard Parking Citation: No parking allowed in the front yards as defined in the ordinance. 1. No person shall drive, stop, stand, or park a vehicle onto or upon the front yards of a property, except as permitted by this section or except for work in progress, such as construction, tree trimming, etc., or temporary activities such as deliveries or vehicle washing not exceeding two (2) hours. A violation of this section shall place such vehicle in the status of an illegally parked vehicle and, upon complaint of a violation, the vehicle may be dealt with pursuant to this chapter section 302.8.1(3)b.5 . 2. No person shall park a vchicic in violation of thc front yard provisions in Subsection 302.8.1(3)b. Parking in Front Yards. 3. No person shall park a vchicic in violation of thc sitc plan parking provisions in thc City of Waterloo Zoning Codc. 2. In lieu of a citation for a municipal infraction, a person who violates any provision of this section shallmay be issued a front yard parking citation in the amount of $40.00. 3. Prima Facie Presumption: In any proceeding charging a violation of this chapter, proof that the particular vehicle described in the information was parked in violation of this chapter, together with proof that the defendant named in the information was the registered owner of the vehicle or the owner of the property on which said vehicle was unlawfully parked at the time of the alleged violation, shall constitute a prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this chapter or allowing the violation to occur. D. Parking of {Recreational Vehicles}: 1. Not more than twathree (23) recreational vehicles shall be parked on any single one- or two-family residential latpropertyhaving an area of one acrc or less. No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any time, except for visitors. Visitor parking shall be limited to not more than thirty (30) days per calendar year. 4 Comment [ALO4]: Change seven days to 3 days per Council comment 05/26/15 Comment [ALO5]: Add within 7 day period per Council comment 06/01/15 Page 219 of 243 E 2. Recreational vehicles chall not occupy or obctruct accecs to any rcquircd parking cpacc at any time, except that rcquircd for another recreational vehicle. 2. A recreational vehicles may be parked in a front yard if such vehicle is parked on a driveway or driveway extension on a hard surface having a dcpth of 1 inches located adjacent to and parallel with the driveway if the recreational vehicle has a height no greater than X18" and is not parked in the "vision triangle" required by zoning is parked for temporary periods not exceedinq three (3)1 days Nvithin any seven (7) day period. 3. Recreational vehicles may park ince a required side or rear yard on an approved parking surface=. a. if a minimum separation of 10 feet, including the cidc yard cctback of the adjoining property, is maintained between the closest point of the vehicle and any other like vehicle or principal building (including attached accessory structures) on an adjoining premises; b. or if after written application the Department of Community Development Technical Review Committee finds that there will not be an adverse impact upon the passage of air or availability of light to adjoining properties, or drainage; c. or if thc adjoining property owner docc not file a written objcction to cuch parking in thc rcquircd side yard, in which case such proposal shall bc referred to the, Board of Adjustment for a determination. The adjoining property owner chall bc notified of cuch propocal and permitted not Iecc than ten (10) Jaye nor morc than Adjustment. In dctcrming whether thc vehicle may adversely affect thc passage of wind and air, thc Department or Board shall give consideration to whether increased snow drifting or wind velocity may result to the detriment of adjoining properties to an extend greater than would occur from other activities permittcd in the side yard. In dctcrmining whcthcr thc availability of light will be adversely affected, thc presence of doors or windows on adjoining side walls for living or family rooms, kitchen, or bcdrooms; and porchcs or organized outdoor living space such as that provided by a dcck or patio, shall bc considered togcthcr with building orientation, topography, and similar factors. Use as Residence: No recreational vehicle shall be used as a temporary or permanent residence, except in a conforming recreational vehicle park, or campground or beyondwithin the time permitted for visitor parking as noted in Section 3-G-1subsection D.1 above. 6) Removal and Impoundment of Illegally Parked Vehicles. The Code Enforcement Division and/or the Police Department may remove and impound vehicles or cause vehicles to be removed an impounded when the vehicles are stopped employ cuch m ans as arc reasonably necessary. Impounded vehicles shall be stored at a location designated by the City. 6-7-4: IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES: As an additional or alternative remedy to the issuance of a citation as provided in section 6-7-34C42-4, vehicles that are 5 Comment [ALO6]: Change seven days to three days per Council comment 05/26/15 Comment [ALO7]: Add within 7 day period per Council comment 06/01/15 Comment [ALO8]: Formerly 302.8.1.4 Comment [ALO9]: Also formerly part of 302.8.1.3 (302.8.1.3.b.6) but this replacement section significantly expands upon the former wording Page 220 of 243 stopped or parked in violation of this chapter or other city ordinances may be removed and impounded as provided in this section. A. Notice Of Violation: Upon discovery of any vehicle parked upon private property in violation of this chapter, the enforcing officer shall notify the owner of the vehicle, all lienholders, if they can be identified, and the owner of the property by at least one of the following methods: (i) by delivering a copy of the notice to the individual personally; (ii) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; (iii) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; (iv) by sending a copy thereof by certified mail, return receipt requested, to the last known address of the recipient; or (v) by sending a copy thereof by first-class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subject property. As an alternative to service of notice by any of the foregoing means, notice by one publication in a newspaper of general circulation in the City of Waterloo shall be sufficient to meet the requirements of this subsection. The published notice may contain multiple listings of vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailing notice in this subsection. Published notice may be used if (a) the identity of the last registered owner cannot be determined; or (b) the registration contains no address for the owner; or (c) it is impossible to determine with reasonable certainty the identity and address of all lienholders. Notice shall be deemed given either when personally served, when mailed, or when published. If notice served only by certified mail is returned undelivered by the U.S. post office, action to impound the vehicle shall be continued to a date not less than ten (10) days from the date of such action. This notice shall contain the following information: 1. That the vehicle is in violation of this chapter; 2. A description, to the extent possible, of the year, make, model, color, and location of the vehicle; 3. That the owner of the vehicle and/or the property owner must remove the vehicle or correct the violation in accordance with this chapter; 4. That failure to comply with the provisions of this chapter within seven (7) days from the date notice is given, the owner of the vehicle and the property owner shall be liable for the violation; 5. That the vehicle will be removed by the city and impounded at the owner's expense; and 6. That if the vehicle is not redeemed within thirty (30) days after impoundment, the owner of the vehicle, the property owner and the lienholders shall no longer have any right, title, claim or interest in or to the vehicle or the personal property contained therein. B. Abatement: If the owner of the vehicle or the owner of the property upon which the vehicle is located fails to remove the vehicle in accordance with the terms of this chapter, the enforcement officer shall abate such violation by causing the vehicle to be removed and 6 Page 221 of 243 impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the vehicle and/or the owner of the property. C. Redemption Sof Impounded Vehicle; Abandonment: Within thirty (30) days after the impoundment of any vehicle under this section, the owner thereof may appear and claim the vehicle or the personal property contained therein. The vehicle shall be released after the owner provides proof of ownership, pays an impoundment fee, and pays towing and storage charges. Personal property contents shall be released after the owner provides proof of ownership of the vehicle. If no owner makes a timely claim for the vehicle, the owner shall no longer have any right, title, claim or interest in or to the vehicle and its remaining contents, and the vehicle may be disposed of as provided by Iowa law governing abandoned vehicles, currently codified at section 321.89 of the Code of Iowa. During the period of impoundment, the impoundment facility at which the vehicle is being stored shall be responsible for the vehicle. 6-7-5 EFFECTIVE DATE. (Recreational Vehicle Parking): This scctionchapter shall bccomcis effective upon adoption. Current residents owning recreational vehicles on thc effective date shall be givcnhavc 180 days until Dcccmbcr 31, 2015 to conform to the parking provisions of this Section h pter for their current place of residency for the duration that the current resident owns a recreational vehicle. 6-7-6 : Authorized ENFORCEMENT Agencies.: The Waterloo Police Dcpartmcnt, Codc Enforccmcnt Officers, or any othcr persons authorized by Resolution of thc City Council arc authorized to cnforcc thc ordinancoCode enforcement officers and officers of the Waterloo Police Department are authorized to enforce the provisions of this chapter. 71. Penalty Any violation of this ordinance shall constitute a Municipal Infraction and be punishable consistent with Sections 1 8 of the Waterloo Code of Ordinances. 6-7-7: REQUEST FOR VARIANCE OR APPEAL: A person who, either being charged with violation of this chapter or in anticipation of being charged with such violation, desires to request an exception to the application of any provision of this chapter due to extraordinary hardships or practical difficulties, may file an application for a variance or appeal with the city clerk and pay a filing fee as set by resolution of the city council. The application shall state the relief requested and the grounds therefor. As to any citation or notice of violation issued pursuant to this chapter, the application must be filed within seven (7) days after the citation or notice is delivered. Hearing on the application shall be scheduled for a date within thirty (30) days after the application is filed and the fee paid, and it shall be scheduled for no more than twenty (20) minutes in length or, if the applicant requests an extension of time, such additional time as the city council or its designated committee, in its discretion, may deem necessary. If the applicant desires additional time, he or she must request it at least seven (7) days before the scheduled hearing date. A variance shall not have the effect of nullifying the intent and purpose of this chapter. The city council or its designated 7 Comment [ALO10]: Formerly 302.8.1.5 Comment [ALO11]: Formerly 302.8.1.6 Comment [ALO12]: Formerly 302.8.1.7, not needed because covered by existing code Page 222 of 243 committee shall consider whether the granting of a variance would be detrimental to the public health, safety or welfare, whether the subject property is characterized by unique conditions, whether the applicant will suffer particular hardship as compared to mere inconvenience if the strict letter of this chapter is carried out, and any other considerations that the city council or its designated committee consider relevant. After such hearing, the city council or its designated committee shall act by simple majority vote, may require such conditions as the council or its committee believe will substantially secure the objectives of this chapter, and shall reduce its decision to writing. The city clerk shall deliver a copy of the decision to the applicant. 8 Page 223 of 243 Nancy Higby From: Sent: To: Subject: KELLEY FELCHLE Tuesday, March 28, 2017 2:51 PM Nancy Higby FW: Residential Parking ordiniance concern Follow Up Flag: Follow up Flag Status: Flagged Hi Nancy, Aric is going to submit this ordinance for approval next week. Could you please add this email to the council folder? Thank you! Kelley Kelley Felchle City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4323 PURSUANT TO IOWA CODE CHAPTER 22 EMAIL COMMUNICATION TC) AND FROM THIS ADDRESS MAY @3E SUBJECT TO PUBLIC DISCLOSIJRE. From: ARIC SCHROEDER Sent: Tuesday, March 28, 2017 9:47 AM To: KELLEY FELCHLE Subject: FW: Residential Parking ordiniance concern fyi From: ARIC SCHROEDER Sent: Monday, March 27, 2017 9:48 AM To: Tom Powers Subject: RE: Residential Parking ordiniance concern Tom, Mr. Delagardelle's camper would have been illegally parked under the former regulations that lapsed in November. The previous regulations did not allow a recreational vehicle that had a height greater than 48" to park in a front yard. The ordinance stated: "In the case of corner lots, the front yard shall include that portion of the lot between the principal structure and the street right of way on both sides of the lot". Where Mr. Delagardelle's picture shows the camper parking space is between the street right of way and the dwelling on a corner lot. I understand that there were many instances where people parked campers in violation of the previous ordinance, and as Mr. Delagardelle eludes to, if they got along with their neighbors and Code Enforcement never received any complaints, many such violations went unnoticed. But just pointing out that Mr. Delagardelle seems to be trying to compare the proposed regulations limiting camper parking in a front yard for 3 days, to as if he was legally allowed to park their indefinitely, which was not the case. Legally, he was not allowed to park their at all, and the proposed regulations lessen that restriction by allowing him to park their for limited time periods, not exceeding 3 days within a 7 day period. Mr. Delagardelle cautions against passing a regulation based on time limits and questions how it would be enforced. Enforcement would be through the Code Enforcement officers, and likely would be primarily based on complaints. Other than allowing any and all front yard camper parking from spring through fall, there is really no other option other than to pass a regulation based on time limits. As I noted at the work session, staff is definitely open to input on this matter to determine how best to regulate camper parking. Ultimately this is a City Council decision pitting the convenience of a camper owner vs. the concern for the aesthetics of residential neighborhood. Does a permanently or semi -permanently parked camper in a front yard potentially have a negative impact on a neighborhood? Whether they complain or not, how do adjoining property owners feel about their neighbor parking a camper or similar recreational vehicle or trailer in the front yard adjoining their house for long periods of time? Corner lots may be a little trickier than non -corner lots...as it is not what they consider to be their "front yard"...but just because it is not their front yard...it is often adjacent to someone's front yard. I live on a corner lot with my driveway going to the side -street. When I park a camper in my driveway, even though it is not in what I would consider my front yard...it is directly in front of the house that is behind my house. As a camper owner, I am very cognoscente as to how my camper looks when parked in my driveway, and I try to have it parked there for the shortest amount of time possible either before a camping trip to get it loaded, or after a camping trip to get it unloaded...leaving it in a rented storage at all other times. As a camper owner, I know that an outright ban on parking a camper in a required front yard for any period of time (as the old ordinance did) is not realistic. For many, they have no means of parking the camper anywhere but their front yard...they may have no way of even getting a camper into their back yard. Their needs to be a reasonable allowance to park a camper for short periods while you are preparing for a trip, or unpacking from a trip, etc. That is the purpose of the 3 day provision. But is it reasonable for a camper owner to expect to be able to only "store" their camper off-site for the winter, and to have it parking in a required front yard for the majority of 7 or 8 months of the year? If they can park outside of a required front yard, then there is no issue...the only issue at hand is required front yard parking. If the Ordinance were adopted as proposed, the Ordinance does have a variance/appeal process whereby a property owner could request a variance to allow them to park a recreational vehicle in a required front yard. Obviously the Council would need to be careful on how they grant variance requests so as not to set precedent and undermine or effectively nullify the provision, but it could be a good avenue to address unique situations. Otherwise we can look to try and further tweak the proposed ordinance before adoption, if there is some general consensus from the Council on how to word it differently. But I've heard from a couple of Council on opposite ends of that spectrum, and haven't heard anything from several others...so not much consensus that I'm aware of at this point. Let me know if you have any additional questions, or thoughts on how the ordinance should be worded. Thanks, 2 ARK A. SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulbeny Street Waterloo, IA 50703 Phone: (319) 291-4366 Fax: (319)291-4262 www.ci.waterloo.ia.us From: Tom Powers[mailto:tompowers.waterloo@gmail.com] Sent: Sunday, March 26, 2017 6:14 PM To: ARIC SCHROEDER Subject: FW: Residential Parking ordiniance concern Aric. Please provide me your thoughts on the ordinate related to this issue. Thank you Tom Sent from Mail for Windows 10 From: Beth Delagardelle Sent: Thursday, March 23, 2017 6:26 PM To: Tompowers.waterloo@gmail.com Subject: Residential Parking ordiniance concern Dear Mr. Powers Subject: Residential City parking ordinance. I live in Ward 1, on a corner lot of Progress Ave and Acorn. I have a concern regarding recent Courier article on discussions of revising the parking ordinance.. I have a large driveway to my attached garage and an extended driveway to my detached garage. I park the 28' camper on the extended driveway (concrete) during the spring through fall seasons. I am sociable with all my neighbors and have never had an objection. The courier article mentioned a time limit of 3 days and or perhaps 5 days was more appropriate. The comment was made home owners with campers leave on weekends. That is not the case... Owners with camper may wish to go camping every weekend however life has other choices/obligations i.e weddings , funerals, graduations, etc. I would caution the council on drafting an ordinance with time limitations as to when an RV has to be moved. How would that be monitored? Perhaps the issue is of concern is when homeowners have more Cars, campers ,4 wheelers,. Boats, tractors ,trailers etc. that take up a large percentage of the parking or lot area of their property. Perhaps an ordinance that has language relating a neighborhood nuisance or an excess of cars or rvs occupying non hard surface parking area. I believe the city already has code on the amount of drive area allowed for a lot size. I have included pictures of my drive and my camper sits where the lawnmower is in the pic.. Please keep me advise on the progress of this issue. Sincerely, David Delagardelle 472 Progress Ave Waterloo, Ia. 50701 3 .(319)240-1220 4 CITY OF WATERLOO Council Communication Resolution approving a request by Roger Kalsem for the preliminary plat of Kalsem's Second Addition, a 90 lot residential subdivision, located to the south of E Shaulis Road, east of Highway 218, and east of 3308 Bay Berry Drive. City Council Meeting: 4/3/2017 Prepared: 3/28/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Kalem's Second Addition Pre -Plat D Engineering Letter SUBJECT: Submitted by: Recommended Action: Action Approved Approved Type Cover Memo Backup Material D ate 3/29/2017 - 10:58 AM 3/29/2017 - 12:46 PM Resolution approving a request by Roger Kalsem for the preliminary plat of Kalsem's Second Addition, a 90 lot residential subdivision, located to the south of E. Shaulis Road, east of Highway 218, and east of 3308 Bay Berry Drive. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request for the preliminary plat of Kalsem's Second Addition, an 88 single family homes and nine twin homes residential subdivision, located to the just south of E Shaulis Road, east of Highway 218, and east of 3308 Bay Berry Drive. Please find attached the following items: • Staff report • Aerial photograph • Preliminary P lat • Legal Description • Report of City Engineer The request for the preliminary plat would not appear to have a negative impact upon the surrounding area. It would appear that the proposed residential uses would blend in well with the surrounding neighborhood which consists of single family homes and vacant land. The average lot size within a 250 feet buffer of the project area for residential lots is 23,705 SF. The average lot size for the 88 proposed single family residential lots is 17,500 SF. The average lot size for the two twin -home lots is 143,390 SF or Page 224 of 243 Summary Statement: 15,932 SF per unit. The proposed preliminary plat would appear to have some impact on the surrounding traffic conditions in the area. The proposed development would be served by Texas Street and Marigold Drive, which are classified as Local Streets, and Highway 218, which is classified as a Principal Arterial. The development shall also be served by newly constructed local roads such as Thistledown Drive, Levi Court, Bay Berry Drive, Cessna Court, and Nicole Court. Thistledown Drive and Bay Berry Drive are existing local streets that will be extended to serve the development. In addition Azaela Drive shall also be vacated as part of the development. Additional street names will be required for each of the private roads that will provide road access to the twin homes proposed for lots 89 and 90. It was also suggested to have a road access easement set aside for future development to the east for Nicole Court at lots 83, 84, or 85. The Waterloo Fire Department has also indicated that an additional road access point will be required prior to the subdivision being completely built out. It has also been determined by the City of Waterloo Traffic Operations that a traffic study needs to be performed as part of the development to address the proposed intersection at Highway 218 and Marigold Drive before a final plat of that area is completed. The applicant is requesting a preliminary plat for 54.93 acres to construct 88 single family homes and 9 twin homes as a part of Kals em's Second Addition. For the single family home lots the size of the lots range in size from 11,900 SF to 52,600 SF, with an average lot size of 17,500 SF. Lot widths range from 64.1' to 342', and range from 95.1' to 409.6' deep. Each property shows a 20' setback from the front and 20' or more for the rear property lines, and 5' on the sides. These setbacks all meet the minimum requirements of the "R -3,R -P" Planned Residence District. The average lot size for residential properties within a 250 buffer of the project area is 23,705 SF. The average width of the properties is approximately 110', which is a little higher than the average 85' for the proposed development, but the average lot depth for those properties within the 250' buffer are approximately 200', as opposed to the 175' average for the proposed development. The average lot size for the two twin -home lots is 143,390 SF. Four twin homes or 8 units will be placed on lot 89 and 5 twin homes or 10 units on lot 90. The area is zoned "R-3, R -P" Planned Residence District which is intended and designed to provide for greater flexibility and diversification of land uses. Staff believes that the new residential development will be compatible with and have a positive impact upon the surrounding neighborhood, and is less intensive (no multi -family or commercial uses) than the previously approved plan. During the staff analysis it was questioned if right-of-way should be required to dead-end at the easterly property line to allow for a connection to future developments to the east. Staff would also like to receive an initial draft of the deed of dedication for information purposes, although a finalized deed of dedication is not needed until the final plat is submitted. The preliminary plat shows requirements such as: existing topographic Page 225 of 243 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: contours, legal description, property lines/dimensions, building setback lines, street surfacing, sanitary sewer, storm sewer locations, date/north arrow, sizes of right of way, sizes of the proposed lots, utility easements, electric, gas, sidewalk locations, and street names. At the March 7, 2017 Planning, Programming and Zoning Commission meeting, the Commission unanimously recommended approval of the preliminary plat. N/A N/A Land Use and Economic Development. N/A N/A All that part of the Northwest Quarter of Section No. Eighteen (18), Township No. Eighty-eight (88) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, in the City of Waterloo, Iowa, lying Northeasterly of the Northeasterly line of Highway No. 218 as established by Warranty Deed filed June 17, 1952 and recorded in 111 Land Deeds 229: Except the North Three Hundred Twenty-five (325) feet thereof and Except that part bounded as follows: Beginning at a point on the South line of the County Road which is Twenty- one Hundred Forty-eight (2148) feet West and Fifty (50) feet South of the Northeast corner of the Northwest Quarter of said Sectionp thence South Zero (0) degrees East One Hundred Eighty (180) feet; thence South Ninety (90) degrees East Four Hundred Eighty-four (484) feet; thence South Zero (0) degrees Six (6) minutes West Ninety-five (95) feet; thence South Thirty-six (36) degrees Fifty-four (54) minutes East Three Hundred Thirty-six and Six tenths (333.6) feet; thence South Fifty-three (53) degrees Thirty-three (33) minutes West Five Hundred Nineteen and Fifty-five Hundredths (519.55) feet; thence North Thirty-six (36) degrees Three (3) minutes West Nine Hundred Thirty-seven (937) feet along the Northeasterly right of way line of U.S. Highway No. 218; thence North Thirty (30) degrees Forty-three (43) minutes West One Hundred Eight and One Tenth (108.10) feet along said Northeasterly right of way line; thence North Ninety (90) degrees East Three Hundred Forty and Six tenths (340.6) feet along the South line of the county Road to the point of beginning, except all legal highways. Except Survey ParcelA at Miscellaneous 340-485. Except that part platted as Timothy Ridge Second Addition, Waterloo, Iowa. Except that part platted as Timothy Ridge, Waterloo, Iowa. Page 226 of 243 Except that part platted as Kalsem's First Addition, Waterloo, Iowa. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record Page 227 of 243 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: March 7, 2017 Request by Roger Kalsem, for the preliminary plat of 54.93 acres for Kalsem's Second Addition to allow for the development of 88 single family residential lots and two twin -home residential lots. Roger Kalsem, 191 Belle Street, Waterloo, IA 50702 The applicant is requesting a preliminary plat to allow for the development of 88 single family homes on 88 Tots and 9 twin - homes on two Tots, just south of E Shaulis Road, east of Hwy 218, and east of 3308 Bay Berry Drive. The request for the preliminary plat would not appear to have a negative impact upon the surrounding area. It would appear that the proposed residential uses would blend in well with the surrounding neighborhood which consists of single family homes and vacant land. The average lot size within a 250 feet buffer of the project area for residential Tots is 23,705 SF. The average lot size for the 88 proposed single family residential Tots is 17,500 SF. The average lot size for the two twin -home Tots is 143,390 SF or 15,932 SF per unit. The proposed preliminary plat would appear to have some impact on the surrounding traffic conditions in the area. The proposed development would be served by Texas Street and Marigold Drive, which are classified as Local Streets, and Highway 218, which is classified as a Principal Arterial. The development shall also be served by newly constructed local roads such as Thistledown Drive, Levi Court, Bay Berry Drive, Cessna Court, and Nicole Court. Thistledown Drive and Bay Berry Drive are existing local streets that will be extended to serve the development. In addition Azaela Drive shall also be vacated as part of the development. Additional street names will be required for each of the private roads that will provide road access to the twin homes proposed for Tots 89 and 90. It was also suggested to have a road access easement set aside for future development to the east for Nicole Court at Tots 83, 84, or 85. The Waterloo Fire Department has also indicated that an additional road access point will be required prior to the subdivision being completely built out. It has also been determined by the City of Waterloo Traffic Operations that a traffic study needs to be performed as part of the development to address the proposed intersection at Highway 218 and Marigold Drive before a final plat of that area. A future trail is planned along Shaulis Road to the north. Timothy Ridge First and Second Additions were platted in the 1970's and 1980's. A Final Plat of Kalsem's First Addition was approved on January 8, 2001. Surrounding land uses and their zoning designations are as follows: North — Single Family, zoned "R-1" One and Two Family Kalsem's 2nd Addition - Preliminary Plat Pa'f f 22V of 243 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE March 7, 2017 Residence District, M-1 Light Industrial District, and "A-1" Agricultural District. South — Vacant land, zoned "C-2" Commercial District. East — Vacant land, zoned "A-1" Agricultural District. West — Vacant land, zoned "R -3,R -P" Planned Residence District and "R-4" Multiple Residence District. The area in question was rezoned from "A-1" Agriculture District to "R -3,R -P" Planned Residence District on January 26, 1976. The surrounding area consists predominantly of single family homes and vacant land. No buffers shall be required as a part of this preliminary plat request, as no multi -family or commercial is proposed. The preliminary plat request could appear to have an impact on drainage in the area, especially considering that 8 lots are either fully or partially in the 100 -year floodplain. However, the preliminary plat does denote two storm water detention/retention areas on the east side of the proposed plat, and storm water drainage easements labeled in the rear yards for various lots. The area would be able to be removed from floodplain status after the area is graded. The majority of the area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190031 and Panel Number 0308F, dated July 18, 2011. However, lots 4, 12, 15, and 16 are entirely in the 100 -year floodplain and portions of lots 3, 11, 13, 14, and 17 are located in the floodplain as well. The area is an unshaded Zone A, and a determination of floodplain status and elevation will be required. There are no nearby schools or parks in the vicinity. There is an existing 12" sanitary sewer main and 8" water main stub off of E Shaulis Road and a 15" sanitary sewer main and 12" water main that is located underneath Texas Street. In addition there is an existing 8" sewer main, 15" storm sewer, and a 6" to 8" inch water main underneath Thistledown Drive, and 8" sewer main and 6" to 8" water main underneath Blue Bonnet Drive and Bay Berry Drive as well. New water and sewer mains are proposed underneath or along Thistledown Drive, Bay Berry Drive, Cessna Court, Kalsem Court, Nicole Court, and Levi Court. A portion of the development along Hwy 218 is not in conformance with the Future Land Use Map which designates this area as Mixed Commercial: Medium to High Density Residential; Professional Kalsem's 2nd Addition - Preliminary Plat PgdtP22g of 243 LAND USE PLAN: March 7, 2017 Offices; and Compatible Commercial. However, the majority of the land being developed in the Kalsem's Second Addition is designated as Low Density Residential. The Future Land Use Map is used as a guide when making land use decisions. The City of Waterloo is currently in the beginning stages of updating its Comprehensive Plan and it may be necessary to change the Future Land Use Map to reflect the change in the proposed land use. STAFF ANALYSIS — The applicant is requesting a preliminary plat for 54.93 acres to ZONING construct 88 single family homes and 9 twin homes as a part of ORDINANCE: Kalsem's Second Addition. For the single family home lots the size of the lots range in size from 11,900 SF to 52,600 SF, with an average lot size of 17,500 SF. Lot widths range from 64.1' to 342', and range from 95.1' to 409.6' deep. Each property shows a 20' setback from the front and 20' or more for the rear property lines, and 5' on the sides. These setbacks all meet the minimum requirements of the "R -3,R -P" Planned Residence District. The average lot size for residential properties within a 250 buffer of the project area is 23,705 SF. The average width of the properties is approximately 110', which is a little higher than the average 85' for the proposed development, but the average lot depth for those properties within the 250' buffer are approximately 200', as opposed to the 175' average for the proposed development. The average lot size for the two twin -home lots is 143,390 SF. Four twin homes or 8 units will be placed on lot 89 and 5 twin homes or 10 units on lot 90. The area is zoned "R-3, R -P" Planned Residence District which is intended and designed to provide for greater flexibility and diversification of land uses. Staff believes that the new residential development will be compatible with and have a positive impact upon the surrounding neighborhood, and is less intensive (no multi- family or commercial uses) than the previously approved plan. During the staff analysis it was questioned if right-of-way should be required to dead-end at the easterly property line to allow for a connection to future developments to the east. Staff would also like to receive an initial draft of the deed of dedication for information purposes, although a finalized deed of dedication is not needed until the final plat is submitted. The preliminary plat shows some requirements such as: existing topographic contours, legal description, property lines/dimensions, building setback lines, street surfacing, sanitary sewer, storm sewer locations, date/north arrow, sizes of right of way, sizes of the proposed lots, utility easements, electric, gas, sidewalk locations, and street names. The preliminary plat is missing the following features: telephone, Kalsem's 2nd Addition - Preliminary Plat P 231i of 243 STAFF RECOMMENDATION: March 7, 2017 cable, and existing vegetation. Therefore, staff recommends that the request for the preliminary plat in the "R -3,R -P" Planned Residence District be approved for the following reasons: 1. The proposed use would appear to have a positive impact on the area by brining additional housing on vacant land within a residential area. 2. The proposed development is within the density requirements as set forth in the Zoning Ordinance for this particular zoning district. 3. The proposed use would not appear to have a negative impact on traffic and pedestrian conditions in the area. The completion of a traffic study will be required in the future for the connection to Hwy 218 when that area is final platted. And subject to the following conditions: 1. That the preliminary plat meets all applicable city codes, regulations, etc. Including, but not limited to parking, landscaping, traffic plan, screening, drainage, etc. Kalsem's 2nd Addition - Preliminary Plat Pgd> 23f14 of 243 City of Waterloo Planning, Programming and Zoning Commission March 7, 2017 East of 3308 Bay Berry Drive Preliminary Plat - Kalsem's Second Addition Roger Kalsem Page 232 of 243 Alt --I Aril ✓`�-T��i 350 175 0 350 %/100 \° (Feet City of Waterloo Planning, Programming and Zoning Commission March 7, 2017 ',",..sre Ts '7X91:7 ■ - �� i<•7 �:7U7N.,,grielte gill rte ma IIIIIII NM Mm m Mr. == m mom mm. mm Nom mmMEM;: •••AFrir• '"-iiiyau� '4 CC C -1.0-Z IEh\ 101 -2 A-1 E. SHAULIS RD NEEB A-1 R -2,C -Z - Silver Lake A\ 9110 111 Inn X111;R 2 !�:�1- - Num 12111 1j■■1.i tiI E. ORANGE RD. .41 ,■ •••• • ••• •• MN KELL East of 3308 Bay Berry Drive Preliminary Plat - Kalsem's Second Addition Roger Kalsem Page 233 of 243 PAR , "A" PLAT IF UR % Y 0MIS . 85 D 10/03/2000 AZALEA DRIVE TO BE VACATED 8812-18-103-006 BRIAN L. ORTMAN SHERICE HE 'ICK ORTMAN 58 8812-18-103-005 ROGER G. & MARY J. GA T vI C5 "TIMOTHY RIDGE ADDITION" R-3 R P" ZONING 4 8 THISTLEDOWN DRIVE 1^,4400 13 "TIMOTHY RIDGE SECOND ADDITION" BAY BERRY DRIVE 15 R—P" ZONING 8812-1 26-030 14 JEFFREY L & PATRICIA SWARTZENDRUBER 8812-18-126-026 JEFFREY L & PATRICIA SWARTZENDRU:ER 8:12-18-12. —034 JAMES & ELSIE AIC LMEL TRU T 1 ' E 71.3' y "8" �•, C5E 26, 7 64 STOF DRAII z_c / 32 C22_ 4' WIDE P.C.C. SIDEWALK 10' UTILITY EASEMENT TYPICAL ROAD 0 (TYPICAL, UNLESS NOTED OTHERWISE) 20' BLDG. SETBACK 83C Kenyon loam, 5 to 9 percent slopes 83C2 Kenyon loam, 5 to 9 percent slopes, eroded 178B Waukee loam, 2 to 5 percent slopes 184 Klinger silty clay loam, 1 to 4 percent slopes 391B Clyde -Floyd complex, 1 to 4 percent slopes 485 Spillville loam, 0 to 2 percent slopes, occasionally flooded 911B Colo -Ely complex, 0 to 5 percent slopes 4041 B Sparta -Urban land complex, 2 to 5 percent slopes Totals for Area of Interest CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): Address: / 9/ <-//z Phone: City: /f r,).e7 /7 State: .f} Zip: '57-'7Y-2_ b. Status of Applicant: (a) Owner b) Other (CHECK ONE): if other explain: c. Property Owner's Name if different than above (please print): Address: City: Phone: State: Zip: 2. PROPERTY INFORMATION: a. Name of PIat: 4 e b. General Location of Property: c. Area of Proposed Plat: / ''/ ,4e, h d. Zoning District(s): Q - 3 V 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four (4) copies of Preliminary Deed of Dedication 4. PUBLIC IMPROVEMENTS a. Costs (estimated) for any public improvements: Total Cost Estimate Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ TOTAL $ The Request Fee of $300 + S10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change m any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Comnussion and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. ,a v4 X74 7-//1/77 Signa re of Applicant Date Signature of Owner Date eq ,11/1r10, r Al �.,,-" / /ern / /-z-•-/-w--z--- Page 236 of 243 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 March 31, 2017 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT KALSEM'S SECOND ADDITION Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, Dennis J. entz, P.E. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com 9131 9641 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 237 of 243 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board minutes - March 20, 2017. City Council Meeting: 4/3/2017 Prepared: REVIEWERS: Department Reviewer Action Date Housing Authority Mayer, Sonia Approved 3/23/2017 - 4:29 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 2:09 PM ATTACHMENTS: Description Type D WHA BOARD MINUTES Cover Memo SUBJECT: Waterloo Housing Authority Board minutes - March 20, 2017. Submitted by: Submitted By: JULIE DAWSON, EXECUTIVE DIRECTOR Page 238 of 243 WATERLOO HOUSING AUTHORITY, Governing Board Minutes Monday March 20, 2017 at 4:50 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Welper, Morrissey, Powers, Lind, Schmitt, Amos, Shinstine Motioned by Schmitt, seconded by Amos, that the Agenda be approved and to approve the minutes from the January 17, 2017 meeting. Ayes: All Motion Carried. Old Business Motioned by Morrissey, seconded by Amos to approve the following public hearing: Opened Public Hearing and Approval of the FY2016 Annual Agency Plan and the Revised Capital Fund 5 -Year Action plan for Improvements at Ridgeway Towers. No written comments on file; no oral comments during the hearing. Public Hearing Closed. Ayes: All. Motion carried. New Business Motioned by Amos, seconded by Morrissey, to accept bid for lawn care services at Ridgeway Towers (225 W. Ridgeway Avenue) from CZ Property Services, LLC. This is a 3 -year contract from May 1, 2017 through October 31, 2019 for all lawn mowing, trimming and weed control services. Ayes: All Motion Carried. Motioned by Amos, seconded by Morrissey, to accept bid for from Bergen Plumbing & Heating, and Peoples' Appliance, for Ridgeway Towers' laundry room upgrade. Ayes: All Motion Carried. Motioned by Amos, seconded by Morrissey, to approve changes to the Waterloo Housing Authority' s Admissions and Continued Occupancy Policy (ACOP) and Administrative Plan and approve the Emergency Transfer Plans for both the Public Housing Program and the Housing Choice Voucher Program to encompass the new regulations under the Violence Against Women Act (VAWA) final rule as of 12/16/16. Ayes: All Motion Carried Motioned by Amos, seconded by Morrissey to approve and place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All Motion Carried Motioned by Morrissey, seconded by Powers to adjourn the meeting. Ayes: All Motion Carried. SAM Page 239 of 243 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees minutes - March 22, 2017. City Council Meeting: 4/3/2017 Prepared: 3/24/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 3/24/2017 - 4:06 PM Clerk Office Even, LeAnn Approved 3/27/2017 - 2:10 PM ATTACHMENTS: Description Type Waterloo Water Works Board of Trustees meeting ❑ minutes of March 22, 2017 on file in the Waterloo City Cover Memo Clerk's office. SUBJECT: Waterloo Water Works Board of Trustees minutes - March 22, 2017. Submitted by: Submitted By:Matt Mahler, General Manager Page 240 of 243 UI lu V V‘../1.1. V V IVI 1 11 AV 1 1lA vwv, NI VVVI Il. / II VV 111 1.011.1.,,1 1Al 1 IV,. 1 VI 11 L111u, V V U IA, 1 IVV Vlly Council Member; Rick Wilberding, Distribution Department Manager; Matthew Mahler, General Manager and Dennis Clark, General Manager. The Board approved to adopt: the agenda; the minutes of the regular meeting of February 22, 2017; the Monthly Financial Report; the Monthly Revenue and Expense Summary; a resolution to cause $1,179.37 for pave box/curbstop repair to be assessed to the property taxes of 1221 West 6th Street; a resolution to cause $741.75 for pave box/curbstop repair to be assessed to the property taxes of 1112 Amherst Avenue; a resolution to cause $5,159.99 for service line repair to be assessed to the property taxes of 212 Lafayette Street; a motion to receive and place on file proof of publication of notice of public hearing for the 2017 Street Reconstruction Program -Division II Water Main Replacement Project; to open the public hearing; a motion to declare the hearing closed with no written or oral objections; a resolution to confirm approval of bid documents, plans, specifications and form of contract; a resolution to award the contract subject to the award of the overall project by the City of Waterloo and to authorize the General Manager to execute appropriate contract documents; a motion to receive and place on file the Proof of Publication of the Notice of Public Hearing for the 2017 Asphalt Overlay Preparation Project; to open the public hearing; a motion to declare the hearing closed with no written or oral objections; a resolution to confirm approval of bid documents, plans, specifications and form of contract; a resolution to award the contract to Lodge Construction, Inc., and to authorize the General Manager to execute the appropriate contract documents; a resolution to approve bids and award purchase from Bill Colwell Ford for a replacement vehicle for car #1; a resolution to approve bids and award purchase from Dan Deery Motor Company for a 1 -ton truck with service body; a resolution to approve bids and award purchase contracts to Schimberg Company for 2017 pipe, to Utility Equipment Company for 2017 valves, and to Schimberg Company for 2017 fittings; a motion to authorized to request proposals for engineering services for a Northeast Drive water main extension; a motion to authorize to request bids for mowing of Water Works properties; a resolution to adopt revised Rule and Regular 3.5 regarding water meter registration; a motion to receive and file the 2015 Operating Report; and to set the date of next regular Board meeting as Wednesday, April 27, 2017 at 8:00 a.m. Payment of the following bills: Acco Unlimited Ahlers & Cooney Airgas USA All Star Plumbing & Heating Allen Memorial Hospital Alliance Benefit Group Aramark Uniform Aspro Assured Flow Sales B & B Builders Bearing Distributors BerganKDV Black Hawk County Auditor Black Hawk Waste Disposal BMC Aggregates C and C Welding Campbell Supply CareerTrack Cedar Valley Sportsplex Cedar Valley United Way Charles Schwab Institutional Supplies Sem inar Supplies Repairs Services Services Services Cold mix Supplies Services Supplies Consulting Services Water & Sewer Bond Services Supplies Supplies Supplies Sem inar Payroll Deduction Payroll Deduction Pension 4,990.56 95.00 791.60 7,361.77 78.00 1,435.00 356.37 923.40 557.51 3,825.35 228.12 1,050.00 6,761.85 104.00 1,959.49 189.37 1,116.60 149.00 326.82 97.50 46,467.18 Vlul n, 1-,V11111,7 Cogsdale Corp. Community Bank & Trust Courier Communications Dell Marketing Dex Media East Electronic Engineering EMA, Inc. Farmers State Bank Fifth Street Tire Frickson Bros. Excavating Gierke -Robinson Goodyear Commercial Tire Hogan & Hansen Iowa Dept. of Natural Resources Iowa Groundwater Assoc. Iowa One Call IPERS IWI Motor Parts Karen's Print -Rite Kerns, Steve Keystone Lab Kwik Trip Larson, Travis Mahler, Matthew L. Menards MidAmerican Energy Moody, Moe Municipal Supply Murphy Tractor & Equipment Mutual Wheel Napa Auto Parts Northland Products P & K Midwest Payroll Postmaster PPG Architectural Finishes Public Employees Credit Union Radio Communications Refunds Region I AWWA Sandee's Ltd. Sensus Metering Systems Snyder & Associates State of Iowa Treasurer Storey Kenworthy Sun Life Financial Teamsters Local Union #238 Total Backflow Resources Treasurer, State of Iowa U.S. Cellular UnityPoint Clinic -Occupational Medicine US Dept. of Treasurer Van Meter Inc. Van Wert, Inc. Vogel, Wes Voya Financial 1\VII I I VNI VVIIIVIll CSM Project Services Legal Ads Computer Services Services Consulting Services Certificate Supplies & Services Repairs Supplies Supplies & Services Services Operator Fees Dues Services Pension Supplies Supplies Reimbursement Testing Fuel Reimbursement Reimbursement Supplies Gas, Power & Electric Reimbursement Services Supplies Supplies Supplies Supplies Supplies Postage Supplies Payroll Deduction Services Operator Workshop Supplies Supplies & Software Services Sales Tax Supplies Insurance Payroll Deduction Recertification State Tax Services Services Federal Tax Supplies Services Reimbursement Payroll Deduction VVV.VV 18,495.16 359.12 171.08 1,227.92 65.00 1,513.05 3,782.00 100,000.00 956.35 1,237.50 697.13 284.50 2,038.90 50.00 30.00 249.40 14,353.09 201.53 9.85 50.00 1,098.00 3,529.32 50.00 1,510.34 1,610.96 29,060.18 9.94 11.73 74.96 34.52 51.14 506.66 28.20 107,326.49 200.00 223.32 9,455.00 126.00 2,294.07 120.00 140.85 20,155.27 100.00 26,369.00 547.49 7,197.01 1,075.00 1,215.00 8,873.00 42.11 111.00 48, 737.36 10.62 5,054.00 177.67 8,104.00 V V 11,7 1 1 1 \V V ISA I UI I I v.I NN'y WATERLOO WATER WORKS ATTEST: I -I-v.vv $1,861,568.90 Secretary