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HomeMy WebLinkAboutCouncil Packet - 4/10/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, April 10, 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 159 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of April 3, 2017, Regular Session, as proposed. Recognition of Brandon Hodgin as the April 2017 Team Member of the Month ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary specifications, bid document, form of contract etc., and setting date of bid opening as April 27, 2017 and date of public hearing as May 1, 2017 for the purchase of one (1) Salt Brine Blender and instruct City Clerk to publish said notice. Submitted By: Mark Rice, Public Works Director 3. Resolution approving preliminary specifications, bid document, 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 two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. Submitted By: Mark Rice, Public Works Director 4. Resolution setting date of public hearing as April 24, 2017, for the sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. in the amount of $1.00, and approving Development Agreement and Offer to Purchase, and directing City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planing & Development Director 5. Resolution setting date of public hearing as April 24, 2017, to approve the request Page 2 of 159 by Mark White Construction on the behalf of Fusion Real Estate, LLC, for a site plan amendment to the "C -P" Planned Commercial District, to allow for the construction of an 12,000 square foot, indoor dance studio, with a 51 -stall parking lot, located north of 1730 West Ridgeway Avenue, and authorize the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Inv. Frein & P.O. Roberts Class/Meeting: Midwest Gang Investigators Association 2017 Conference Destination: Wisconsin Dells, WI Dates: May 21-24, 2017 Amount not to exceed: $464.00 b. Lt. Fangman Class/Meeting: Rights of Police Officers Seminar Destination: Las Vegas, NV Dates: June 6-12, 2017 Amount not to exceed: $1,563.00 c. Brian Baker, Chief HVAC Inspector Class/Meeting: 2017 IOWACE (Iowa Association of Code Enforcement) Spring Conference Destination: Altoona, IA Dates: May 11-12, 2017 Amount not to exceed: $285.00 d. Barry Stratton, Property Safety Inspector Class/Meeting: 2017 IOWACE (Iowa Association of Code Enforcement) Spring Conference Destination: Altoona, IA Dates: May 11-12, 2017 Amount not to exceed: $250.00 e. Keith Kaspari, Director of Aviation Class/Meeting: Cedar Valley Coalition - 2017 Destination: Washington, D.C. Dates: June 12-14, 2017 Amount not to exceed: $1,300.00 2. LIQUOR LICENSES a. Amigo Mexican Restaurant, 1415 E. San Marnan Drive Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 2/28/2018 b. Casey's General Store #2879, 3260 University Avenue Class: B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 4/18/2018 c. Godfather's Pizza, 3811 University Avenue Class: B Beer Page 3 of 159 Renewal Application Includes Sunday Expiration Date: 3/30/2018 d. Prime Mart, 508 Broadway Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 3/31/2018 e. Walgreens #7455, 111 W. Ridgeway Avenue *OWNERSHIP UPDATE* Class: E Liquor New Application Includes Sunday Expiration Date: 6/17/2017 f. Prime Mart 7, 1309 Lafayette Street Class: B Wine / C Beer / E Liquor New Application Includes Sunday Expiration Date: 3/16/2018 g. Riverloop Expo Plaza, 400 Jefferson Street Class: Special C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 10/1/2017 3. APPOINTMENTS a. Marcia Buttgen Board/Commission: Planning, Programming and Zoning Expiration Date: 4/10/2020 New Appointment b. Jason Verbraken Board/Commission: Community Development Expiration Date: 3/1/2020 Re -Appointment c. Jamie Castle Board/Commission: Planning, Programming and Zoning Expiration Date: 4/10/2020 New Appointment d. Christina Wood Board/Commission: Cultural and Arts Commission Expiration Date: 3/1/2020 Re -Appointment e. Teresa Culpepper Board/Commission: Human Rights Expiration Date: 4/10/2020 New Appointment f. Lisa Reilly Page 4 of 159 Board/Commission: Human Rights Expiration Date: 4/10/2020 New Appointment 4. Motion to receive and place on file the 2015 Operating Report of the Waterloo Water Works. Submitted By: Matt Mahler, General Manager 5. Bonds PUBLIC HEARINGS 2. FY 2017 Street Reconstruction Program, Contract No. 921. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Dennis Gentz, Assistant City Engineer RESOLUTIONS 3. Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of $135.00 per motorcycle, per month, for a total amount of $3,240.00 and authorize Mayor and City Clerk to execute said document. Submitted By: Frank Krogh, Police Captain 4. Resolution awarding contract to Dick's Petroleum of Tripoli, Iowa, in the amount of $40,576.53, in conjunction with the replacement of fuel pump dispensers at the City Fuel Distribution Site and authorize Mayor and City Clerk to execute said document. Submitted By: Mark Rice, Public Works Director 5. Resolution approving award of contract to Wilson Custom Tree of Cresco, Iowa, in the amount of $86,714.25, approving bond and certificate of insurance in conjunction with the 2017 Spring Stump Removal Project, and authorize Mayor and City Clerk to execute said agreement. Submitted By:Todd Derifield, City Forester 6. Resolution approving Supplemental Agreement No. 4 with AECOM of Waterloo, Iowa, in an amount not to exceed $115,000.00, for construction related services for the FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales, Associate Engineer ORDINANCES 7. An Ordinance amending the City of Waterloo Zoning Ordinance No. 5079 regarding billboard and off -premise advertising, residential fence coverings, Page 5 of 159 regulations for indoor and outdoor recreational uses, floodway regulations (drainage and detention facilities), wireless communication facilities, and other miscellaneous updates. 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 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 third time and adopt said ordinance. Submitted By:Aric Schroeder, City Planner 8. An Ordinance amending the City of Waterloo Zoning Ordinance No. 5079, 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 consider, and pass for the third time and adopt an Ordinance amending the City of Waterloo Zoning Ordinance No. 5079, 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. Submitted By: Noel Anderson -Community Planning and Development Director OTHER COUNCIL BUSINESS 9. Motion to approve Change Order No. 1, for an increase of $5,829.50, in conjunction with the FY 2017 Byrnes and Gates Pool Painting Project, Contract No. 923. Submitted By: Travis Nichols, Facilities/Project Manager 10. 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 ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:40 p.m. Building & Grounds Committee, Harold E. Getty Council Chambers 4:50 p.m. Boards & Commissions Committee, Harold E. Getty Council Chambers 5:00 p.m. Human Resource Committee, Harold E. Getty Council Chambers Page 6 of 159 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Jarid Hundley, Police Officer, effective March 24, 2017 with recommendation of approval of payout of $6,453.76 for unused benefits. Page 7 of 159 CITY OF WATERLOO Council Communication Minutes ofApril 3, 2017, Regular Session, as proposed. City Council Meeting: 4/10/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/4/2017 - 12:40 PM ATTACHMENTS: Description Type D Minutes ofApril 3, 2017 Cover Memo Submitted by: Submitted By: Page 8 of 159 111, 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, April 3, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence: Rev. Daniel A. Voigt, Associate Pastor, Westminster Presbyterian Church. Pledge of Allegiance: Midwest High School Hockey League Champions, Waterloo Warriors. 146235 - Welper/Powers that the Agenda, as proposed, for the Regular Session on Monday, April 3, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146236 - Welper/Powers that the Minutes, 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. Mayor Hart read a Proclamation declaring April 2017 as Sexual Assault Awareness Month. Mayor Hart read a Proclamation declaring April 2 - 8, 2017, as Crime Victims' Rights Week. Mayor Hart read a Proclamation declaring April 2017 as Child Abuse Prevention Month. Mayor Hart read a Proclamation declaring April 2017 as Limb Loss Awareness Month. Mayor Hart recognized 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. Mayor Hart recognized Mark Rice for his service to the City of Waterloo as Public Works Director and congratulated him on his retirement. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that last week he brought up that the Governor of Iowa mentioned that Waterloo is the fastest growing city in Iowa and he does not believe this is reflected on the taxes. He also mentioned that he and the Mayor had a conversation about how votes happen on city council and that his neighbors believe that certain council members do a better job of watching the budget, and those people will be voting in the election. Aaron Roberts, 411 Almond, presented information to the city council about his children being victims of crime and harassment and are not receiving help from Waterloo Police Department. He further explained that he received a letter from the police chief recommending he be committed to a mental health facility. David Dryer, 3145 W. 4th Street, questioned when the next University Avenue Project meeting will take place and encouraged the city to give ample notice of the meeting. He further commented that he agreed with a letter to the editor that appeared in the Waterloo Courier regarding a recycling refund request considered at the city council meeting on March 27, 2016. Todd Obadal, 124 Amity Drive, commented on the recycling refund request considered at the city council meeting on March 27, 2016 and asked that council consider outsourcing recycling services. Mayor and Council Monthly Reports Commons and Friendship Village. Mr. Amos shared that two businesses are having grand openings in Waterloo and noted that Harold's Chicken will be opening tomorrow. Mr. Morrissey invited everyone to attend the Honor Flight Fundraiser at Electric Park Ballroom on Saturday, April 8, 2017, where he will be performing as Sony Bono, along with Marcia Buttgen as Cher. 146237 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146238 - 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 April 3, 2017, in the amount of $2,474,802.46, 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. 2017-233. 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 instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-234. 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 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Funds, for the Waterloo/Cedar Falls (HOME) Consortium. Resolution adopted and upon approval by Mayor assigned No. 2017-235. 4. Resolution 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. Resolution adopted and upon approval by Mayor assigned No. 2017-236. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-237. Services. Resolution adopted and upon approval by Mayor assigned No. 2017-238. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-239. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-240. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-241. 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. Resolution adopted and upon approval by Mayor assigned No. 2017-242. b. Motion to approve the following: 1. 2. a. b. c. a. b. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Jon Martin, Rehabilitation Specialist Foundation in HUD Environmental Review Denver, CO April 24- 28, 2017 $1,825.00 Matt Chesmore, Rehabilitation/Relocatio n Specialist Foundation in HUD Environmental Review Denver, CO April 24- 28, 2017 $1,825.00 Inv. Pohl 2017 National Cyber Crime Conference Norwood, MA April 23- 27, 2017 $2,633.00 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 *OWNERSHIP UPDATE* C Liquor New 2/28/2018 X Casey's General Store #2879, 3260 University A _ _ _ ate l"I�t TA 11'�T C'IT T11l C Beer Renewal 4/18/2018 X e. f. g. h. J's R&B Lounge, 501 Independence Avenue C Liquor Renewal 4/6/2018 X SACS Neighborhood Pub, 2000 Hawthorne Avenue C Liquor w/Outdoor Service Renewal 1/31//2018 X Sunnyside Country Club, 1600 Olympic Drive *OWNERSHIP UPDATE* A Liquor Renewal 4/13/2017 X Waterloo Softball Association, 1139 Josephine Street B Beer w/Outdoor Service Renewal 4/16/2018 X 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned item 1A9, if a waiver like this could benefit the home owner on Hawthorne with the driveway issue. Eric Thorson, City Engineer explained that the individual on Hawthorne already has a waiver form on file and that situation does not relate to this waiver. PUBLIC HEARINGS 146239 - Schmitt/Welper that proof of publication of notice of public hearing on 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, as published in the Waterloo Courier on March 24, 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, requested an explanation of the ordinance changes. Aric Schroeder, City Planner, provided an overview of the changes in the ordinance. 146240 - Schmitt/Amos that the hearing be closed and oral comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146241 - Schmitt/Amos that "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", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146242 - Schmitt/Amos Aric Schroeder explained that the changes are not on a critical timeline. 146243 - Lind/Amos that proof of publication of notice of public hearing on sale and conveyance of city owned property located at 718 Kern Street, in the amount of $80,000, to Leeca Jones, as published in the Waterloo Courier on March 24, 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. 146244 - Lind/Schmitt that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146245 - Lind/Schmitt that "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, be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Rudy Jones, Community Development Director, explained that the city acquired the property from Wells Fargo Bank and that they believed it was an appropriate property for rehabilitation and sale to a family. Mr. Schmitt questioned the process to determine the property was suited for this procedure. Rudy Jones explained that a realtor was hired to market the property and to ensure that interested buyers met the criteria. Resolution adopted and upon approval by Mayor assigned No. 2017-243 146246 - Welper/Morrissey that proof of publication of notice of public hearing on 2017 Spring Stump Removal Project, 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 and there were none. 146247 - Welper/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146248 - 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. 2017-244. 146250 - Welper/Morrissey Motion to receive and file and instruct City Clerk to read bids and refer to Director of Leisure Services for review. 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 Voice vote -Ayes: seven. Motion carried. 146251 - Amos/Lind that proof of publication of notice of public hearing on FY 18 Police vehicle equipment needs, 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 and there were none. 146252 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146253 - Amos/Morrissey that "Resolution confirming approval of bid documents, specifications, form of contract, estimate of costs, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-246. 146254 - Amos/Morrissey that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-247. 146255 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. 146256 - Amos/Morrissey that "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. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-248. 146257 - Lind/Amos that proof of publication of notice of public hearing on Replacement of fuel pump dispensers at the City fuel distribution site, as published in the Waterloo Courier on March 24, 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. 146258 - Lind/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146259 - Lind/Amos 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. 2017-249. 146260 - Lind/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-250. 146261 - Lind/Amos Motion to receive and file and instruct City Clerk to read bids and refer to Public Works Director for review. Estimate: $60,000 Bidder Bid Security Bid Amount Dick's Petroleum Company Tripoli, IA $1 643.71 Check #055568 $40 576.53 Acterra Group Marion IA o 5 /o $47,800.00 Central Petroleum Equipment Blue Grass, IA 5% $45,015.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 146262 - Morrissev/Welper Resolution adopted and upon approval by Mayor assigned No. 2017-251. 146263 - Morrissey/Welper that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-252. 146264 - Schmitt/Welper that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-253. 146265 - Schmitt/Welper that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-254. 146266 - Lind/Amos that "Resolution approving an agreement for Animal Control Services between the University of Northern Iowa Department of Public Safety and the City of Waterloo, be adopted. Roll call vote - Ayes: Seven. Motion carried. Mr. Lind questioned if the contract will charge the same amounts as are charged to Cedar Falls. Sandie Greco, Superintendent of Traffic, confirmed the amounts are the same. David Dryer, 3145 W. 4th Street, questioned if additional employees are needed for the contract. Sandie Greco explained that additional employees will not be needed to execute the contract. Resolution adopted and upon approval by Mayor assigned No. 2017-255. 146267 - Lind/Amos that "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", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-256. 146268 - Morrissey/Powers replacement of the windows. Mr. Schmitt commented that he received an email from a downtown property owner which mentioned that a councilmember had said that all downtown business people were opposed to the canopy repairs. He further explained that he had personally received more opposition than support. Resolution adopted and upon approval by Mayor assigned No. 2017-257. ORDINANCES 146269 - 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 second time. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director, requested that the second reading be approved tonight and that item sixteen, Request by Roger Kalsem for the preliminary plat of Kalsem's Second Addition, be tabled for one week to coincide with the third reading. Mr. Lind questioned the request from the Community Planning and Development Director. Noel explained that there are few details in the preliminary plat that need another week to complete. 146270 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Zero. Nays: Seven (Morrissey, Powers, Lind, Amos, Schmitt, Welper, Jacobs). Motion failed. 146271 - Amos/Welper that "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", be received, placed on file, considered and passed for the first time. 146272 - Powers/Schmitt to table for two weeks to allow for a work session for further discussion. Roll call vote -Ayes: Seven. Motion carried. Aric Schroeder, City Planner, recommended having one week between the work session and the hearing. Mayor Hart commented that the item will be back on the April 24th agenda. OTHER COUNCIL BUSINESS 146273 - Lind/Amos that "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.", be adopted. 146274 - Lind/Amos that the Council adjourn at 6:59 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk City of Waterloo Finance Committee Open Invoice Report For April 10, 2017 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, April 07, 2017 EFT Transactions: Add: Wellmark Weekly Claims Add: Wellmark Additional Monthly Claims 841,345.60 135,394.73 27,616.15 (Subtotal - as of Monday, April 10, 2017 1,004,356.48 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll I Bill Payment Total - Monday, April 10, 2017 33, 936.03 1,987.10 Payment to Council members or related entities: 1,040,279.61 1 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid document, form of contract etc., and setting date of bid opening as April 27, 2017 and date of public hearing as May 1, 2017 for the purchase of one (1) Salt Brine Blender and instruct City Clerk to publish said notice. City Council Meeting: 4/10/2017 Prepared: 3/27/2017 REVIEWERS: Department Public Works Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer Rice, Mark Even, LeAnn Action Approved Approved D ate 3/27/2017 - 11:43 AM 3/27/2017 - 2:15 PM Resolution approving preliminary specifications, bid document, form of contract etc., and setting date of bid opening as April 27, 2017 and date of public hearing as May 1, 2017 for the purchase of one (1) Salt Brine Blender and instruct City Clerk to publish said notice. Submitted By: Mark Rice, Public Works Director Recommend Approval This purchase is to replace home-made brine maker which is no longer serviceable and non -repairable due to excessive corrosion. This need was recognized and funded as part of the 415 GO Bond Equipment Replacement Program. Estimate: $55,000 415-19-7100-2117 The City has never had a brine making filling station which can be accurately relied upon to deliver the optimum 23% salt concentration. The existing "home -built" system, is no longer operational due to corrosion. The storage tanks presently in use remain serviceable and can be re -used. Page 19 of 159 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid document, 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 two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. City Council Meeting: 4/10/2017 Prepared: 3/28/2017 REVIEWERS: Department Public Works Department Clerk Office SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer Rice, Mark Even, LeAnn Action Approved Approved D ate 3/28/2017 - 10:23 AM 3/28/2017 - 11:14 AM Resolution approving preliminary specifications, bid document, 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 two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. Submitted By: Mark Rice, Public Works Director Recommend Approval. The purchase of two compact pickup trucks supports the Engineering Department on -street construction oversight process. This purchase replaces 2002 and 2004 model equipment. Replacement of these two vehicles was programmed in the 2017 Capital Equipment Replacement Program. Estimate: $50,000. 415-07-7830-2117 416-07-7830-2117 The purchase of two compact pickup trucks supports the Engineering Department on -street construction oversight process. This purchase replaces 2002 and 2004 model equipment. Replacement of these two vehicles was programmed in the 2017 Capital Equipment Replacement Program. Page 20 of 159 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as April 24, 2017, for the sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. in the amount of $1.00, and approving Development Agreement and Offer to Purchase, and directing City Clerk to publish said notice. City Council Meeting: 4/10/2017 Prepared: 4/5/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Kwik Trip Offer to Purcahse SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Approved Type Cover Memo D ate 4/5/2017 - 11:04 AM 4/5/2017 - 12:15 PM Resolution setting date of public hearing as April 24, 2017, for the sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. in the amount of $1.00, and approving Development Agreement and Offer to Purchase, and directing City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planing & Development Director Set date of hearing to approve Offer to Purchase As you may recall, the rezoning of land for Kwik Trip, Inc. (stores known in Iowa as Kwik Star) down at the "red barn" on Highway 63 south was denied for a new fuel blending station. Kwik Trip, Inc. has been searching for a new site to construct their first blending station location in Iowa. Staff has been working to gain this new business development in Waterloo. The site west of Denso, per the Offer to Purchase, is city -owned property that was acquired for industrial development. The proposed Offer to Purchase would include a Development Agreement (Item 6.9) for the construction of the fuel blending station. Not applicable for this agreement. However the City will need to extend sewer to the site. NA. Note above - there is existing bond funds (to be repaid with TIF) for the sewer extension. Economic Development Page 21 of 159 Alternative: Background Information: Legal Descriptions: Not approve The City acquired the roughly 26+ acres of land in this area for the Denso project and future industrial projects. This Kwik Trip, Inc. project would appear to be a good industrial fit for the area, and work to bring a new type of industry/business to the community. Kwik Trip has been a very good partner in development throughout the Waterloo community, and this being their first Iowa blending station bodes well for future partnerships for more private investment in Waterloo. The sewer was extended to serve Denso, but at their southeastern corner. The City has planned to eventually extend sewer to serve the entire site in previous years, but now has a project to move that ahead. Being surveyed. (Roughly 4 acres). Page 22 of 159 OFFER TO PURCHASE Kwik Trip, Inc., a Wisconsin corporation, with offices at 1626 Oak Street, La Crosse, Wisconsin 54603 or its assigns ("Buyer") offers to purchase from the City of Waterloo, an Iowa municipality, with offices located at 715 Mulberry Street, Waterloo, Iowa 50703 ("Seller") certain real estate located on Ridgeway Avenue, Waterloo, Iowa (a portion of Parcel No. 8913-32-476- 010), as generally depicted and described on attached Exhibit A (the legal description of which shall be verified by Buyer's survey after Seller completes the subdivision to create the Property), together with easements, access rights, and privileges appurtenant thereto, and rights, title and interest in and to any land lying in the bed of any adjoining road or alley ("Property"), on the following terms and conditions. If this Offer is not accepted on or before April 25, 2017, this Offer shall become null and void. Upon acceptance of this Offer by Seller and Buyer, this Offer shall constitute an agreement for the purchase and sale of the Property ("Agreement") on the following terms and conditions: 1. PURCHASE AND SALE OF PROPERTY. 1.1 Property. Seller will validly sell and deliver to Buyer, by special warranty deed, free and clear of all defects, liens and encumbrances, except for current taxes not yet delinquent, and Buyer will accept and acquire at Closing, the Property. 1.2 Purchase Price for Real Property. (a) Amount and Payment. The purchase price for the Property shall be One and 00/100 Dollar ($1.00) ("Purchase Price"), which shall be payable at Closing. (b) Closing Adjustments. (i) Real estate taxes shall be prorated as of the Closing Date. If tax bills for the year of the Closing Date are not available as of the Closing Date, such proration shall be based upon the tax bills for the calendar year immediately preceding the calendar year in which the Closing Date occurs; and (ii) All utility charges, if any, for the Property shall be metered as of the Closing Date and paid by Seller on or immediately after the Closing Date without the requirement of proration. Utility charges which cannot be so metered shall be prorated on the basis of the last period for which a statement is available. 1.3. Personal Property. There is no personal property included in the sale. 2. NO ASSUMPTION OF LIABILITIES. BUYER DOES NOT ASSUME AND SHALL NOT BE LIABLE FOR ANY OF SELLER'S OBLIGATIONS OR LIABILITIES OF ANY NATURE WHATSOEVER, AND THE SAME SHALL CONTINUE TO BE THE RESPONSIBILITY OF SELLER. Page 23 of 159 3. WARRANTIES OF SELLER. Seller warrants to Buyer and agrees that: 3.1 Compliance. Seller will comply with all applicable laws as may be required for the valid and effective transfer of the Property to Buyer. 3.2 Absence of Consents, Liabilities and Litigation. No consent or authorization is required for the consummation by Seller of the transactions contemplated hereby. There is no lease, agreement, mortgage, financing statement, security agreement or other instrument to which Seller is a party and by which the Property is subject or bound. There is no liability, order, judgment, stipulation, consent decree or obligation of any kind whatsoever to which the Property will be subject following consummation of the transactions contemplated hereby. There is no legal proceeding or investigation pending or threatened against Seller or the Property, which could materially and adversely affect it, nor has Seller committed any act which could give rise to any such legal proceeding or investigation. 3.3 Property. (a) Title. Seller will have, as of the Closing Date, good and marketable title to and undisputed possession of the Property. Seller's title will be as of Closing Date free and clear of all defects, liens, and encumbrances not approved by Buyer in writing, including, without limitation, all claims of parties in possession, unpaid taxes and special assessments, easements, rights-of-way, mortgages, judgments, encumbrances, leases, tenancies, franchise agreements, restrictive covenants, encroachments, party wall agreements, mineral interests, or other matters not acceptable to Buyer. Seller's title has not been disputed and no person or entity has any option to purchase, contract for the purchase of, or claim to or against the Property for any reason whatsoever. (b) Quantity. The Property consists of approximately 175,000 square feet, all of which is located outside of adjacent streets. (c) Condition. There are no underground storage tanks or wells located on the Property. There is no solid waste located on the Property. (d) Matters Affecting the Property. Seller has no notice or knowledge of: (i) actions, corrective actions, special proceedings, bankruptcies or probate proceedings affecting the Property; (ii) any planned or commenced public improvements which may result in special assessments or otherwise materially affect the Property; (iii) any order requiring any repairs to or corrections of any existing conditions of the Property; (iv) any violation of any subdivision, land use, zoning, building or environmental laws or governmental requirements affecting the Property or the ownership, occupancy or use thereof or the proposed use and development of the Property thereof by Buyer; (v) any planned or pending condemnation with respect to the Property or any part thereof; or (vi) any spill, overfill, release or leak incident from any underground storage tank impacting or which may impact the Property and/or adjacent ground water. No structures situated on adjacent properties encroach onto the Property. A right of access exists to, and the Property extends to the street line of all adjacent streets. Adequate governmental authority exists to maintain the access to public streets currently existing from the Property. All bills and charges for work, labor and services rendered and materials furnished in the improvement of the Property have been paid and no person or entity has filed or has a right to file a mechanic's lien therefor. The Property is not located within a flood plain. Seller has no 2 Page 24 of 159 notice or knowledge of any accumulation in or about the Property and adjacent groundwater of: (i) petroleum, PCBs, asbestos, urea formaldehyde or any hazardous waste or toxic, pollutant, contaminant or other substance regulated by any state or federal statute including the Solid Waste Disposal Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9601), the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6901) or the Toxic Substance Control Act (15 U.S.C. Sec. 2604) or by any other statute, rule, regulation or order of any governmental agency having jurisdiction over the control of such substances or wastes; or (ii) other substances of public health concern. 3.4 Warranties True at Closing; Survival of Warranties. Each of the warranties of Seller set forth herein or in any exhibit or instrument delivered pursuant hereto shall be true and correct on the Closing Date as if made again on and as of the Closing Date, shall be effective regardless of any investigation that may have been or may be made by or on behalf of Buyer, and shall survive the Closing Date. 4. CLOSING DATE. Closing shall take place one hundred eighty (180) days from Buyer's receipt of the ALTA survey as set out in Section 5.3 herein, or at such other time as shall be mutually agreed upon. The date and event of closing are, respectively herein referred to as "Closing Date" and "Closing". Closing shall be held via mail through the Title Company or such other place as shall be mutually agreed upon. 5. COVENANTS OF SELLER. 5.1 Conduct Pending Closing Date. Seller agrees to provide Buyer with full access to examine the Property. Seller shall furnish Buyer with copies of all deeds, restrictive covenants, easements, financing statements, lis pendens, leases, agreements, mortgages, security agreements or other instruments to which Seller is a party and/or by which the Property is subject or bound. Seller shall advise Buyer fully as to any agreements, leases or tenancies not in writing affecting the Property. Pending Closing, Seller agrees to cooperate with Buyer in obtaining the permits, approvals and licenses necessary for Buyer's ownership and operation of the Property. 5.2 Title Insurance. Seller shall provide to Buyer an updated abstract of the Property within thirty (30) days from acceptance of this Offer. Buyer shall obtain a commitment to issue an ALTA Form 2006 owner's title insurance policy. All expense incurred in obtaining such commitment and in paying the premium charge for the final title policy shall be paid by Buyer. Such title commitment shall show good and marketable title to the Property in Seller subject only to exceptions or encumbrances acceptable to Buyer. Should Buyer notify Seller in writing of any title matters (exceptions to title or exclusions from title) not acceptable to Buyer ("Title Defect"), Seller shall utilize its best efforts to correct such title matters. Seller shall have thirty (30) days from delivery of Buyer's notice to have such title matters removed from the title commitment and/or to have the title insurance company commit to insure against any loss or damage which may arise or result from such title matters, and in such event, Closing shall be forty-five (45) days after delivery of Buyer's notice or the Closing Date, whichever is later. If Seller is unable to correct such title matters within the appropriate thirty (30) day period, Buyer may, at its option, take all necessary action to do so. Buyer shall have all necessary time to correct such title matters provided Buyer proceeds with reasonable diligence. If Buyer is unable to correct such title matters or opts not to attempt to do so, Buyer may in its sole discretion terminate this Agreement without any liability by written notice to Seller. 3 Page 25 of 159 5.3 Survey; Certification. (a) Seller will provide Buyer with all surveys of the Property in its possession. Buyer may at its option, obtain an updated survey of the Property, and Seller agrees to cooperate with Buyer in obtaining such survey. All expenses incurred in obtaining such survey shall be paid by Buyer. Such survey shall be prepared in accordance with the Minimum Standard Detail Requirements for Land Title Surveys as adopted by the American Title Association and the American Congress on Surveying and Mapping in 2016, and shall include a proper and complete legal description of such Property and shall show: (i) external boundaries of such Property and the length and direction of each dimension; (ii) access to and names of the nearest or adjacent public roads; (iii) the locations of all recorded easements; (iv) the locations of any flood plains; (v) the legal description and street address of such Property and the number of square feet within such property; (vi) setback requirements; (vii) physical encroachments onto such Property and from such Property onto adjacent property; (viii) the locations of monuments at corners; (ix) the locations of all improvements; (x) the locations of all utilities and if they have not been extended to the boundary of such Property, the nearest point from which they could be extended to such Property; (xi) the locations of all concrete pads, stand pipes, vent pipes and filler pipes; (xii) the topography of the Property at two foot intervals; and (xiii) other information necessary or required by the title company to remove the "survey" exception in the title commitment; (b) The survey described above shall contain a certification by the surveyor to Buyer and all those who may purchase, take a mortgage on or insure title to the Property described therein within one (1) year from the date of said survey that (i) the information, courses, and distances shown are correct, (ii) the title lines and lines of actual possession are the same, (iii) the size, location and type of buildings and improvements are as shown and all are within the boundary lines and applicable setback lines of such Property, (iv) there are no violations of zoning ordinances or restrictions with reference to the location, size or height of said buildings and improvements, (v) there are no easements or uses affecting such Property appearing from a careful inspection of the same, other than as shown on the commitment of title insurance described in Section 5.2 hereof and depicted thereon, (vi) there are no encroachments affecting such Property except as shown on the survey, and (vii) no part of such Property lies within a flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only). 5.4 Transfer Fees. Seller shall be responsible for and shall pay all state transfer fees and/or deed taxes imposed with respect to the transfer of the Property to Buyer. 5.5 Nonforeign Affidavit. Seller shall deliver to Buyer at Closing Seller's affidavit that Seller is not a foreign person, foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in and in accordance with the Internal Revenue Code of 1986, as amended, and the applicable regulations promulgated thereunder). 5.6 Further Instruments. On Closing Date, or thereafter if necessary, Seller shall, without cost or expense to Buyer, execute and deliver to or cause to be executed and delivered to Buyer such further instruments of transfer and conveyance as Buyer may reasonably request, and take such other action as Buyer may reasonably require to carry out more effectively the sale and transfer of the Property contemplated by this Agreement and to protect the right, title and interest of Buyer in and enjoyment by Buyer of the Property. 4 Page 26 of 159 6. MUTUAL COVENANTS AND WARRANTIES. 6.1 Special Assessments. Special assessments, if any, for work on the site of the Property commenced and any areawide assessments or charges for work plans adopted prior to or on Closing Date shall be paid by Seller. Special assessments, if any, for work on such site of the Property commenced after Closing Date, shall be paid by Buyer. Seller shall pay any agricultural penalty/back taxes on the Property which are due and payable through the Closing Date. 6.2 Eminent Domain. If all or any portion of the Property or points of access thereto are condemned by public or quasi -public authority prior to Closing, Seller immediately shall notify Buyer thereof and of the portion of the Property which shall have been condemned. Buyer may, in its sole discretion, terminate this Agreement without any liability by written notice to Seller within fifteen (15) days following notice of such condemnation. 6.3 Binding Obligation. Seller warrants to Buyer and Buyer warrants to Seller that this Agreement constitutes its valid and legally binding obligation enforceable against it in accordance with the provisions hereof. 6.4 Zoning. If the Property is not zoned for Buyer's operation of a truck terminal/self-fueling station at the time of Seller's acceptance of the Offer, Buyer will after such acceptance, file an application to have the Property so zoned, and Seller agrees to support Buyer's application for rezoning, to the extent not inconsistent with Seller's role as the zoning authority. All reasonable expense incurred in filing and processing such application for rezoning shall be paid by Buyer. 6.5 Specific Performance. Buyer shall have the right to specific performance, upon tender of payment by Buyer, of each of the agreements and obligations of Seller to be performed hereunder by Seller, in addition to all other remedies Buyer may have at law or in equity. 6.6 Property Testing. Buyer, at Buyer's expense, may enter upon the Property to conduct such tests and make such examinations, including soil, boring and environmental tests, as Buyer deems necessary. In the event the results of tests or examinations conducted by Buyer or Buyer's representative(s) do not verify that there is no accumulation in or about the Property or adjacent groundwater of petroleum, PCBs or any hazardous waste or toxic pollutant, contaminant or other substance regulated by any state or federal statute including Solid Waste Disposal Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601), the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6901) or the Toxic Substance Control Act (15 U.S.C. Sec. 2604) or by any other statute, rule, regulation or order of any governmental agency having jurisdiction over the control of such substances or wastes, or other substances of public health concern, or if Seller acknowledges that the Property is contaminated by any such waste or substances, Buyer may in its sole discretion, terminate this Agreement. 6.7 Indemnity by Buyer. Buyer agrees to indemnify, defend and hold City harmless from and against any and all claims, demands, actions, causes of action, costs, fees, expenses, and liabilities of any type or nature, including but not limited to reasonable attorneys' 5 Page 27 of 159 fees, whether sounding in law or equity, in tort or contract, arising out of the activities of Buyer, its employees, agents or contractors, upon the Property before Closing. Buyer's rights of access for the purposes described in Sections 5.1 and 6.6 are expressly made subject to the foregoing covenant of indemnity. The duties of Buyer under this paragraph shall survive the expiration or termination of this Agreement. 6.8 Seller's Work. Prior to Closing, the Property shall be surveyed by Seller to legally define the Property, and Buyer shall pay any and all costs/fees associated with the new plat of record. 6.9 Development Agreement. Prior to Closing, Seller and Buyer shall have entered into a mutually agreeable Development Agreement related to the Property. 7. TERMINATION OF AGREEMENT. 7.1 Causes. This Agreement, unless sooner terminated in accordance with the provisions hereof, may be terminated prior to Closing by: (a) mutual consent of the parties; (b) written notice from Buyer to Seller, if there has been a material misrepresentation or breach by Seller in the warranties or covenants of Seller set forth herein, or if any of the conditions set forth herein have not been satisfied or waived by Buyer in writing or Closing has not occurred by the Closing Date or the date of such notice, whichever is later; or (c) written notice from Seller to Buyer if there has been a material misrepresentation or breach by Buyer in the warranties or covenants of Buyer set forth herein. 7.3 Right to Proceed. If any of the conditions set forth herein have not been satisfied, Buyer may waive its rights to have such conditions satisfied and may proceed with the transactions contemplated hereby. 8. CONDITIONS. Each of the agreements and obligations of Buyer to be performed hereunder by Buyer are conditional on the satisfaction of the following conditions: 8.1 Acts to be Performed. Each of the agreements and obligations of Seller to be performed hereunder by Seller on or before the Closing Date shall have been duly performed. 8.2 Warranties True at Closing. Each of the warranties of Seller set forth herein or in any exhibit or instrument delivered pursuant hereto shall be true and correct on and as to Closing Date. 8.3 Absence of Changes and Litigation. There shall have been no material adverse change in the Property, and there shall not have been any occurrence, event, or set of circumstances, which might reasonably be expected to result in any such material adverse change before or after Closing Date. There shall be no proceeding or investigation pending or threatened against Seller or Buyer or affecting the Property which, in the reasonable judgment of Buyer, would make the consummation of the transactions contemplated by this Agreement inadvisable. 6 Page 28 of 159 8.4 Rezoning; Permits/Licenses; Curb Cuts; Easements. Within one hundred eighty (180) days from Buyer's receipt of the ALTA survey as set out in Section 5.3 herein ("Contingency Date"), Buyer shall have obtained on terms reasonably satisfactory to Buyer: (i) any rezoning of the Property for use as a truck terminal/self-fueling station and plat or replat approval in connection therewith; (ii) all permits, licenses, variances or approvals necessary for the lawful construction, operation and use of the Property as a truck terminal/self-fueling station and reasonable access thereto; (iii) any curb cuts necessary for adequate access to all adjacent streets; (iv) all easements for utilities, services and access necessary for the construction, operation, and use of the Property for a truck terminal/self-fueling station, (v) all utilities or services necessary for the construction, operation and use of the Property as a truck terminal/self-fueling station; and (vi) determination within Buyer's sole discretion, that the Property is economically viable for Buyer's intended development and use of the Property. 8.5 Due Diligence; Survey; Site Investigation. On or before the Contingency Date, Buyer shall have obtained: (i) a satisfactory outcome to its due diligence investigation with respect to the Property; (ii) a satisfactory survey and site investigation verifying Seller's warranties with respect to the Property; (iii) a satisfactory outcome to its soil, boring and environmental testing; and (iv) satisfactory evidence that the Property and the contemplated operation and use of the Property by Buyer as a truck terminal/self-fueling station complies with all applicable laws. 8.6 Instruments of Transfer. At least seven (7) days prior to Closing, Sellers shall have delivered to Buyer for review and approval, drafts of such instrument or instruments of transfer and conveyance regarding the Property of the nature hereinbefore specified. Once reviewed and approved by Buyer, all original signed documents shall be deposited with the Title Company to be held in trust until the Closing Date. 8.7 Survey. On or before the Contingency Date, Buyer shall have reviewed and approved of the survey as described in Section 5.3 hereof, which shall show, to the complete satisfaction of Buyer, with respect to the Property that: (i) there are no violations of zoning ordinances or any other restrictions with reference to the size, height or location of the buildings and other improvements located on the Property, including those to be constructed by Buyer; (ii) there are no easements, recorded or apparent, or other uses which adversely affect the Property or Buyer's use thereof; (iii) there are no encroachments onto the Property or of improvements on the Property onto adjoining land; (iv) the Property does not lie within a flood or Lakeshore erosion hazard area as shown on any map published by the Federal Emergency Management Agency, the U.S. Department of Housing and Urban Development or the Iowa Department of Natural Resources; (v) the Property is adequate, within Buyer's sole discretion, for its construction, operation and use as a truck terminal/self-fueling station; and (vi) no other condition exists which would unreasonably interfere with or restrict Buyer's use of the Property for the purposes for which it was intended or delay Buyer's development of the Property. Any nonconformity herewith shall be deemed a Title Defect as defined herein. 8.8 Title Insurance. On or before the Closing Date, Buyer shall have received and approved the title insurance commitment referred to in Section 5.2 hereof. 8.9 Seller's Work. Prior to Closing, the Property shall be subdivided and re -platted as set out in Section 6.8 herein. 7 Page 29 of 159 8.10 Development Agreement. Prior to Closing, Seller and Buyer shall have entered into a mutually agreeable Development Agreement as set out in Section 6.9 herein. Buyer may acknowledge satisfaction or waiver of any of the foregoing conditions, only by delivering written notice of satisfaction or waiver to Seller on or before the Contingency Date. If Buyer does not acknowledge in writing the satisfaction of one or more of the foregoing conditions (or otherwise waive the same in writing) on or before the Contingency Date, then this Agreement shall automatically be deemed to be null and void, without action required of either party and Buyer and Seller shall thereafter be released from any liability or obligation hereunder. Notwithstanding anything contained herein to the contrary, it shall be a condition of Buyer's obligation to close this transaction that (i) the representations and warranties made by Seller in Section 5 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time; (ii) Seller shall have complied with all of the terms and conditions contained in this Agreement; and (iii) the status and marketability of title shall have been established to Buyer's satisfaction in accordance with this Agreement. 9. NOTICES. Any notice required or permitted hereunder shall be in writing and shall be considered delivered in all respects when it has been delivered by hand or mailed via Federal Express or by certified mail to Buyer at its office or to Seller at his address first above written. 10. BROKERAGE. Seller and Buyer respectively warrant to each other that no person provided services as a broker or finder with respect to the transaction contemplated hereby. 11. MISCELLANEOUS. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein, and shall be binding upon the parties and their respective heirs, successors and assigns. There are no agreements or understandings between the parties other than those set forth herein or in a written instrument executed simultaneously herewith. This Agreement may be amended and any of the provisions hereof may be waived, only by a written instrument executed on behalf of all of the parties or, in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right to enforce that provision or any other provision hereof at any time thereafter. Time is deemed to be of the essence with respect to all of the provisions hereof. 8 Page 30 of 159 Executed as of -'LLL ' ( , 2017. BUYER: KWIK TRIP, INC. By: I Y, ovkirrucr Its: Ce_�vLi v O i r `� EC Accepted as of , 2017, and Seller acknowledges that upon such acceptance this Offer shall constitute an agreement for the purchase and sale of the Property on the foregoing terms and conditions. SELLER: CITY OF WATERLOO By: Quentin Hart Its: Mayor 9 Page 31 of 159 EXHIBIT A PROPERTY Ridgeview Avenue Waterloo, Iowa (a portion of Parcel No. 8913-32-476-010) See attached depiction and Black Hawk County Real Estate Assessment and Tax Information Sheet (The new legal description covering the Property shall be created upon Seller's recording of the new plat of record as set out in Section 6.8 herein) 10 Page 32 of 159 EXHIBIT A PROPERTY Ridgeview Avenue Waterloo, Iowa (a portion of Parcel No. 8913-32-476-010) See attached depiction and Black Hawk County Real Estate Assessment and Tax Information Sheet (The new legal description covering the Property shall be created upon Seller's recording of the new plat of record as set out in Section 6.8 herein) Page 33 of 159 Kwil1 Star Waterloo, Iowa Site in Question- 4 Acres 100 Year Floodplain L 5500Year kloodplain Zoning: M-2, P Planned Industrial District 400 200 0 400 Feet Note: Base map dela tomes is Biwk Howk County. MIN map does nanspre:entamavcy. m liability is ass:media the omm y ofthadote delineated herein, either expressed or implied by Bleak Hawk County, the Bleak Hawk Countymakes n. or -their employees. Inv City of Waterloo makes no ware*, express or a Implied, ante the accuracy of the nformaban shown on thb map, and expmaefy diecfelma lioblity for the maraca thereof. Usera.ahould refers official plata, ourveya, recorded dada, etc. bcated at the Black Hawk Calmly Aseasor o 0flbe fa complete modaccumto information. Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-32-479-010 Deed Holder 6Tax Mail to Address CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST TTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 PDF No, Map Area 1Contract Buyer 3 1NOTTLO-14 i Property Address 00000 00000-0000 Current Recorded Transfer Date Drawn Date Filed Recorded Type Document 6/3/2009 6/11/2009 12009 024074 1D SALES BUILDING PERMIT Date jAmount NUTC / Type None 5/18/2004 329,560 SALE TO/BY GOVERNMENT - PRIOR 109 / Contract ASSESSED VALUES/CREDITS (Year 2016 100% Value [Taxable Value 'Class 1A Land Multi -Residential Land 40,750 i0 !Dwelling Building Notal !Acres R 10 Co 140,76o [26.51 Land Multi -Residential Land 19,356 I 0 Dwelling GBuilding Total 0 0 19,356 ear lass 2015 100% Value axable 1Vaiue Land Multi -Residential Land go Dwelling 'Buildln liTotal Acres 10 147,410 126.51 Dwelling Building Total 0 147,410 47,410 10 Land Multi -Residential Land 147,410 0 Class Land E Multi -Residential Land 1Dwelling ;Building !47,410 0 !Total Acres 0 10 147,410 126.51 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891332476010 (1 of 3) [3/3/2017 8:06:04 AM] Page 35 of 159 Black Hawk County Detailed Parcel Report Taxable Value Land Multi -Residential Land 47,410 0 Dwelling 'Building "'Total _ _ 0 TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 ax 9 District . 140998 - WLOO MARTIN ROAD AGLAND TIF Value Taxable Valueil M ! itary Exemption Levy Rate I 'Gross corp 110 - 0 0 140.78414 $0.00 $0.00 tiocorp P 0 jo 26.18267 $0.00 Homestead Credit Disabled 'Property Tax eteran Credit Relief Credit Gross Tax Net Tax Corp Nocorp $0.00 $0.00 Credit Business Property Tax Credit $0.00 $0.00 $0.00 LEGAL rDSE EXC E 330 FT SEC 32 T 89 R 13 EXC RD AND EXC THAT PART PLATTED AS BROCK DITION LOT 1 2004-033271 Agricultural Land/CSR2 Class Acres ,Unit/Acres Units --- Adjustment Adjusted Units iota 0.6811166 5 - 0 66 36 Spill 7.11 06 38 0 Flag! 0.76 50 38 Spill 3.69 -195 80 29510295 99 Nevin 11.04 3.83 0 9 Flagl F5 pli 0 1211 Saude 4.18 60 251 0 1251 Sawmi 2.15 76 1163 47 10 0 163 147 Lawle 0.79 60 Lawle 0,49 i' 60 180 129 134 175 -6 22 Spill 0.42 1.37 26.51 -14 -16 20 59 Flagl Totals: 55 49 1344 1-38 1306 Entry Status: Inspected http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891332476010 (2 of 3) [3/3/2017 8:06:04 AM] Page 36 of 159 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as April 24, 2017, to approve the request by Mark White Construction on the behalf of Fusion Real Estate, LLC, for a site plan amendment to the "C -P" Planned Commercial District, to allow for the construction of an 12,000 square foot, indoor dance studio, with a 51 - stall parking lot, located north of 1730 West Ridgeway Avenue, and authorize the City Clerk to publish said notice. City Council Meeting: 4/10/2017 Prepared: 4/5/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Staff Report D Overview Map D Aerial Map D Fusion Rendering D Fusion Prints D Updated Site Plan D Application D Pictures SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 4/5/2017 - 9:32 AM 4/5/2017 - 2:35 PM Resolution setting date of public hearing as April 24, 2017, to approve the request by Mark White Construction on the behalf of Fusion Real Estate, LLC, for a site plan amendment to the "C -P" Planned Commercial District, to allow for the construction of an 12,000 square foot, indoor dance studio, with a 51 -stall parking lot, located north of 1730 West Ridgeway Avenue, and authorize the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by Mark White Construction on the behalf of Fusion Real Estate, LLC, to the "C -P" Planned Commercial District to allow for the construction of an 12,000 SF indoor recreation building with a 66 -stall parking lot, located northeast of 1844 West Ridgeway Avenue, and instruct City Clerk to publish notice. The "C -P" Planned Commercial District is intended and designed to Page 37 of 159 Summary Statement: provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of the basic principles of good land use planning be maintained and that sound zoning standards as set forth in the Zoning Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. The ideals of the Planned Commercial District stem from the Mixed Use Commercial categorization on the Future Land Use Map within the Comprehensive Plan. Mixed Use Commercial areas work to direct such developments into areas of transition from commercial to residential, based on current developments. Commercial uses will be compatibly designed to blend in with the built or planned environment, and shall incorporate the following elements into their design; building facade, landscaping, signage, screening, and site orientation and layout. The proposed structure shows numerous materials being used on the outside, which range from a flat metal wall panel system, split face concrete block, and ribbed metal wall system. It appears from the submitted building elevations, the flat metal wall panel system will be on portions of the west and south walls of the building, the split face concrete block on the west and south walls along with the proposed canopy and the ribbed panel systems will be on all four walls. There are two large windows on the west elevation, along with the entrance door, and three large windows on the south wall. The floor plan shows 4,848 SF of the building devoted to the 5 dance studios; 1,545 square feet dedicated to retail, customer lounges, and waiting rooms; and the remaining 5,607 SF of the building being devoted to restrooms, storage/mechanical, offices, and the employee lounge. It is also indicated on the building layout plan that it has an patron use area occupancy rating of 223 persons, and the Zoning Ordinance requires for places of assembly that there be one parking space for every four persons of the maximum occupancy, which in this case, would require 56 parking spaces. As mentioned 51 parking spaces are being shown, which is 5 fewer than required. The "C -P" Planned Commercial District allows for flexibility in the parking when approved as part of the Site Plan Amendment request. At tech review there was concern about parking since the classes held are usually 45 to 60 minutes so most parents wait for the children, however the applicant indicated that a significant amount of parent drop off and pick up their kids, so felt that the proposed parking would be more than adequate. There is also the possibility of adding parking to one side of the Provision Parkway once it is constructed. The site plan shows the proposed building having 30' side yard setback from the north property line and a 35' rear yard setback from the east property line. The setback requirements for the "C -P" district are that of the "C-2" district, which are 5' for the side yard setback, and 35' for the rear yard setback. The front of the building is well beyond the required 20' setback, and the south side of the building is approximately 70' from the southerly side property line. Also, at its highest, the building will be 18', well Page 38 of 159 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: below the maximum 48' height limit for the zoning district. The site plan submitted shows existing fire hydrants located at the north property line and south property line next to the sidewalk. They also show a proposed hydrant located on the south side of the building in front of the overhead door. The Planning, Programming and Zoning Commission unanimously recommended approval of the Site Plan Amendment at their April 4, 2017 meeting. N/A N/A Land Use and Economic Development N/A N/A Village West Subdivision, Lot 2, Waterloo, Black Hawk County, Iowa. Page 39 of 159 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: April 4, 2017 Request by Mark White Construction on the behalf of Fusion Real Estate, LLC for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of an 80' X 150' (12000 SF) commercial building and a 51 stall parking lot, located north of 1730 West Ridgeway Avenue. Mark White 625 Stephen Avenue Waterloo Iowa 50701 The applicant is requesting to construct the building to have a dance studio. The request would not appear to have a negative impact on the surrounding neighborhood or land use. Currently, there is an 18,000 SF building under construction at the northwest corner of West Ridgeway Avenue and Provision Parkway, just to the southwest and a 12,000 SF gymnastics studio under construction to the north of this site. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West Ridgeway Avenue, which is a 4 -lane roadway that is classified as a Minor Arterial. Currently, groundwork is done for Provision Parkway, however, it has not yet been paved. Once completed, the new road would be classified as a Local Street. Highway 63 is also a 1/2 mile to the west and is classified as a Principal Arterial. A 5' Portland Cement Concrete sidewalk is shown in front of the building paralleling Provision Parkway. As the subdivision develops, sidewalk will be further extended in the area. There is a recreational trail located to the south of the site in question along West Ridgeway Avenue that connects to the Sergeant Road Trail to the west along Highway 63. The area in question was rezoned from "R-3" Multiple Residence District, "R -3,C -Z" Conditional Zoning District, "R-4" Multiple Residence District, and "C-2" Commercial District to "C -P" Planned Commercial District on April 11, 2016. Surrounding land uses and their zoning designations are as follows: North — Future Blackhawk Gymnastics, zoned "C -P" Planned Commercial District, vacant development ground and single family uses along Jane Street, zoned "R-3" Multiple Residence District, "R -3,C -Z" Conditional Zoning District, "R -2,C -Z" Conditional Zoning District, and "R-2" One and Two Family Residence District. South — United Medical Park, zoned "R -4,C -Z" Conditional Zoning District. East — Waterloo Memorial Park Cemetery, zoned "R-3" Multiple Residence District. West — Existing commercial development and vacant development ground, zoned "C-2" Commercial District and "R-4" Multiple 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 PagePazijo of 159 DEVELOPMENT HISTORY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: April 4, 2017 Residence District. There are also large amounts of development land further west zoned agriculturally and industrially. The area is comprised of commercial and professional office development, with the recent development of a commercial strip center at 1850 West Ridgeway Avenue in 2015, which houses two restaurants, professional offices and a retail business. Currently, there is an 18,000 SF building under construction at the northwest corner of West Ridgeway Avenue and Provision Parkway along with a new gymnastics facility to the north. Directly across the street is United Medical Park, which was started in the late 1990s with multiple expansions and new buildings over the years. No buffers or screening would be required. If approved, the applicant will need to submit a storm water drainage and detention plan to the Engineering Department prior to issuance of any building permits, but the subdivision was designed to have a communal detention area to the west onTract B. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. There are no schools located within the nearby vicinity. The Katoski Greenbelt is located approximately 3/4 of a mile to the west along West Ridgeway Avenue. A sanitary sewer line is located in the center of Provision Parkway, a 8" waterline is located along the east side of Provision Parkway, and a storm sewer located west of Provision Parkway. An 18" storm sewer and 4" drain tile located within West Ridgeway Avenue, directly to the south of the site in question. The Future Land Use Map designates this area as Parks, Open Spaces, Schools, Airport, Government Facilities, Public Areas. The proposed use would not be in conformance with Future Land Use Map and Comprehensive Plan for this area. It should be mentioned that the abutting property owner did purchase land from the cemetery to the east, which was in conformance with the Future Land Use Map and Comprehensive Plan. The City of Waterloo is currently in the beginning stages of updating its Comprehensive Plan and it will be necessary to change the Future Land Use Map to reflect the change in the proposed land use of former cemetery land. The applicant is intending to construct a new 12,000 SF commercial building that will house a dance studio and a 51 -stall parking lot. 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 Page f of 159 April 4, 2017 The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of the basic principles of good land use planning be maintained and that sound zoning standards as set forth in the Zoning Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. The ideals of the Planned Commercial District stem from the Mixed Use Commercial categorization on the Future Land Use Map within the Comprehensive Plan. Mixed Use Commercial areas work to direct such developments into areas of transition from commercial to residential, based on current developments. Commercial uses will be compatibly designed to blend in with the built or planned environment, and shall incorporate the following elements into their design; building facade, landscaping, signage, screening, and site orientation and layout. The proposed structure shows numerous materials being used on the outside, which range from a flat metal wall panel system, split face concrete block, and ribbed metal wall system. It appears from the submitted building elevations, the flat metal wall panel system will be on portions of the west and south walls of the building, the split face concrete block on the west and south walls along with the proposed canopy and the ribbed panel systems will be on all four walls. There are two large windows on the west elevation, along with the entrance door, and three large windows on the south wall. The floor plan shows 4,848 SF of the building devoted to the 5 dance studios; 1,545 square feet dedicated to retail, customer lounges, and waiting rooms; and the remaining 5,607 SF of the building being devoted to restrooms, storage/mechanical, offices, and the employee lounge. It is also indicated on the building layout plan that it has an patron use area occupancy rating of 223 persons, and the Zoning Ordinance requires for places of assembly that there be one parking space for every four persons of the maximum occupancy, which in this case, would require 56 parking spaces. As mentioned 51 parking spaces are being shown, which is 5 fewer than required. The "C -P" Planned Commercial District allows for flexibility in the parking when approved as part of the Site Plan Amendment request. At tech review there was concern about parking since the classes held are usually 45 to 60 minutes so most parents wait for the children. There is the possibility of adding parking to one side of the Provision Parkway but that has not been determined yet. The site plan shows the proposed building having 30' side yard setback from the north property line and a 35' rear yard setback 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 PagePt, of 159 STAFF ANALYSIS — SUBDIVISION ORDINANCE: April 4, 2017 from the east property line. The setback requirements for the "C -P" district are that of the "C-2" district, which are 5' for the side yard setback, and 35' for the rear yard setback. The front of the building is well beyond the required 20' setback, and the south side of the building is approximately 70' from the southerly side property line. Also, at its highest, the building will be 18', well below the maximum 48' height limit for the zoning district. The site plan submitted shows existing fire hydrants located at the north property line and south property line next to the sidewalk. They also show a proposed hydrant located on the south side of the building in front of the overhead door. Lorie Glover from Black Hawk County Emergency Management expressed concern about the lack of safe emergency assembly space. The Planning, Programming and Zoning Commission unanimously recommended approval of the Site Plan Amendment at their April 4, 2017 meeting. There is no platting required for this request. STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment in the "C -P" Planned Commercial District be approved, for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is comprised of commercial and professional office development. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area. Subject to the following condition: 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 PagePat of 159 R -3,R -P City of Waterloo Planning, Programming and Zoning Commission April 4, 20117 —Black Hawk Creek Black Hawk Creek A-1 M -2,P ;IP B -P M-1 A-1 A-1 AH 1 IN Rn R-3 ■ AP 6 MAY -2 akvi - , 0 ■ nr Ir1I1l reaA IRE ••IO :... • • It 4 41 II NENE MEN TR I■n auk ■111 R -1,R - R -2,C -Z A-1 R-4 R-3-C'Z C-2 R-3 R=3-C'Z 1 41-1 ,AINI 4 MI1 10,,�� R -4,C -Z 41, i,,,,,,.. p���* A-1 (,,_4,,,t1L10 , A. ,a„„„ # wow 4 '" 47 , 7S III t ow:* , Nr all' 0 te R-4 4•� ■ •■ •■ ■ R-4 MARTIN F BYRNB R-1 • • C=1�C'z C -1 -R -4,C -Z R-41 i X R-3/ 114, R-1 R R-3 R-1, C -Z NE of 11730 West Ridgeway Avenue "C -P" Site Plan Amendment Mark White Construction Page 44 of 159 City of Waterloo Planning, Programming and Zoning Commission April 4, 2017 1730 West Ridgeway Avenue (Under Construction) —W-RIDGEWAYAVE NE of 173o West Ridgeway Avenue "C -P" Site Plan Amendment Mark White Construction Page 45 of 159 \ ' �. 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PER OCCUPANT ACTUAL FLOOR AREA OCCUPANT CALCULATION PER CODE RETAIL 60 255 5 STORAGE 104 300 157 1 STUDIO A 50 534 11 STUDIO B 50 534 11 SHI NUN 3 -AR( A000 A100 A101 A1fl9 1'-0" 9'-0" 10'-8" 9'-0" 50' - 8 3/4" 3' - MIRRORS 50' - 0 1/2" MIRRORS 7 1/4" MIRRORS HATCH INDICATES WALLS TO ROOF DECK ABOVE, INSULATE AND GYPSUM BOARD BOTH SIDES, FULL HEIGHT 44' - 4 3/4" MIRRORS STUDIO E 112 11 F 7 0 =z ~ O >w a > 0 o ti Z 0\ \ co)1 FOLDING PARTITION, ti SEE SPECIFICATIONS46. -11 1/2" STUDIO D 111 (1* FOLDING PARTITION, SEE SPECIFICATIONS co ti co ti CO ti N 7 1/4" CUBBIES AT LOCKER ROOMS TYPICAL, SEE ELEVATION 6 ON A100 7 1/4" 5'-0" 4'-1" 3 Al( 13' - 7 3/4" 7 1/4" 8' - 1" 7 1/4" °O 11' - 2" 3'-1" 109C MOP SINK ZD �109D) r 113 GIRLS �O 109E L a , 7 1/4"2. - 5 3/4' > Ozo z 00 EHD 7 1/4" 5'-0" 7 1/4" 8' - 0" ORRIDOR 21' - 0 3/4" 109 9' - 0" 10' - 8" 9' - 0" EXPOSED PEMB INSULATION SYSTEM F1 F1 RTU 1 F1 F1 GYPSUM BOARD @ 12'-0" EXPOSED PEMB INSULATION SYSTEM F1 F1 EXPOSED PEMB INSULATION SYSTEM F1 RTU 2 EXPOSED PEMB INSULATION SYSTEM RTU 3 F1 ACT @ 10'-0" 0 ACT @ 10'-0" -ACT @ 1 RTU 4 F1 - GYPSUM BOARD EXPOSED PEMB INSULATION SYSTEM F1 t @ 13'-0" ■■■■■■■■■■■■■■■■■■■■■ ■■■ =ammo ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ =ammo ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ ■■■ ■■■ ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ 1 ■■■...■■■■■■■■■■■■ ■■r ■■■■■■■■■■■■■■■■ ■___C1■■■ ■■■ E■■ 101 101 101 101 101 IktAl II IktAl IktAl ACT @ 10'-0" 101 GYPSUM BOARD @ 12'-0" GYPSUM BOA 1 ACT @ 13'-0" 1111111.11111111 I■■®■■■®■■■®■■■®■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■ ■■■ ■■■ ■■■ ■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ ■■■■® EXPOSED PEMB INSULATION ■■■■■■■ ■■®®■ SYSTEM ■■■■■■■■■■■■ 1111E111::111::111::: ■■I ■!M■ 1 MMIll ■11 i■ 1■■■N■■1 1■■■■ ■■■■■ ■■■ !!!! 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DOOR WIDTH HEIGHT THICK DOOR MATERIAL D T 100A 6' - 0" 7' - 0" 1 3/4" ALUM 100B 6' - 0" 7' - 0" 1 3/4" ALUM 102A 3' - 0" 7' - 0" 1 3/4" SCWD 102B 3' - 0" 7' - 0" 1 3/4" SCWD 103 3' - 0" 7' - 0" 1 3/4" SCWD 106A 3' - 0" 7' - 0" 1 3/4" SCWD 106B 6' - 0" 7' - 0" 1 3/4" SCWD 107A 3' - 0" 7' - 0" 1 3/4" IGHM 107B 3' - 0" 7' - 0" 1 3/4" SCWD 107C 27' - 3" 12' - 0" 3" 108A 6' - 0" 7' - 0" 1 3/4" ALUM 108B 6' - 0" 7' - 0" 1 3/4" ALUM 109A 6' - 0" 7' - 0" 1 3/4" SCWD 109B 3' - 0" 7' - 0" 1 3/4" SCWD 109C 3' - 0" 7' - 0" 1 3/4" SCWD 109D 3' - 0" 7' - 0" 1 3/4" SCWD 109E 3' - 0" 7' - 0" 1 3/4" SCWD 110A 3' - 0" 7' - 0" 1 3/4" IGHM 110B 24'-6" 12'-0" 3" 111A 3' - 0" 7' - 0" 1 3/4" IGHM 111B 24'-6" 12'-0" 3" 112 3' - 0" 7' - 0" 1 3/4" IGHM 114 3' - 0" 7' - 0" 1 3/4" SCWD 115 3' - 0" 7' - 0" 1 3/4" SCWD 116 3' - 0" 7' - 0" 1 3/4" SCWD 117 3' - 0" 7' - 0" 1 3/4" SCWD 119A 3' - 0" 7' - 0" 1 3/4" IGHM 119B 3' - 0" 7' - 0" 1 3/4" SCWD 120 3' - 0" 7' - 0" 1 3/4" SCWD 121A 3' - 0" 7' - 0" 1 3/4" IGHM 121B 3' - 0" 7' - 0" 1 3/4" SCWD 122 3' - 0" 7' - 0" 1 3/4" SCWD 123A 9' - 0" 9' - 0" 1 1/2" STL 123B 3' - 0" 7' - 0" 1 3/4" IGHM 123C 6' - 0" 7' - 0" 1 3/4" SCWD 123D 3' - 0" 7' - 0" 1 3/4" SCWD 124A 3' - 0" 7' - 0" 1 3/4" SCWD 124B 3' - 0" 7' - 0" 1 3/4" SCWD 125 3' - 0" 7' - 0" 1 3/4" SCWD 126 3' - 0" 7' - 0" 1 3/4" SCWD nMnTC• VERTICAL METAL SIDING A600 3 A600 METAL PANEL SYSTEM 2 A10 I-' 3 A200 Ell Ell Ell A100 MESPLIT FACE BLOCK 107 A200 A 10' - 0" T.O. MASONRY` CANOPY NOT SHOWN FOR CLARITY, SEE ELEVATION THIS PAGE TOP OF SLAE 0 ADDER. VERTICAL METAL SIDING 4 A600 3 A600 PROV DE CONCRETE SPLASHBLOCK AT EACH DOWNSPOUT 111111 11111 10' - 0' T.O. WINDOW 7' - 2' B.O. WINDOW JAMB DETAIL 1 1/2" = 1'-0" HIM CSHKKICK UN/CM 3/0 SHEATHING PREFINISHED EXTERIOR METAL PANEL SYSTEM ti _i ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC - FLAT 3 5/8" METAL STUD FURRING AT 16" ON CENTER* - 5/8" GYPSUM BOARD* , V„ 1,1 V I 3 \ SECTION DETAIL A600 \ 1 1/2" = ERI FYWTH STRUCTURAL ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC CANOPY, SEE A/A600 WALL ASSEMBLY: - PREFINISHED EXTERIOR METAL PANEL SYSTEM - AIR BARRIER OVER 5/8" SHEATHING - PEMB GIRTS - 6" METAL FRAMING AT 16" ON CENTER, FILL CAVI WITH BATT INSULATION - 1/2" AIR CAVITY 1 - FLAT 3 5/8" METAL STUD FURRING AT 16" ON CEI' - 5/8" GYPSUM BOARD OVER VAPOR BARRIER 11' - 0" T.O. TRANSITION 10' - 0" T.O. MASONRY A 3 600 1'-0" 9'-0" 10'-8" 9'-0" 50' - 8 3/4" 3' - MIRRORS 50' - 0 1/2" MIRRORS 7 1/4" MIRRORS HATCH INDICATES WALLS TO ROOF DECK ABOVE, INSULATE AND GYPSUM BOARD BOTH SIDES, FULL HEIGHT 44' - 4 3/4" MIRRORS STUDIO E 112 11 F 7 0 =z ~ O >w a > 0 o ti Z 0\ \ co)1 FOLDING PARTITION, ti SEE SPECIFICATIONS46. -11 1/2" STUDIO D 111 (1* FOLDING PARTITION, SEE SPECIFICATIONS co ti co ti CO ti N 7 1/4" CUBBIES AT LOCKER ROOMS TYPICAL, SEE ELEVATION 6 ON A100 7 1/4" 5'-0" 4'-1" 3 Al( 13' - 7 3/4" 7 1/4" 8' - 1" 7 1/4" °O 11' - 2" 3'-1" 109C MOP SINK ZD �109D) r 113 GIRLS �O 109E L a , 7 1/4"2. - 5 3/4' > Ozo z 00 EHD 7 1/4" 5'-0" 7 1/4" 8' - 0" ORRIDOR 21' - 0 3/4" 109 9' - 0" 10' - 8" 9' - 0" EXPOSED PEMB INSULATION SYSTEM F1 F1 RTU 1 F1 F1 GYPSUM BOARD @ 12'-0" EXPOSED PEMB INSULATION SYSTEM F1 F1 EXPOSED PEMB INSULATION SYSTEM F1 RTU 2 EXPOSED PEMB INSULATION SYSTEM RTU 3 F1 ACT @ 10'-0" 0 ACT @ 10'-0" -ACT @ 1 RTU 4 F1 - GYPSUM BOARD EXPOSED PEMB INSULATION SYSTEM F1 t @ 13'-0" ■■■■■■■■■■■■■■■■■■■■■ ■■■ =ammo ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ =ammo ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ ■■■ ■■■ ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ 1 ■■■...■■■■■■■■■■■■ ■■r ■■■■■■■■■■■■■■■■ ■___C1■■■ ■■■ E■■ 101 101 101 101 101 IktAl II IktAl IktAl ACT @ 10'-0" 101 GYPSUM BOARD @ 12'-0" GYPSUM BOA 1 ACT @ 13'-0" 1111111.11111111 I■■®■■■®■■■®■■■®■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■ ■■■ ■■■ ■■■ ■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ ■■■■® EXPOSED PEMB INSULATION ■■■■■■■ ■■®®■ SYSTEM ■■■■■■■■■■■■ 1111E111::111::111::: ■■I ■!M■ 1 MMIll ■11 i■ 1■■■N■■1 1■■■■ ■■■■■ ■■■ !!!! Mil' ■ __■ i ■ ACT @ 10'-0" ACT @ 10'-0" !IPI•! M: EE ®IAC]■■■D■■■D■■■■Illaringliiiiiiiirrrr3077 -, ■■1111■■■■■■■■■■■■■■■ mammmmokumomommikum ■■■■■■■■■■■■■■■■■■■■■ ■ACT @ 1 0" ■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■l�r�������.������� ■■■■■■■■■■■■■■■■■■■■■■■liuil t @ 13'-0" JAMB DETAIL 1 1/2" = 1'-0" 4 T < HEAD DETAIL rLILL rCRIIVIC I CR, DV 1 rl SIDES PREFINISHED VERTICAL SIDING DOOR AS SCHEDULED 5/8" GYPSUM BOARD OVER VAPOR BARRIER FLAT 3 5/8" METAL STUD FURRING AT 16" ON CENTER PEMB OPENING FRAMING PEMB INSULATION SYSTEM PREFINISHED VERTICAL SIDING PREFINISHED METAL FLASHING WITH DRIP ALUMINUM ENTRANCE FRAME, SEAL FULL PERIMETER, BOTH SIDES DOOR AS SCHEDULED A200 1 1/2" = AIR BARRIER OVER 5/8" SHEATHING FLAT 3 5/8" METAL STUD FURRING AT 16" ON CENTER PREFINISHED EXTERIOR METAL PANEL SYSTEM, SEAL EDGES PER MANUFACTURER'S REQUIREMENTS PREFINISHED METAL FLASHING , SLOPED TO DRAIN, WITH DRIP EDGE 5/8" GYPSUM BOARD OVER VAPOR BARRIER DOOR NO. DOOR WIDTH HEIGHT THICK DOOR MATERIAL D T 100A 6' - 0" 7' - 0" 1 3/4" ALUM 100B 6' - 0" 7' - 0" 1 3/4" ALUM 102A 3' - 0" 7' - 0" 1 3/4" SCWD 102B 3' - 0" 7' - 0" 1 3/4" SCWD 103 3' - 0" 7' - 0" 1 3/4" SCWD 106A 3' - 0" 7' - 0" 1 3/4" SCWD 106B 6' - 0" 7' - 0" 1 3/4" SCWD 107A 3' - 0" 7' - 0" 1 3/4" IGHM 107B 3' - 0" 7' - 0" 1 3/4" SCWD 107C 27' - 3" 12' - 0" 3" 108A 6' - 0" 7' - 0" 1 3/4" ALUM 108B 6' - 0" 7' - 0" 1 3/4" ALUM 109A 6' - 0" 7' - 0" 1 3/4" SCWD 109B 3' - 0" 7' - 0" 1 3/4" SCWD 109C 3' - 0" 7' - 0" 1 3/4" SCWD 109D 3' - 0" 7' - 0" 1 3/4" SCWD 109E 3' - 0" 7' - 0" 1 3/4" SCWD 110A 3' - 0" 7' - 0" 1 3/4" IGHM 110B 24'-6" 12'-0" 3" 111A 3' - 0" 7' - 0" 1 3/4" IGHM 111B 24'-6" 12'-0" 3" 112 3' - 0" 7' - 0" 1 3/4" IGHM 114 3' - 0" 7' - 0" 1 3/4" SCWD 115 3' - 0" 7' - 0" 1 3/4" SCWD 116 3' - 0" 7' - 0" 1 3/4" SCWD 117 3' - 0" 7' - 0" 1 3/4" SCWD 119A 3' - 0" 7' - 0" 1 3/4" IGHM 119B 3' - 0" 7' - 0" 1 3/4" SCWD 120 3' - 0" 7' - 0" 1 3/4" SCWD 121A 3' - 0" 7' - 0" 1 3/4" IGHM 121B 3' - 0" 7' - 0" 1 3/4" SCWD 122 3' - 0" 7' - 0" 1 3/4" SCWD 123A 9' - 0" 9' - 0" 1 1/2" STL 123B 3' - 0" 7' - 0" 1 3/4" IGHM 123C 6' - 0" 7' - 0" 1 3/4" SCWD 123D 3' - 0" 7' - 0" 1 3/4" SCWD 124A 3' - 0" 7' - 0" 1 3/4" SCWD 124B 3' - 0" 7' - 0" 1 3/4" SCWD 125 3' - 0" 7' - 0" 1 3/4" SCWD 126 3' - 0" 7' - 0" 1 3/4" SCWD nMnTC• VERTICAL METAL SIDING A600 3 A600 METAL PANEL SYSTEM 2 A10 I-' 3 A200 Ell Ell Ell A100 MESPLIT FACE BLOCK 107 A200 A 10' - 0" T.O. MASONRY` CANOPY NOT SHOWN FOR CLARITY, SEE ELEVATION THIS PAGE TOP OF SLAE 0 ADDER. VERTICAL METAL SIDING 4 A600 3 A600 PROV DE CONCRETE SPLASHBLOCK AT EACH DOWNSPOUT 111111 11111 10' - 0' T.O. WINDOW 7' - 2' B.O. WINDOW JAMB DETAIL 1 1/2" = 1'-0" HIM CSHKKICK UN/CM 3/0 SHEATHING PREFINISHED EXTERIOR METAL PANEL SYSTEM ti _i ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC - FLAT 3 5/8" METAL STUD FURRING AT 16" ON CENTER* - 5/8" GYPSUM BOARD* , V„ 1,1 V I 3 \ SECTION DETAIL A600 \ 1 1/2" = ERI FYWTH STRUCTURAL ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC CANOPY, SEE A/A600 WALL ASSEMBLY: - PREFINISHED EXTERIOR METAL PANEL SYSTEM - AIR BARRIER OVER 5/8" SHEATHING - PEMB GIRTS - 6" METAL FRAMING AT 16" ON CENTER, FILL CAVI WITH BATT INSULATION - 1/2" AIR CAVITY 1 - FLAT 3 5/8" METAL STUD FURRING AT 16" ON CEI' - 5/8" GYPSUM BOARD OVER VAPOR BARRIER 11' - 0" T.O. TRANSITION 10' - 0" T.O. MASONRY A 3 600 11 ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC TOP OF WALL TO RIDE IN METAL SLIP TRACK ACOUSTICAL CEILING TILE, ALT. WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC - 1/2" AIR CAVITY - 6" METAL FRAMING AT 16" ON CENTER - 5/8" GYPSUM BOARD PEMB GIRTS, VERIFY SPACING WITH PEMB MANUFACTURER ROOF ASSEMBLY: - PREFINISHED STANDING SEAM - PEMB PURLINS WITH PEMB INS - VAPOR BARRIER FABRIC 5/8" GYPSUM BOARD FURR COLUMNS WITH 3 5/8" METAL FRAMING AT 24" ON CENTER, FILL VOIDS WITH BATT INSULATION WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSUL, - VAPOR BARRIER FABRIC - PEMB METAL LINER PANEL PEMB GIRTS, VERIFY SPACING WITH PEMB MANUFACTURER 11 ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC TOP OF WALL TO RIDE IN METAL SLIP TRACK ACOUSTICAL CEILING TILE, ALT. WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC - 1/2" AIR CAVITY - 6" METAL FRAMING AT 16" ON CENTER - 5/8" GYPSUM BOARD PEMB GIRTS, VERIFY SPACING WITH PEMB MANUFACTURER ROOF ASSEMBLY: - PREFINISHED STANDING SEAM - PEMB PURLINS WITH PEMB INS - VAPOR BARRIER FABRIC 5/8" GYPSUM BOARD FURR COLUMNS WITH 3 5/8" METAL FRAMING AT 24" ON CENTER, FILL VOIDS WITH BATT INSULATION WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSUL, - VAPOR BARRIER FABRIC - PEMB METAL LINER PANEL PEMB GIRTS, VERIFY SPACING WITH PEMB MANUFACTURER X/ H c X1 H c w STANDING SEAM METAL ROOFING OVER CONTINUOUS ICE AND WATER SHIELD 1/4" / 1'-0" SHALL REMAIN THAT OF CONTRACTOR. PONSIBLE FOR COORDINATION BETWEEN AL, MECHANICAL, ELECTRICAL AND PLUMBING WORK CT OF ANY CONFLICTS AND/OR DISCREPANCIES. 1INATE VISIBLE DEVICES WITH ARCHITECT AND qOT INDICATE TEMPORARY REQUIREMENTS. NEED NG, TEMPORARY EARTH RETENTION, TEMPORARY EMPORARY MEASURES MAY BE INDICATED ON EAS AS SUGGESTIONS FOR CONTRACTOR'S )O NOT IDENTIFY ALL AREAS OR CONDITIONS kSURES. IT IS CONTRACTOR'S RESPONSIBILITY TO URES INDICATED ON DRAWINGS, IDENTIFY OTHER JIRING TEMPORARY MEASURES, DETERMINE MOST -EMS AND DESIGN AND CONSTRUCT TEMPORARY FROM STEEL DECK. FOR AN ASSUMED 1,500 PSF NET ALOWABLE BEARING SHALL INSPECT AND PERFORM TESTS TO VERIFY THE ARING PRESSURE AT FOUNDATION BEARING OL SERVICE SHALL NOTIFY STRUCTURAL ENGINEER ACTUAL ALLOWABLE BEARING PRESSURE IS LESS OR WHERE FOUNDATION ELEVATIONS MUST BE OPRIATE MATERIAL. CONSTRUCTION OF THE NOT PROCEED AT SUCH LOCATIONS UNTIL AN rION HAS BEEN REVIEWED AND ACCEPTED BY BE PLACED ON A VAPOR RETARDER OVER A MINIMUM DT GRADE NO. 11 COMPACTED TO A MINIMUM OF 95% 1BTAINED IN ACCORDANCE WITH ASTM D-1557, ). LGINEER FOR SLOPE OF EXCAVATION CUTS. AND CONCRETE AS SOON AS POSSIBLE AFTER DATION SYSTEM. OR AGAINST SUBGRADE MATERIAL CONTAINING PERMITTED IN CONCRETE EXCEPT WHERE THEY NORMALLY O( INDICATED. VERTICAL JOINTS SHALL OCCUR ONLY AT LOCATIC STRUCTURAL ENGINEER. 10. PREPARE JOINTS BY ROUGHENING THE SURFACE OF THE CON ACCEPTABLE MANNER SO THAT THE AGGREGATE IS EXPOSED LEAVING NO RESIDUE PARTICLES OR DAMAGED CONCRETE. 11. MAXIMUM SPACING FOR CONSTRUCTION OR CONTROL JOINTS SLAB—ON—GRADE SHALL BE 12.5 FEET IN EACH DIRECTION. WHE CONSTRUCTION AND CONTROL JOINTS SHALL OCCUR ALONG SEE ARCHITECTURAL DRAWINGS AND SPECIFICATIONS FOR JC SEALANTS. CONTRACTOR SHALL SUBMIT PROPOSED CONSTRI CONTROL JOINT LAYOUT AND DETAILS FOR ARCHITECT'S REVII ACCEPTANCE. 12. DO NOT CUT OR WELD REINFORCING STEEL WITHOUT PRIOR A STRUCTURAL ENGINEER. 13. PROVIDE REBAR CHAIRS FOR REINFORCING STEEL. PROVIDE P LONGITUDINAL SUPPORT BARS AS REQUIRED TO ASSURE PRO REINFORCING STEEL AND WIRE MESH. 14. DESIGN AND DETAILING OF FORMWORK AND SHORING SYSTEM RESPONSIBILITY OF CONTRACTOR. 15. DO NOT REMOVE FORMWORK PRIOR TO CONCRETE ATTAINING SPECIFIED 28—DAY COMPRESSIVE STRENGTH. 16. HEADED CONCRETE ANCHORS SHALL BE MANUFACTURED BY P WELDING CO., LORAIN, OHIO, OR OTHER MANUFACTURER ACCT STRUCTURAL ENGINEER. SEE DRAWINGS FOR DIAMETER AND INSTALLATION AND TESTING SHALL BE IN ACCORDANCE WITH P RECOMMENDATIONS. MATERIAL SHALL CONFORM TO ASTM Al 17. ENSURE FULL CONSOLIDATION OF CONCRETE AROUND DOWEL DEFORMED BAR ANCHORS, HEADED CONCRETE ANCHORS ANC ITEMS DURING CONCRETE PLACEMENT. 18. DO NOT INCREASE OR REDUCE INDICATED DEPTH OR THICKNE CONCRETE FRAMING MEMBER AT ANY POINT ALONG MEMBER INDICATED SLOPES. 19. SHOP DRAWINGS: SUBMIT SHOP DRAWINGS FOR FABRICATIOls OF WORK. INCLUDE DETAILS AND REQUIREMENTS FOR FOLLO' PERTINENT DATA: 19.1. REINFORCEMENT: DETAIL CONCRETE REINFORCEMENT AN MEETING REQUIREMENTS OF ACI 315, ACI 318 AND CRSI — STANDARD PRACTICE. 19.2. JOINTS: LOCATION AND DETAILS FOR CONSTRUCTION ANC \\- S1 (±0'-0") S3 a S1 (VERIFY ELEVATION WITH WOOD FLOOR SYSTEM) U NL U S3 11" 2 -n-1 L___ \\- S1 (±0' -CA\ U U F60x60 P12x22 F0-11°.- F19 1 n \\- S1 „ F30x30 (±0 -0) P12x12 1-01) U Cr) (/) �` o F19 o L _ 00 F60x60 P12x16 1/2" F60x60 -I P12x16 F33x40 P32x40, TYP. F25x25 P12x12, TYP. F30x30 P12x18 rn u_ F30x30 P12x18 F40x40 P18x22 N 6 S3 rn u_ (' cY) 1'-2" J E3 S3 EN N _ 1 S1 (SLOPE L \TODRAIN) • N LJ 15'-6" 4'-6" ,1 1 1 V 1 1- 1 1- 1\ 1 1 1- ./ 11- 1 1- 1\ 1 NI \ 1 1 - CATION OF 135° HOOK .HIN A HORIZONTAL PLANE ) THRU HEIGHT OF PIER S AT INDICATED SPACING. SCE FIRST SET OF TIES 1/2 OF INDICATED kCING ABOVE TOP OF JNDATION JOINTS FULL HT. OF rH SIDES OF WALL NUE HALF OF EINF. & JOINT /AY FULL HEIGHT NUE HALF OF =INF. AT JOINT PACED AT 30' ;ONRY JOINT ATIONS FOR T/SLAB • EL. SEE PLAN EXTEND TOP BARS 3'-0" BEYOND DEPRESSION T/FOOTING EL. SEE PLAN 1 72" MINIMIM Moo— III-III-III-III-III-III-III-III-III-III-I I 11 0 - 1'-0" UN -COMPACTED SCHEDULED FOOTING j8" j, GRANULAR FILL (7TYP. SECTION AT THRESHOLD AND STOOP S3 0 1 2 4 FROST SEE PL EXTEN- (2) #4 T AND BC CONCRETE ENCASED TENSION TIE ob T/SLAB • EL. SEE PLAN SCHEDULED PIER WALL BEYOND ob T/FOOTING • EL. SEE PLAN C� -tr =PI= ANCHOR RODS, COORDINATE REQUIREMENTS WITH PRE-ENGINEERED BUILDING MANUFACTURER. —III—III-III-III-III-III-I I I III=1 11=1 11=1 11=1 11=1 11=1 11= I ��ii�ii�ii� I I EXTEND WALL REINFORCING BARS THROUGH PIER 33 RD UYLANU I Un qug G wPARKHAVII ,CI LI] ¢ LU DR w. aLL O z MEAOVBROOK LN MARTIN RP 5 0 Cr 0 APR,_ ST cc0 MAY S- Q O co O o mPIONEERRD w Ltw ,,<<,-%, m v JANE ST -o\ 0 0 Z v W RIDGEWAY AV LI 1\¢�Jr �a 0 DEVONSH RE D PROJECT LOCATION KENTCIR gs, O� P ei. O aoca ITY MAP (N.T.S.) 4TION CONNECT TO EXISTING WATER MAIN CONNECT TO EXISTING SANITARY SEWER EXISTNG FIRE HYDRANT Py 10' SETBACK LINE s,(ci E( ISTNIG I WATER SERVICE �19'- 19'H —26'—I EXISTING SANITARY SERVICE C) � I L▪ 51 PARKING SPACES L5 • • • • • • R5' PROPOSED BUILDING 150 X 80 12.00 SQ. FT. —15'— —rri 4 R3 l J _L_ 9.50' 11.50'--I 9 h 9 EXISTING SUR 01 -IA GE STRUCTOlRE WFIF'_VC' 7' —FC ODS-- 87710 rr — PROPOSED FIRE HDRANT TI 10' SETBACK LIN APPLICATION SITE PLAN AMENDMENT TOA "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMM1NG, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment 1/ Individual. Building Minor change (check one) (Minor Change mustbe approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Addres . '4+-9_,Q40, tdd* J10,13hone: Fax: b Status of apple t: (a) Owner (b Other CHECK ONE): If other ex lain: k- . (,,i - C(,ts. ,0/A } 6 e c. Property owner's natne if i rferent t n above (please .print): ';1��v Address...324, n s P. Phone l�}-� y///, �:. Fax: City: fIs State: 7:1121_,3,,,,,_ Zip: _<-67/4 '3 City: State: 1 -4.c,), --Zip: 2. PROPERTY INFORMATION: a. General locationof site plan to be amended; b. Legal description: of property or portion to be amended: V J 1 %. • P.. -.-}C Li c. Dimensions of proposed site plan amendment:— n.S . d. Area of proposed site plan endinent: S e. Current zoning: f` f. Reason(s) for site plan amendment and proposed use(s):of property: 1...��z "�'i"rt✓c Q'� g. Conditions (if any) agreed to. (d not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please. Note: If applicant is not the owner of the property, the signature of the • owner must be secured, If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting.. process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by. the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that, all information on this request and submitted along with it is true and correct. All information submitted willbe 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-tbe property in i uestion in regards to the request. Kirby J. Baurngard, 14 Mar 2017 Chief Financial Officier -7 ,-- — 117' Fusion Real Estate, LLC Page 60 of 159 Site Plan Amendment Request - NE of 1730 West Ridgeway Avenue Looking north from West Ridgeway Avenue. Proposed Building Location Looking Northeast from West Ridgeway Avenue at where the new building would be constructed. Looking east along West Ridgeway Avenue where it intersects with Provision Parkway. 1730 West Ridgeway Avenue, which is currently under construction. Page 61 of 159 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY _2017_ BUDGETED 010Qo °-' EXPENDED YTD 5010,1 €l THIS REQUEST LEFT AFTER THIS REQUEST 23 /23& c6 DATE yylo 54411 Original - Clerk/Finance Co. be.artment NAME(S) AND POSITION(S): Inv. Frein & P.O. Roberts DATE April 4th, 2017 NAME OF CLASS / MEETING: Midwest Gang Investigators Association 2017 Conference DESTINATION Wisconsin Dells, Wisconsin DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 21St, 2017 Return Date: May 24th, 2017 DATE(S) OF MEETING: May 21-24, 2017 PURPOSE OF TRAVEL: Sgt. Rasmussen is requesting authorization to send Inv. Frein and P.O. Roberts to the 2017 Midwest Gang Investigators Association Conference in Wisconsin Dells, Wisconsin, on May 21-24, 2017. Both Frein and Roberts have applied for and received a scholarship to cover the registration cost and lodging. The only cost to the city will be meals and fuel. The conference will cover the following topics: Gang Tattoos, Gang Intel gathering and sharing, gang debriefing, national gangs and mafia, and motorcycle gangs. A city vehicle will be needed for this training. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $.00 LODGING .00 Car rental $346.00 MEALS .00 Shuttle/taxi $.00 REGISTRATION .00 AIRFARE $100.00 MILEAGE/FUEL .00 Baggage fee TOTAL FOR ALL: $ 464.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 232.00 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 DEPARTMENT H AD MAYOR DATE t'Vtb DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY _2017 BUDGETED 00 0 EXPENDED YTD 3 1. !v3' THIS REQUEST !, Sr;,3 e!- LEFT AFTER THISQ REQUEST /0,8WA DATE 4-6"-,2u/7 Original - Clerk/Finance Cosy - De•artment NAME(S) AND POSITION(S): Lf. Fangman DATE April4th, 2017 NAME OF CLASS / MEETING: Rights of Police Officers Seminar DESTINATION Las Vegas, Nevada DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: June 61h, 2017 Return Date: June 12,th, 2017 DATE(S) OF MEETING: June 7-9, 2017 PURPOSE OF TRAVEL: Captain Mohlis is requesting authorization to send Lt. Fangman to the Rights of Police Officers Seminar in Las Vegas, Nevada on June 7-9, 2017. The seminar will cover the following topics: Recent developments in Law Enforcement Labor Issues, Garrity Rule, Fair Labor Standards act, Just cause for Discipline and social media, collective bargaining and Freedom of speech and the right to privacy. Lt. Fangman is currently assigned to the Investigations division. Gr 17:-Fl6ewt l !s stryiaG t rnert .J s Ar— Nis owe,/ 6)c.106,06. Lobe/'I !s covict9 ,#3 f Q/or1f Svcei4C6. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE x AIRFARE DEPARTING FROM: Lowest airfare PRIVATE VEHICLE ESTIMATE OF COST: $.00 LODGING .00 Car rental $268.00 MEALS 100.00 Shuttle/taxi $595.00 REGISTRATION 500.00 AIRFARE $.00 MILEAGE/FUEL 100.00 Parking TOTAL FOR ALL: $ 1563.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 1563.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT �i--�C-7 DATE I APPROVE THIS TRAVEL REQUEST MAYOR DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED FY rail BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance 0i0 2,1 5—too /346 C/%SOS iis—/ 28(4' x/ '44 4,1 7/1141 s{-4-/7 Copy - De•artment NAME(S) AND POSITION(S): Brian Baker, Chief HVAC Inspector DATE: 3/31/2017 NAME OF CLASS / MEETING: 2017 IOWACE (Iowa Assoc. of Code Enforcement) Spring Conference DESTINATION DEPARTURE POINT IF NOT WATERLOO F} 1'tocna Loa DEPARTURE DATE: May 11, 2017 RETURN DATE: May 12, 2017 DATE(S) OF MEETING: May 11th & 12th, 2017 PURPOSE OF TRAVEL/TRAINING Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 125.00 LODGING 25.00 MEALS 135.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 285.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NO TOTAL: $ 285.00 REQUIRED CERTIFICATION PER PERSON I BELIEVE THIS TRIP SERVES A,PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WAT�.QQ j } DEPARTMENT HEAD 63,1 ?"- DATE ' DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR (,� vl /it)) DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED FY ?.UI % BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance 0/0 R,2 T /00 /3 4-L 975 17230 a50 0, g,2G9 41- 44-(1--/7 1' 44- /7 Copy - De•artment NAME(S) AND POSITION(S): Barry Stratton, Property Safety Inspector DATE: 3/31/2017 NAME OF CLASS / MEETING: 2017 IOWACE (Iowa Assoc. of Code Enforcement) Spring Conference DESTINATION Altoona, Iowa DEPARTURE POINT IF NOT WATERLOO DEPARTURE DATE: May 11, 2017 RETURN DATE: May 12, 2017 DATE(S) OF MEETING: May 11th & 12th, 2017 PURPOSE OF TRAVEL/TRAINING Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X YES NO COST $ METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 125.00 25.00 100.00 LODGING MEALS REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 250.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NO TOTAL: $ 250.00 REQUIRED CERTIFICATION PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEF,ICIQ► O THE CITY OF W ER DEPARTMENT HEAD 03.) DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR t\ DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY €20i/ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY o/d a 9 /3'k Svvd °� /300"-=— //,'.1 3vv /( 1 Co pY - Department NAME(S) AND POSITION(S): Keith Kaspari, Director of Aviation DATE: April5, 2017 NAME OF CLASS / MEETING: Cedar Valley Coalition — 2017 Visit to Washington, DC DESTINATION: Washington, DC. DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Monday, June 12, 2017 RETURN DATE: Wednesday, June 14, 2017 DATE(S) OF MEETING: Tuesday, June 13, 2017 PURPOSE OF TRAVEL: Meeting House and Senate members of Iowa's Congressional delegation, to impress upon them, the importance of Cedar Valley and Coalition priorities to include: Aviation funding, and aviation programs, Exs: Long -Term FAA Reauthorization Bill with annual increases in funding, Continuation of funding of the Essential Air Service program, Lifting the Cap on the Passenger Facility Charge, Etc. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo Regional Airport ESTIMATE OF COST: $700.00 LODGING $50.00 MEALS TAXI / DC $0.00 Metro Line $0.00 PARKING $0.00 REGISTRATION $550.00 AIRFARE $0.00 MILEAGE/FUEL $0.00 MISC/TOLLS TOTAL FOR ALL: $ 1,300.00 BUDGET LINE ITEM: 010 29 7700 1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 1,300.00 PER PERSON I BELIEVEITHIS TRIP SERVES A PUBLIC PURPOSE AND IS E ES : ARY AND BENEFICIAL TO THE CITY; F Ai E 00 DEPA MENT April 5, 2017 I APPROVE THIS TRAVEL REQUEST r-. MAYOR /(b (( K DATE DATE ared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO Council Communication Motion to receive and place on file the 2015 Operating Report of the Waterloo Water Works. City Council Meeting: 4/10/2017 Prepared: 3/30/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 3/30/2017 - 12:17 PM Clerk Office Even, LeAnn Approved 4/5/2017 - 9:32 AM ATTACHMENTS: Description Type D Operating Report -12_31_2015 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Motion to receive and place on file the 2015 Operating Report of the Waterloo Water Works. Submitted By: Matt Mahler, General Manager Receive and place on file the 2015 Operating Report of the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works approved the report at their regular Board meeting on March 22, 2017. No City funds are required for this action. The Waterloo Water Works pays for the cost of the report. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Background Information: Copies are provided for the Mayor, City Council, City Clerk and Chief F inanc ial 0 ffic er. Page 62 of 159 WATERLOO WATER WORKS 2015 OPERATING REPORT WATERLOO WATER WORKS Page 63 of 159 WATERLOO WATER WORKS 2015 ANNUAL REPORT TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO General Remarks I am pleased to present the Waterloo Water Works 2015 Annual Report to the Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water Works have collaborated in preparation of this report to highlight financial, water distribution, water production, and customer service performance milestones throughout the year 2015. The Water Works added or replaced 4,687 feet of water main in 2015. The majority of the water main installation in 2015 was constructed as part of new developments or as part of the water main replacement program associated with the City of Waterloo's annual street reconstruction program. By far the largest capital project underway in 2015 was the installation, testing, and implementation of the Customer Information System (CIS) billing solution. The Water Works went live with the new CIS on October 19, 2015. By year end, many challenges remain, including employee training, customer understanding of the new system, interaction with accounting and other software problems, and debugging. Extensive efforts to develop and refine the project will continue into 2016. Pumpage for 2015 was down 7.45 percent compared to the previous year, largely due to excess flowing and dumping of water from hydrants in the early months of 2014 to prevent freeze up of distribution system assets due to the extremely deep frost levels. One employee retired in 2015 and two new employees joined the Water Works in 2015. In 2016, the Water Works plans to continue on an aggressive path to repair, replace, or upgrade critical system assets. Projects scheduled for major investments in 2016 include continuation of the annual Water Main Replacement program; replacement of a major vehicle; advancement of the Highway 63 North, Dysart Road, and Progress Avenue water main projects; design work on the Well No. 21 VFD and Standby Power, University Avenue, Highway 63 Jefferson to Newell, and Pumping Station rehabilitation projects; and further refinement of the CIS project. The Waterloo Water Works is indebted to Board members Terry Kuntz, Mary Potter, and Scott Wienands for their leadership, support, and guidance as the Water Works continues to serve the residents of the City of Waterloo. Respectfully submitted, (2 -r -s -a„ Dennis D. Clark, P.E. General Manager Page 1 Page 64 of 159 TO THE BOARD OF WATER WORKS TRUSTEES Terry M. Kuntz, Chairman Mary H. Potter, Vice -Chair Scott Wienands, Trustee Members of the Board: I herewith submit the following Operating Report of the Waterloo Water Works for the year ending December 31, 2015. The following tables show selected revenue and expenditures for the year ending December 31, 2015 as compared with the year ending December 31, 2014. A full disclosure of the Waterloo Water Works financial information can be obtained from the annual audit report. The following figures reflect audited amounts. Revenue Metered Water -Net Rates Fire Protection Capital Contributions Billboard, Antenna & Farm Rent Interest Earned Other Revenue Total Revenue Operating Expenses Salaries and Benefits Contractual Services Commodities Interest Expense Depreciation Other Expenses Total Expenditures Net Revenue Total Assets Total Liabilities (WW pension liability added in 2015) Total Net Assets Tax Money Received Dec. 31, 2014 $7,786,392 100,269 407,873 139,865 57,553 394,569 $ 8,886,521 $3,379,450 995,087 1,405,110 29,037 670,812 87,059 $ 6,566,555 $ 2,319,966 $33,807,873 2,227,010 $31,580,863 $ 0 Bonded Indebtedness $ 416,000 Page 2 Dec. 31, 2015 $8,149,853 19,776 9,023 151,791 35,172 377,100 $ 8,742,715 $3,264,574 863,479 1,107,448 3,952 661,769 0 $ 5,901,222 $ 2,841,493 $35,914,554 4,618,678 $31,295,876 $ $ 0 0 Page 65 of 159 The following amounts were expended for Capital Improvements during the year ending December 31, 2015 as compared to the year ending December 31, 2014. Jan. 1, 2014 to Jan. 1, 2015 to Dec. 31, 2014 Dec. 31, 2015 Autos, Trucks and Distribution Vehicles & Equipment 57,806.00 0.00 Small Equipment for Distribution/Meter Dept. 2,071.35 10,026.30 Leak Correlator Equipment 30,050.00 0.00 Safety Equipment 1,612.55 2,323.12 Backflow Prevention Program 1,180.15 4,766.59 Misc. Water Main Work as part of City Projects 19,644.29 30,870.15 Annual Water Main Replacement Programs 287,560.82 232,392.86 Pumping Station and Well House Improvements 43,652.50 60,951.00 SCADA, Radio and Sensor Improvements 47,409.33 1,250.00 Computer Equipment and Software 9,492.10 4,417.66 Office, Security, and Building Equipment 4,834.36 13,274.00 Video and Security Improvements 6,075.00 0.00 West Shaulis Road Water Main Replacement 15,226.10 0.00 Highway 63 North Water Main Replacement 298,501.75 0.00 Dewitt Road Water Main Extension 62,495.67 0.00 Ranchero Road Water Main Extension 72,819.95 0.00 Well No. 19 Electrical Improvements 402,983.00 22,297.40 Well No. 21 Electrical Improvements 18,090.50 5,872.50 Ansborough Avenue at Highway 20 Water Main Repair 472,730.68 86,690.20 Shaulis Road at Highway 63 Water Main Extension 28,365.34 0.00 CIS Implementation Project 290,999.37 1,191,743.40 Water Works Office Reconfigure and Remodel 6,000.00 0.00 Progress Avenue Water Main Replacement 9,725.00 0.00 Dysart Road Water Main Replacement 4,432.50 0.00 Highway 63 Jefferson to Franklin Main Replacement 13,729.75 27,480.00 GIS-Mapping-CMMS-Doc. Mgmt.-Modeling 0.00 4,653.38 Property Acquisition 36,102.57 7,542.90 $2,243,590.63 $1,706,551.46 The following data is used to compute the comparative cost per 1,000 gallons pumped. 2014 2015 Pumpage in Gallons 4,806,421,000 4,448,471,000 Operating Revenue $8,294,534 $8,178,652 Non -Operating Revenue 591,987 564,063 Total Revenue $8,886,521 $8,742,715 Salaries and Benefits $3,379,450 $3,264,574 Contractual Services 995,087 863,479 Commodities 1,405,110 1,107,448 Depreciation 670,812 661,769 Interest Expense 29,037 3,952 Other Expenses 87,059 0 Total Expenses $6,566,555 $5,901,222 Net Revenue Page 3 $2,319,966 $2,841,493 Page 66 of 159 1 The following tabulation shows the revenue per 1,000 gallons pumped for the year I ending December 31, 2015 as compared with the year ending December 31, 2014. Dec. 31, 2014 Dec. 31, 2015 I Operating Revenue 1.7257 1.8385 Non -Operating Revenue 0.1232 0.1268 Total Revenue 1.8489 1.9653 I Salaries and Benefits 0.7031 0.7339 Contractual Services 0.2070 0.1941 Commodities 0.2923 0.2490 I Depreciation 0.1396 0.1488 Interest Expense 0.0060 0.0009 Other Expenses 0.0181 0.0000 t Total Expense 1.3662 1.3266 Net Revenue 0.4827 0.6388 I 1 1 1 1 1 1 1 1 1 1 1 Page 4 Page 67 of 159 1 Manager, Rick Wilberding This department is responsible for construction, maintenance and customer service related to water mains, vehicles and metering. Water Main Construction: During the year ending December 31, 2015, ductile iron (unless indicted) water main extensions were made as follows: Main Number Location Size Feet Funding Source Partridge Lane 8" 991 Paid by Developer Shelley Court 8" 855 Paid by Developer Total 8" Main 8" 1,846 Geraldine Road 12" 1,588 Paid by Developer Total 12" Main 12" 1,588 MAIN FOOTAGE PAID BY WWW 0 MAIN FOOTAGE PAID BY DEVELOPER 3,434 TOTAL WATER MAIN INSTALLED 3,434 MILES 0.65 Miles Water Main Replacement: During the year ending December 31, 2015, the following ductile iron water main replacement projects were completed as follows: Main Number Location Size Feet Funding Source Easton Avenue 6" 628 Waterloo Water Works East Mitchell Avenue (Replacing 1,244 feet of 8" 1,253 Waterloo Water Works 6 -inch main) TOTAL WATER MAIN REPLACED MILES Page 5 1,881 0.36 Miles Page 68 of 159 Pipe System Inventory: The following table shows the total number of feet, number of miles and the percentage of different size ductile, cast iron, and PVC mains that comprise the water distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2015. Size of Pipe 4" 6" 8" 10" 12" 14" 16" 20" 24" TOTAL Abandoned 2015 Ln. Ft. 0 1,926 0 0 0 0 0 0 0 1,926 Constructed 2015 Ln. Ft. 0 682 3,099 0 1,588 0 0 0 0 5,369 Net Gain in 2015: 0.65 Miles Net Gain 2015 Ln. Ft. 0 -1,244 3,099 0 1,588 0 0 0 0 3,443 Total Number of Feet in Number System of Miles 9,961 1.89 953,587 180.60 314,308 59.53 40,763 7.72 487,679 92.36 4,611 0.87 95,918 18.17 97,765 18.52 765 0.14 2,005,357 379.80 Percentage 0.50 47.55 15.67 2.03 24.32 0.23 4.78 4.88 0.04 100.00 Kimball Avenue Rural Water System: The following table shows the total number of feet, number of miles and the percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water system as of December 31, 2015. Size of Pipe 2" 3" 4" 6" TOTAL Total Number of Feet in System 4,573 17,492 8,270 30,717 61,052 Number of Miles 0.87 3.31 1.56 5.82 11.56 Percentage 7.49 28.65 13.55 50.31 100.00 The following table shows the number of feet of pipe of the different sizes in the flow and well lines now used to deliver water from the well field to the reservoirs. Sizes of Pipe 8" 10" 12" 16" 20" 24" TOTAL Number of Feet Page 6 580 600 1,348 13,981 10,378 600 27,487 Page 69 of 159 Valve Inventory: Size 3" 4" 6" 8" 10" 12" 16" 20" Gained 2015 Waterloo System 0 0 44 7 0 6 0 0 Total Valves in System 3 75 4,726 819 177 1,071 115 73 7,059 Valves in Flow & Well Lines as of December 31, 2015: 50 Hydrant Inventory: Hydrants in Service January 1, 2015 3,239 Additions Due to New Main Construction 7 New Installation Cut -In 2 Hydrants Eliminated 1 Net Gain 8 Hydrants in Service December 31, 2015 3,247 Hydrant Maintenance: Hydrants Repaired in Place 0 Hydrants Replaced 32 Hydrants Inspected and/or Flushed 1,290 2014 2015 Broken Hydrants (typically hit by vehicles) 2 11 Frozen Hydrants 5 2 Frozen Mains 4 0 Ludlow Common Hydrants in System 124 106 Main Leaks Repaired (joint leak, pin hole) 3 6 Broken Mains (sheared, cracked, longitudinal) 76 37 Private Service Lines Leaks 194 126 The Distribution Department operated and serviced hydrants and valves where required. Page 7 Page 70 of 159 Vehicle Record: Report of operation cost for the year ending December 31, 2015. 2015 Total 2015 2015 2015 2015 2015 Cost No. Vehicle Mileage Mileage Expense Depreciation Insurance Labor Total Cost Per Mile 1 2004 Chev. Impala 5,397 70,408 $ 2,982.70 $ $ 394.81 $ 54.78 $ 3,432.29 $ 0.6360 2 2006 Chev. Malibu 5,394 66,107 $ 1,522.67 $ - $ 394.81 $ 27.39 $ 1,944.87 $ 0.3606 4 2009 Ford F150 1/2T PU 7,512 47,678 $ 2,373.14 $ 1,848.00 $ 394.81 $ 136.95 $ 4,752.90 $ 0.6327 5 2010 Dodge 1500 Pickup 13,662 61,794 $ 4,708.90 $ 1,712.14 $ 394.81 $ 246.51 $ 7,062.36 $ 0.5169 6 1995 Chev. S10 Pickup 6,017 109,062 $ 1,416.01 $ $ 394.81 $ 246.51 $ 2,057.33 $ 0.3419 7 2011 Ford F150 PU 13,315 54,147 $ 4,048.18 $ 1,652.39 $ 394.81 $ 246.51 $ 6,341.89 $ 0.4763 8 2009 Ford F150 PU 10,763 57,595 $ 2,240.22 $ $ 394.81 $ 184.89 $ 2,819.92 $ 0.2620 9 2013 Ford F350 Valve Exerciser 1,991 5,197 $ 1,789.77 $ 22,841.05 $ 394.81 $ 27.39 $ 25,053.02 $ 12.5831 10 2011 Ford F150 PU 12,259 53,737 $ 2,669.12 $ 2,583.00 $ 394.81 $ 68.48 $ 5,715.41 $ 0.4662 11 2007 Ford 3/4 PU 3,061 50,562 $ 4,761.10 $ $ 394.81 $ 82.17 $ 5,238.08 $ 1.7112 12 2008 Ford F350 Pickup 6,960 64,597 $ 7,192.18 $ $ 394.81 $ 198.59 $ 7,785.58 $ 1.1186 15 2012 Ford F150 Pickup 15,080 55,800 $ 3,608.03 $ 2,899.00 $ 394.81 $ 164.34 $ 7,066.18 $ 0.4686 16 2013 Ford F150 PU 5,717 12,561 $ 1,597.16 $ 2,987.80 $ 394.86 $ 136.96 $ 5,116.78 $ 0.8950 17 2011 Ford F150 1/2T PU 15,150 79,332 $ 4,813.68 $ 2,964.95 $ 394.86 $ 157.50 $ 8,330.99 $ 0.5499 18 2008 Ford F350 Pickup 6,157 50,896 $ 3,645.19 $ 3,095.62 $ 394.86 $ 143.80 $ 7,279.47 $ 1.1823 19 2012 Ford F150 Pickup 16,295 54,467 $ 4,112.39 $ 1,552.88 $ 394.93 $ 143.80 $ 6,204.00 $ 0.3807 20 2004 John Deere Backhoe 580 Hrs. 7,800 $ 6,451.46 $ 4,328.33 $ 394.93 $ 671.06 $ 11,845.78 $ 20.4238 21 1997 Case Loader/Backhoe 437 Hrs. 7,393 $ 5,040.21 $ - $ 394.83 $ 232.82 $ 5,667.86 $ 12.9699 33 2003 Int. Dump Truck 6,035 68,585 $ 3,836.84 $ - $ 394.83 $ 82.17 $ 4,313.84 $ 0.7148 34 2013 Freightliner Dump Truck 5,343 20,562 $ 5,123.73 $ 9,163.50 $ 394.83 $ 54.78 $ 14,736.84 $ 2.7582 38 1976 Int. Flat Bed Truck 16 22,360 $ 48.99 $ - $ 394.83 $ 27.39 $ 471.21 $ 29.4506 TOTAL 156,124 $ 73,981.67 $ 57,628.66 $ 8,291.48 $ 3,334.79 $ 143,236.60 TOTAL HOURS 1,017 Page 71 of 159 I• ME = I= N NM M I M = I NM = MI 11111111 MN IIIM I MI Meter Operations: 2014 2015 Meters in Service as of January 1 25,389 25,584 Meters Removed for Servicing -1,475 -1,027 Meters Reset at Existing Accounts 1,483 1,013 Meters Set for New Accounts 187 201 Total Meters Set 1,670 1,214 Net Accounts Gain/Loss 195 187 Meters in Service as of December 31 25,584 25,771 Meter Repair Work: 2014 2015 Frozen — Base Replacement 59 36 Dead — Piston, Gear or Register 1 0 Replacement Junked Meters 1,215 776 Meters Removed from Vacated Residences 181 223 Leaky Meters — Bases Replaced 19 3 Miscellaneous Repairs 0 0 Meters Challenged for Accuracy by Resident 1,475 1,038 0 0 Remote Readers in Service: Waterloo System (including meters not 26,220 26,522 owned by the Waterloo Water Works) Washburn System 437 431 Raymond System 316 314 Approximate non-remoted meters Page 9 26,973 27,267 31 16 Page 72 of 159 WATER PRODUCTION Water Production Manager Pumping Station Manager Tim Robbins Travis Larson During the year ending December 31, 2015, the water pumpage has decreased 7.45% from the previous year. Total Pumpage in Gallons Daily Average Lowest Day Lowest Day Pumpage. Highest Day Highest Day Pumpage 2014 4,806,421,000 13,168,000 December 25 8,458,000 July 24 18,575,000 The record of pumpage for the year ending December year ending December 31, 2015, is as follows: 2014 January 389,536,000 February 385,055,000 March 444,693,000 April 388,151,000 May 403,700,000 June 416,301,000 July **479,583,000 August 459,238,000 September 381,420,000 October 368,248,000 November *337,650,000 December 352,846,000 TOTAL GALLONS 4,806,421,000 * Indicates lowest month's pumpage. ** Indicates highest month's pumpage. Consumption Registered on Customers' Meters City Meters - Free Rate Water loss from Reservoir (calculated) Other Metered Sales Unaccounted for Water Including the Following: (Flushing water mains to prevent system freeze up, new main construction, routine flushing water mains, hydrant flushing and inspection, fire protection, street sweeping, pre -metered construction, sewer flushing, main leaks and service line leaks.) 2015 4,448,471,000 12,188,000 December 25 7,843,000 July 13 16,676,000 31, 2014, as compared with the 2015 356,114,000 *321,650,000 350,209,000 337,214,000 367,186,000 398,015,000 **427,226,000 420,454,000 403,132,000 374,824,000 341,556,000 350,891,000 4,448,471,000 Gallons Percent 3,444, 008, 966 77.42 162,913,757 3.66 52,058,000 1.17 28,194,490 0.63 761,295,787 17.11 100.00% A record of the percent of accounted for water through customers' meters, city meters and calculated reservoir loss is as follows: 2010 2011 84.34% 83.34% 2012 2013 85.11% 81.47% Page 10 2014 75.07% 2015 82.89% 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Page 73 of 159 1 2015 Water Supply Analysis Average of all Wells in the System (Milligrams per Liter Unless Otherwise Noted) The Waterloo Water Works conducts an extensive water quality monitoring program to confirm that the drinking water is always safe and always of the highest quality. The following are the results of the water quality program for 2015. I. Analvte The following results are based on representative samples from the distribution system. Chemical Total Trihalomethane (ppb) Total Haloacetic Acids (ppb) Fluoride (ppm) Sodium (ppm) Chlorine (ppm) II. Nitrates - MCL for nitrate is 10 mg/L Well No. Well Field 7-13 14 15/17 16 18 19 20 21 22 2013 2014 2015 Test Test Test 6.47 7.92 15.0 4.10 4.83 5.48 0.73 0.70 0.71 14.7 13.2 16.1 1.02 1.04 1.03 Maximum Allowable Limit 80 60 4 NR 4 Maximum Allowable 2014 2015 Limit Average (ppm) Average (ppm) 10 6.89 5.16 10 7.52 7.74 10 0.76 1.65 10 7.93 5.41 10 4.87 5.08 10 3.42 3.20 10 7.51 6.36 10 1.02 2.60 10 7.34 8.37 Page 11 Page 74 of 159 WATERLOO WATER WORKS WATER ANALYSIS 2015 Maximum Waterloo Contaminant Water Level Analysis INORGANIC CHEMISTRY ph Value Spec. Conductance Total Alkalinity mg/L Total Hardness mg/L grains per gallon Silica mg/L Total Dissolved Solids mg/L 6.5-8.5 7.5 540 239 mg/L 300 mg/L 17.54 gpg 14 mg/L 373 mg/L Values below this point in mg/L or parts per million Magnesium Sodium Chloride Sulfate Ammonia (as N) Total Organic Carbon Iron Manganese Antimony Arsenic Beryllium Barium Cadmium Chromium Copper Fluoride Lead Mercury Nickel Nitrate (as Nitrogen) Nitrite (as Nitrogen) Selenium Silver Thallium RADIONUCLIDES Gross Alpha Emmitters Radium 226 Radium 228 Combined Radiums ND - Not Detected 26 14.7 250.000 16 250.000 140 .07 0.7 0.300 0.09 0.01 0.006 ND 0.010 0.001 0.004 ND 2.000 0.13 0.005 ND 0.100 ND 1.300 0.26 4.000 0.8 0.015 0.006 0.002 ND 0.100 ND 10.000 5.23 1.000 0.09 0.050 0.002 0.005 ND 0.002 ND 15 pCi/L 1.44 pCi/L 5 pCi/L .517 pCi/L 5 pCi/L .880 pCi/L 5 pCi/L 1.0 pCi/L Values below this point in VOLATILE ORGANIC Halo Acetic Acids Trihalomethanes (THM) 1,1-Dichloroethylene 1,2-Dichloroethane 1,2-Dichloropropane 1,2,4-Trichlorobenzene 1,1,1 -Trichloroethane 1,1,2 -Trichloroethane Benzene Carbon tetrachloride cis-1,2-Dichlroethylene Dichloromethane Ethylbenzene Monochlorobenzene 1,2 -Dichlorobenzene 1,4 -Dichlorobenzene Styrene Tretrachloroethylene Tolulene trans 1,2-Dichloroethylene Trichloroethylene Vinyl Chloride Xylenes (Total) SYNTHETIC ORGANICS 2.4-D 2,4,5 -TP (Silvex) Alachlor (Lasso) Aldicarb Aldicarb Sulfone Aldicarb Sulfoxide Atrazine Carbofuran Chlorodane Dalapon Dinoseb Diquat Endrin Endothall Lindane Methoxychlor Oxamyl (Vydate) Page 12 Maximum Waterloo Contaminant Water Level Analysis mg/L or parts per million 0.060 0.080 0.007 0.005 0.005 0.070 0.200 0.005 0.005 0.005 0.070 0.005 0.700 0.100 0.600 0.075 0.100 0.005 1.000 0.100 0.005 0.002 10.00 0.070 0.050 0.002 0.003 0.003 0.004 0.003 0.040 0.002 0.200 0.007 0.020 0.002 0.100 0.0002 0.040 0.200 0.002 0.007 ND ND ND ND 0.0018 ND ND ND 0.00068 ND ND ND ND ND ND 0.0004 ND ND 0.00053 ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND ND Page 75 of 159 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Service Outside City Limits: The 2015 water consumption and revenue from the cities served are as follows: City Hudson EIk Run Heights Kimball South Rural Raymond Washburn/B.H. County Population 2,282 1,117 250 (Est.) 788 1,155 (Est.) Number of Accounts 102 323 463 2015 Consumption (Gallons) 57,822,923 25,710,547 9,480,812 14,109,757 18,690,079 2015 Amount Billed $103,633.58 $ 54,181.82 $ 27, 587.05 $ 46,744.87 $ 66,404.94 The Waterloo Water Works provides full service to Raymond, to the Kimball Avenue Rural System, and to the Black Hawk County Rural Water System, including reading meters, billing, collection, and repair and maintenance of the water system. Hudson and EIk Run Heights use Waterloo as their source of supply and operate their own respective systems. Water Production Operational Report 2015 The pumping station operators collect and test over 80 bacteriological samples per month at the pumping station and throughout the distribution system. Additionally, more than 20 bacteria samples are collected and tested from the wells, water towers and individual residences on a monthly basis. The total amount of the bacteria samples analyzed is over 1,200 per year. Water operators test for free and total chlorine at the pumping station and at various locations in the distribution system daily. A chlorine residual of at least 0.3 mg/I must be maintained in the system to provide continuous disinfection of the drinking water to the consumer's tap. Fluoride is checked daily by samples from wells that are in operation. More than 240 fluoride samples per month are collected. Backup fluoride samples are also taken at designated sites surrounding the well houses. Keystone Laboratory checks one fluoride sample per month and the results are reported to the Iowa Department of Natural Resources. Three water samples with unknown fluoride content are provided by the state each year and tested by Water Works personnel to check testing accuracy. In 2015, Quality Control/Quality Assurance results were within +1% accuracy. Also, over 180 pH samples are taken per month. The total number of chlorine, fluoride, pH and other water quality analysis conducted by Water Works personnel amounts to over 12,000 per year. Maintenance and Repair Water Works buildings and facilities are inspected and maintained daily. Electrical systems, SCADA controls, roofs, pumps, standby diesel engines, water lines and fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable water system. The well grounds are maintained in such a way as to provide a park like atmosphere. Mowing of grounds is contracted for 2014-2016. Page 13 Page 76 of 159 1 Major maintenance and repairs for 2015 are as follows: Reservoir Tuck -pointing Repair/Replaced Damaged Brick/Painted White Trim WeII #14 -Installed New Steel Entry Door (Chemical Room) - Installed New Electrical Soft Start Well #15 - Installed New Steel Entry Door (Chemical Room) Well #16 -Installed New EPDM Rubber Roof Well #18 (University Tower Site) -Moved and Replaced Galvanized Fabric Fencing along University Avenue Sidewalk - Replaced Rus ed/Darnageu Sections of Galvanized Fabric Fencing Around Tower JILL Well #19 - Tuck-pointing Repair/Replaced Damaged Brick/Painted White Trim -Installed New Steel Entry Door (Chemical Room) Well #201 - Tuck-pointing Repair/Replaced Damaged Brick/Painted White Trim Well #21 - Tuck-pointing Repair/Replaced Damaged Brick/Painted White Trim - Installed New Steel Entry Door (Back Door) Well #22 -Installed Concrete Driveway to Building - Installed New Steel Entry Doors (Back Door and Chemical Room) 1 t Page 14 1 Page 77 of 159 1 — MII I — — I (1♦ MN (1♦ 11111 111111 — N f1♦ (1♦ MN MI N N Free Service: The following table shows the free water service rendered to the City of Waterloo at various metered locations. 2014 2014 2015 2015 Gallons Dollars Gallons Dollars Cultural & Arts Commission 574,504 $ 1,386.00 498,951 $ 1,383.50 Young Ice Arena 5,379,990 11,118.08 6,003,117 13,445.46 Sportsplex 2,109,507 5,601.24 3,231,585 8,255.28 Mark's Park/River Renaissance 3,241,309 6,355.47 3,901,091 8,258.62 itLeisure Services 3,857,704 17,628.83 5,574,484 22,818.26 P) Golf Courses: m South Hills 15,820,552 30,128.10 14,276,572 30,436.17 Gates Park 16,129,497 32,176.08 16,255,170 35,710.23 u' Byrnes Park/Iry Warren 8,530,037 17,981.43 8,988,593 20,467.66 Fire Department 771,242 4,894.02 704,665 5,274.70 Parking Ramps 22,442 676.80 31,418 745.20 Swimming Pools 3,523,325 9,235.38 6,074,182 15,004.56 Sewer Department 186,265 2,089.81 335,127 2,584.05 Library 662,026 1,938.24 685,964 2,194.30 Water Pollution Control 71,622,239 116,363.34 93,866,313 166,029.54 City Buildings 1,543,979 13,902.54 2,464,831 17,236.86 Airport 42,639 420.51 21,694 428.40 134,017,257 $271,895.87 162,913,757 $350,272.79 Additional free water service was furnished unmetered to city departments for fire protection, sewer flushing, street cleaning and other purposes. Page 78 of 159 Billing: Residential Commercial John Deere Check Orders Finals Raymond Washburn Washburn Rural Kimball Project Accounts and Bills Mailed Totals Total Billed Water Sales (unaudited) Water Sales Other (By Invoice) Fire Protection, Annual 2,239 Electronic Banking Customers Loss Due to Uncollectible Accounts: 2013 Sent to Credit Bureau Received 2014 Sent to Credit Bureau Received 2015 Sent to Credit Bureau Received Personnel: Admin & Office (Full-time) Distribution & Meter Division Pumping Station OFFICE Accounts 23,046 Bills Mailed 107,655 2,281 15,847 22 264 Manager, Mary Ratkovich Amount Billed $3,658,181.53 $4,329,286.65 $ 407,716.57 26 26 $ 1,874.04 5,200 5,200 $ 161,623.21 323 3,876 $46,744.87 392 1,926 $53,779.08 71 356 $12,625.86 102 440 $27,587.05 31,463 135,590 $ 140,736.86 $8,699,418.86 $ 65,261.77 482 44 $ 77,171.54 $28,682.65 - 3, 305.83 $25,376.82 $36,831.17 - 2,648.77 $34,182.40 $ 4,571.39 - 3,983.95 $ 587.44 12/31/13 11 17 6 34 (Water Sales - (Water Sales - (Water Sales (Water Sales $21,877.89, Other -$6,804.76) $ 3,219.50, Other-$ 86.33) - $32,511.13, Other -$4,320.04) - $ 2,443.46, Other-$ 205.31) (Credit Bureau not used after September 2015 ) 12/31/14 12/31/15 12 12 17 17 6 6 35 35 Plus temp CIS staff and summer hydrant painting employees. Waterloo Water Works also bills and manages sewer, garbage, yard waste and storm water billing for the City of Waterloo. Page 16 Page 79 of 159 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 4/10/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 4/5/2017 - 11:06 AM ATTACHMENTS: Description Type D Bonds for council approval 4.10.17 Backup Material SUBJECT: Bonds Page 80 of 159 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 81 of 159 CITY OF WATERLOO Council Communication FY 2017 Street Reconstruction Program, Contract No. 921. City Council Meeting: 4/10/2017 Prepared: 4/5/2017 REVIEWERS: Department Engineering Clerk Office Reviewer Thorson, Eric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Submitted by: Expenditure Required: Source of Funds: D ate 4/5/2017 - 11:00 AM 4/5/2017 - 11:48 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Dennis Gentz, Assistant City Engineer Page 82 of 159 FY17 Street Reconstruction Program, Cont. No. 921 Bid Opening: April 6, 2017 Engineer's Estimate: Total Division I Base Bid + Alternate A + Div. II + Div. III + Div. IV $8,865,765.99 Total Division I Base Bid + Alternate B + Div. II + Div. III + Div. IV $8,870,832.30 Bidder Bid Security Bid Amount Croell, Inc. New Hampton, IA 5% Total Division I Base Bid + Alternate A + Div II + Div. III + Div. IV NO BID Total Division I Base Bid + Alternate B + Div. II + Div. III + Div. IV $9,338,233.42 Aspro, Inc. Waterloo, IA 5% Total Division I Base Bid + Alternate A + Div II + Div. III + Div. IV $7,699,490.74 Total Division I Base Bid + Alternate B + Div. II + Div. III + Div. IV NO BID Page 83 of 159 CITY OF WATERLOO Council Communication Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of $135.00 per motorcycle, per month, for a total amount of $3,240.00 and authorize Mayor and City Clerk to execute said document. City Council Meeting: 4/10/2017 Prepared: 4/3/2017 REVIEWERS: Department Police Department Clerk Office Reviewer Krogh, Frank Even, LeAnn ATTACHMENTS: Description D Harley Davidson Lease Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Memo D ate 4/3/2017 - 12:09 PM 4/5/2017 - 10:46 AM Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of $135.00 per motorcycle, per month, for a total amount of $3,240.00 and authorize Mayor and City Clerk to execute said document. Submitted By: Frank Krogh, Police Captain Request that the City Council pass a resolution authorizing Mayor Clark to sign the lease agreement with Silver Eagle Harley Davidson for 2 Police Motorcycles for a 12 month period at a cost of $3,240.00. This is a one year lease to continue the motorcycle patrol that the Police Department uses during the summer months for $135.00 per month per motorcycles for twelve months. Yes General Funds N/A The Police Department does not own motorcycles, without the lease there would be no motorcycle patrol enforcement during the warmer months. N/A 2010 Harley-Davidson POlice Motorcycle, modle FLHP VIN# 1HD1FHM13AB647551. 2010 Harley- Davidson Police Motorcycle, model FLHP Page 84 of 159 VIN# 1HD1FHM10AB648141 Page 85 of 159 1 of 3 SILVER EAGLE HARLEY-DAVIDSON/BUELL FLI-IPI LEASE This agreement made and entered into between Silver Eagle Harley-Davidson/Buell, designated as the lessor, and the City of Waterloo, Iowa, designated as the lessee, made this 1st day of April in the year 2017 , for the purpose of leasing to the lessee two (2) Harley-Davidson Police Motorcycles under the following terms and conditions: 1. EQUIPMENT. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddlebags. VIN# IHDIFHM13AB647551. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddle bags. VIN# I HD 1 FHM 10AB 648141. 2. AGREEMENT TERMS. This shall be effective as of the date of execution through December 31, 2017. This twelve (12) month lease is turnable after nine (9) months. The motorcycle(s) leased under this agreement is to be used for police and related activities only. The twelve (12) months of the lease the lessee is responsible for maintenance listed in section 3, and the insurance requirement in section 4. The twelve (12) months of the lease, the lessee is required to pay an amount of $135.00 per month/per bike for twelve (12) months/per bike or $1620.00/per bike for the year along with maintenance in section 3, and the insurance requirement in section 4. This lease provides for the installation of law enforcement equipment. 3, MAINTENANCE. Lessee shall pay for services provided to the motorcycle(s) for normal wear & tear items (i.e.: brakes, tires, etc.). Lessee shall be billed the usual and customary service costs of the lessor in connection, with the services provided. Payment will be for services on the motorcycle(s), not for the motorcycle(s) themselves. 4. INSURANCE. At their own expense, the lessee shall carry automobile liability insurance with a minimum combine single limit of $1,000,000 with respect to the motorcycle(s), and shall carry public liability and property damage insurance sufficient to protect the lessor from liability in all events. The lessee shall carry workers compensation insurance covering all of it s employees working on, in or about the motorcycle(s). A certificate of insurance evidencing said coverage and listing the Silver Eagle Harley-Davidson/Buell, as additional name insured shall be issued to the lessee. Page 86 of 159 2 of 3 The lessee shall furnish to the lessor certificates or other satisfactory evidences of all insurance coverage described above as required terms and conditions of this agreement. The lessee shall carry comprehensive general liability insurance including general liability exposure coverage with a minimum combined single limit of $1,000,000. A certificate of insurance evidencing such coverage and listing the Silver Eagle Harley- Davidson/Buell as an additional name insured shall be issued to the lessee. 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES. The lessee agrees to protect, defend, indemnify and hold harmless the lessor from and to the extent permitted by law, against any losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of any kind in connection with the leasing of the motorcycle(s) as described in this document, except that the lessee shall not be liable for the negligence of the lessor that might arise out of the maintenance of the described motorcycle(s), or such losses that may arise while the motorcycle(s) are under thecare, custody or control of the lessor. 6. CARE AND USE OF EQUIPMENT. The lessor agrees to maintain the motorcycle(s) pursuant to the manufacturer's standard preventive maintenance contract and/or recommendations. All repairs and maintenance shall be made at Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701. The lessees, at their own expense, shall ensure delivery of the motorcycle(s) to Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701, for every service starting at 1000 mile, 2500 mile, and 5000 mile for regular maintenance at the lessee's expense. The maintenance fee is done at the normal shop rate. The lessee shall protect the motorcycle(s) from deterioration other than normal wear and tear, the lessee shall use the motorcycle(s) for police related activities only, without abuse, and shall not make repairs, modifications, alterations or additions to the motorcycle(s) without written consent of the lessor. The lessor shall have the right, after first notifying lessee and during regular business hours, to enter upon the premises where the motorcycle(s) are located in order to inspect, observe or otherwise protect the lessor's interest, and the lessee shall afford them the reasonable opportunity to do so. 7. DAMAGE OR DETERIORATION OF THE MOTORCYCLE. In the event the motorcycle(s) are partially damaged or destroyed prior to the end of the term of this agreement, the lessee will promptly have the motorcycle(s) repaired and restored to its original condition and working order at their expense. Page 87 of 159 3 of 3 In the case of theft or total loss of the motorcycle the replacement value of the motorcycle shall be $15,500.00. 8. RIDER RESPONSIBILITIES. There shall be one or more rider for the motorcycle(s), and that rider shall be responsible for keeping the motorcycle(s) clean and for reporting any repairs needed to the lessor. 9. EVENTS OF DEFAULT AND REMEDIES Lessee shall be deemed to be in default under this agreement upon the happening of any of the following events of default, A. Lessee fails to comply with any term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, should lessee fail to remedy such event of default with all reasonable dispatch within a period of thirty (30) days, lessor shall have the right, after written notice to the lessee, to pursue any of the following remedies. 1. Repossession of the motorcycle(s), including the right to sell or lease the motorcycle(s) for the account of the lessee. The lessor shall be deemed to be in default under this agreement upon failure to comply with any term, covenant or condition contained herein. LESSEE: By: Printed Name: Title: LESSOR: Silver Eagle Harley-Davidson/Buell By: Anthony Lumetta, Owner Page 88 of 159 CITY OF WATERLOO Council Communication Resolution awarding contract to Dicks Petroleum of Tripoli, Iowa, in the amount of $40,576.53, in conjunction with the replacement of fuel pump dispensers at the City Fuel Distribution Site and authorize Mayor and City Clerk to execute said document. City Council Meeting: 4/10/2017 Prepared: 4/3/2017 REVIEWERS: Department Public Works Department Clerk Office ATTACHMENTS: Description D Bid Tab 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 4/3/2017 - 1:33 PM 4/5/2017 - 11:00 AM Resolution awarding contract to Dicks Petroleum of Tripoli, Iowa, in the amount of $40,576.53, in conjunction with the replacement of fuel pump dispensers at the City Fuel Distribution Site and authorize Mayor and City Clerk to execute said document. Submitted By: Mark Rice, Public Works Director Recommend Approval The 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. This site provides fuel to all emergency vehicles throughout the City and Black Hawk County. Budgeted Amount: $60,000 413-18-7950-2110 Bids received for replacement of equipment were: Dicks Petroleum, Tripoli, IA - $40,576.23 including options 1-2-3 Acterra Corp, Cedar Rapids IA - $47,800.00 including options 1-2-3 Central Petroleum, Blue Grass, IA - $45,015 including option 1-2 only Page 89 of 159 REPLACEMENT OF FUEL PUMP DISPENSERS AT THE CITY FUEL DISTRIBUTION SITE Bid Opening: March 30, 2017 Estimate: 44497000- 44) NO Bid Security Required Bidder Bid Security Bid Amount Dick's Petroleum Company Tripoli, IA ,..iL - r a a. L io p -41,.,.s 4D, 516. , 53 Acterra Group Marion, IA ---E,‘ 47,15 a a •0-6 Central Petroleum Equipment Blue Grass, IA G '-t-, a r' ,J p pQ r 3 Page 90 of 159 CITY OF WATERLOO Council Communication Resolution approving award of contract to Wilson Custom Tree of Cresco, Iowa, in the amount of $86,714.25, approving bond and certificate of insurance in conjunction with the 2017 Spring Stump Removal Project, and authorize Mayor and City Clerk to execute said agreement. City Council Meeting: 4/10/2017 Prepared: 4/4/2017 REVIEWERS: Department Leisure Services Clerk Office ATTACHMENTS: Description D 2017 Stump Contract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Huting, Paul Even, LeAnn Action Approved Approved Type Cover Memo D ate 4/4/2017 - 1:20 PM 4/5/2017 - 9:47 AM Resolution approving award of contract to Wilson Custom Tree of Cresco, Iowa, in the amount of $86,714.25, approving bond and certificate of insurance in conjunction with the 2017 Spring Stump Removal Project, and authorize Mayor and City Clerk to execute said agreement. Submitted By:Todd Derifield, City Forester Aprrove Contract with Wilson Custom Tree The removal of 596 stumps located along city owned street rights-of-way and in several parks will be awarded to Wilson Custom Tree $86,714.25 for the removal of 596 stumps. Forestry Capital Improvement Funds (416-37-4100-2166) N/A N/A The city of Waterloo has accumulated 596 stumps during winter tree removal operations 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 91 of 159 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 April 10, 2017, by and between the City of Waterloo, Iowa (the "City"), and Wilson 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, Stump Removal Contract - Page 1 of 3 Page 92 of 159 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 Custom Tree 212 Short Street Cresco, IA 52136 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 - Page 2 of 3 Page 93 of 159 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: Eighty-six thousand seven hundred fourteen and 25/100 Dollars ($86,714.25) 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 - Page 3 of 3 Page 94 of 159 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 4 withAECOM of Waterloo, Iowa, in an amount not to exceed $115,000.00, for construction related services for the FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 4/10/2017 Prepared: 4/5/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 4/5/2017 - 11:01 AM Clerk Office Even, LeAnn Approved 4/5/2017 - 12:07 PM SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Resolution approving Supplemental Agreement No. 4 with AECOM of Waterloo, Iowa, in an amount not to exceed $115,000.00, for construction related services for the FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales, Associate Engineer not to exceed $115,000.00 GO Bonds Gaming Funds Page 95 of 159 CITY OF WATERLOO Council Communication An Ordinance amending the 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: 4/10/2017 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 D Zoning Ordinance Amendment Cover Memo SUBJECT: 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 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 third time and adopt said ordinance. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval of the amendment Summary Statement: Staff is proposing multiple changes to the City of Waterloo Zoning Ordinance No. 5079, including reference to billboard and off -premise advertising, residential fence coverings, regulations for recreational uses including both indoor and outdoor recreational uses, changes to the Floodway regulations for reference to drainage and detention facilities, and changes to the regulations for wireless communication facilities. This is a summary of the major changes but does not cover all changes. A complete copy of the proposed changes, showing strike through of wording proposed to be removed and 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 Page 96 of 159 proposed amendment. Expenditure Required: none Source of Funds: n/a Policy Issue: Zoning Ordinance Legal Descriptions: n/a Page 97 of 159 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 98 of 159 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 99 of 159 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: Nage 1 UU o 1159 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 101 of 159 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 102 of 159 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 103 of 159 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 104 of 159 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 105 of 159 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 106 of 159 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 107 of 159 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 108 of 159 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 109 of 159 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 110 of 159 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 111 of 159 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 112of159 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 113 of 159 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 114 of 159 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 115 of 159 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 116 of 159 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 117of159 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 118 of 159 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 119 of 159 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 120 of 159 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 121 of 159 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 122 of 159 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 123 of 159 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 124 of 159 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 125 of 159 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 126 of 159 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 127 of 159 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 128 of 159 CITY OF WATERLOO Council Communication An Ordinance amending the City of Waterloo Zoning Ordinance No. 5079, 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: 4/10/2017 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 D Kalem's Second Addition Site Plan Cover Memo SUBJECT: Submitted by: Recommended Action: Motion to consider, and pass for the third time and adopt an Ordinance amending the City of Waterloo Zoning Ordinance No. 5079, 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. 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 unit. The proposed site plan amendment would appear to have some impact on Page 129 of 159 Summary Statement: 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 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 Page 130 of 159 Expenditure Required: Source of Funds: Policy Issue: 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 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; Page 131 of 159 Legal Descriptions: 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 132 of 159 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 133 of 159 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 134 of 159 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 135 of 159 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 136 of 159 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 137 of 159 City of Waterloo Planning, Programming and Zoning Commission March 7, 2017 East of 3308 Bay Berry Drive Site Plan Amendment Roger Kalsem Page 138 of 159 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 141 of 159 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 142 of 159 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 1, for an increase of $5,829.50, in conjunction with the FY 2017 Byrnes and Gates Pool Painting Project, Contract No. 923. City Council Meeting: 4/10/2017 Prepared: 3/29/2017 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description ❑ Change Order Pool Painting Submitted by: Recommended Action: Expenditure Required: Source of Funds: Background Information: Action Approved Approved Type Cover Memo D ate 3/30/2017 - 12:31 PM 4/5/2017 - 9:57 AM Submitted By: Travis Nichols, Facilities/Project Manager Approve Change Order #1 in the amount of $5829.50 to A1A Sandblasting (Iowa) of Cedar Rapids, Iowa in conjunction with the FY2017 Byrnes and Gates Pool Painting Project, Contract #923. G. O. Bond Funds Change Order 1 covers cost of additional welding in gutter pan and rivet replacement along gutter covers at both pools. These items were not part of the original specifications but required prior to painting. Original Bid: $58,1000.00 Change Order 1: $5829.50 Total: $63,929.50 Page 143 of 159 AIA Sandblasting (Iowa) 334 SW Main St Menahga MN 56464 Bill To Waterloo Leisure Services 1101 Cambell Ave Waterloo IA 50701 Date Invoice # 11/23/2016 40 Page 144 of 159 P.O. No. Terms Project Due on receipt Quantity Description Rate Amount Time and material invoicing for additional work on Gates and Byrnes Park Pools: Gates Pool: Installing Rivets: 19hrs @ $67.001hr 1,306.50 1,306.50 400 Rivets 219.00 219.00 Grinding & Welding 12 hrs @ $67.00!hr 804.00 804.00 Materials: Generator: 450.00 450.00 Welding Wire: 60.00 60.00 Gas: 47.00 47.00 Total for Gates Park Pool: $2,886.50 Byrnes Park Pool: Installing Rivets: 31 hrs @ $67.00/hr 2,077.00 2,077.00 625 Rivets: 330.00 330.00 Grinding and Welding: 7hrs @ $67.00/hr 469.00 469.00 Materials: Wire: 32.00 32.00 Grinding Wheels: 35.00 35.00 Total for Byrnes Park Pool: $2,943.00 Total $5,829.50 Page 144 of 159 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: 4/10/2017 Prepared: 3/28/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Kalem's Second Addition Pre -Plat • Engineering Letter 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 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 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 Page 145 of 159 Summary Statement: 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 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. Page 146 of 159 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: 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. 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 147 of 159 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 Pgd& 14tf of 159 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 Pa'ff i44of 159 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 gd> i 5i of 159 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 Pa'ff 15'14of 159 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 152 of 159 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. == mm mom mm. mE Nom mm;MEM- *IAMOP '..iiiau� '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 153 of 159 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 156 of 159 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 157 of 159 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Jarid Hundley, Police Officer, effective March 24, 2017 with recommendation of approval ofpayout of $6,453.76 for unused benefits. City Council Meeting: 4/10/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Even, LeAnn Approved 4/5/2017 - 4:38 PM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Police Department on the notice of the conclusion of employment for Jarid Hundley, Police 0 ffic er, effective March 24, 2017 with recommendation of approval ofpayout of $6,453.76 for unused benefits. Submitted by: Submitted By: Page 158 of 159 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 3/27/2017 Effective Date: 3/24/2017 Employment Date: 4/12/2010 To: City Council Members Re: Notice of Severance Department POLICE Job Title/Classification Police Officer This is to report that the employment of Jarid Hundley with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related 1 No ❑ Yes C Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate [Total Payout Vacation -Accrued 47.30 $29.68 $ 1,399.13 Vacation -Current 128.00 $29.58 $ 3,786.24 Usable Sick Leave 0.00 $29.58 (x) 25% $ - Frozen Sick Leave 0.00 $29.58 (x) __%$ - Personal Hours 0.00 $29.58 $ - Sick Time Pay 0.00 $29.58 $ - Unscheduled Leave ,)'c 8.00 $29.58 $ 236.64 Other Pay ,)t ,* 34.88 $29.58 $ 1,031.75 Total Payment $ 6,453.76 Comments: d' Officer Hundley had 88 hours of Unscheduled time but had not earned 80 of these hours KA),..r,(a e -An r � lriakvi'D Approved by Human Resourt=s Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: ❑ AS/400 Status/Accruals ❑ 1-9 Date 3f 2:2/ J9717-1 Date Page 159 of 159 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 3/27/2017 Effective Date: 3/24/2017 Employment Date: 4/12/2010 To: City Council Members Re: Notice of Severance Department POLICE Job Title/Classification Police Officer This is to report that the employment of Jarld Hundley with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related 2 No ❑ Yes O Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 47.30 $29.58 $ 1,399.13 Vacation -Current 128.00 $29.58 $ 3,786.24 Usable Sick Leave 0.00 $29.58 (x) 25% $ - Frozen Sick Leave 0.00 $29,58 (x)_.% $ - Personal Hours 0.00 $29.58 $ - Sick Time Pay 0.00 $29.58 $ - Unscheduled Leave X 8.00 $29,58 $ 236.64 Other Pay R k 34.88 $29.58 $ 1,031.75 Total Payment $ 6,453.76 Comments: " Officer Hundley had 88 hours of Unscheduled time but had not earned 80 of these hours Iu t Approved by Human Resour Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward approved form to Department Council Agenda Date: /)o /17 0 AS/400 Status/Accruals ❑ 1-9 Date 3( 2--7//b)1 7 / /b1 �I21`1l Date