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HomeMy WebLinkAbout07/01/2013THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JULY 1, 2013 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. 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. 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. 2. 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. 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 rales". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 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 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. July 1, 2013 Roll Call. Moment of Silence. Pledge of Allegiance: Mark Rice, Public Works Director. Agenda, as proposed or amended. Minutes of June 24, 2013, Regular Session, as proposed. Page 2 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. Request of Ascension Lutheran Church, 2211 Maynard Avenue, for a variance to the Code of Ordinances concerning discharging of weapons (5-2-6B) to allow Vacation Bible School participants to use bow and arrows to shoot at targets during a portion of the program from July 29 - August 2, 2013, together with recommendation of approval of Director of Safety Services. Submitted by Daniel J. Trelka, Director of Safety Services 3. Request of Brian Cosgrove for a concrete driveway to be located at 1112 Amherst Avenue, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Bob Osgood, Plumbing Inspector IAPMO 2013 Annual Education/ Business Conference Kansas City, Missouri September 29, - October 4, 2013 $895.00 July 1, 2013 2. Mayor Clark's recommendation of the following appointment: Page 3 Appointee Board/ Commission Expiration Date New or Re Appointment Chris Harshbarger Airport Commission June 30, 2017 New Appointment 3. Recommendation of appointment of Joseph Schaefer to the position of Sewer Maintenance Worker, effective July 8, 2013 pending completion of pre- employment physical exam. Submitted by Larry N. Smith, Waste Management Services Superintendent Class C Liquor License Permit Application 4. Hwy 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 5/31/2014) (Includes Sunday Sales) 5. Diamond Daves Crossroads, 124 Crossroads Boulevard-spc # 165 (Renewal) (Expires 5/ 14/2014) (Includes Sunday Sales) Class B Wine License Permit Application 6. Hwy 63 Diner, 3030 Marnie Avenue (Renewal) (Expires 5/31/2014) (Includes Sunday Sales) 7. 74 Cigarette/ Tobacco Permit Applications 8. Bonds PUBLIC HEARINGS 2. Request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, to allow for the construction of 12 single-family homes on 3.19 acres generally located north of Eureka Street and east of Vermont Street (Baltimore Field). RE -OPEN HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director July 1, 2013 Page 4 3. Request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, to allow for the construction of 5 single-family homes on 1.13 acres generally bounded by Williston Avenue, Pleasant Street, West 7th Street and Allen Street (Williston Field). RE -OPEN HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 4. Resolution approving annual renewal agreement with Safety National Casualty at a cost not to exceed $136,980.00 per year to provide workers' compensation stop loss coverage. Submitted by Suzy Schares, City Clerk 5. Resolution approving renewal of general and auto liability, law enforcement, public officials, cyber liability, errors and omissions, and umbrella insurance for a premium of $838,810.00 with Travelers Insurance, together with recommendation of approval of Insurance Committee and rescinding Resolution No. 2013-549 passed on June 24, 2013. Submitted by Suzy Schares, City Clerk 6. Resolution approving Airport Management Agreement with Trillion Aviation for management consulting in the amount of $6,500.00 per month plus expenses for 6 months; and authorize Mayor to execute same. Submitted by Suzy Schares, City Clerk 7. Resolution approving School Resource Officers' Agreement with Waterloo Community School District for providing the assignment of six (6) police officers within the school district for one year; and authorize Mayor and City Clerk to execute same. Submitted by Daniel J. Trelka, Chief of Police July 1, 2013 Page 5 8. Resolution approving Certificate of Completion and Final Acceptance of Work Agreement performed by Vieth Construction Corporation of Cedar Falls, Iowa at a total cost of $1,204,084.32 for the F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786. Submitted by Eric Thorson, P.E., City Engineer 9. Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2012 Orange School Sanitary Sewer Extension, Contract No. 816; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 10. Resolution approving Supplemental Agreement No. 1 with Stanley Consultants, Inc. of Des Moines, Iowa for additional services of groundwater dewatering monitoring, data logging, and review for the F.Y. 2013 Storm Water Pump Stations (Virden Creek, Westfield Avenue and Vinton Street), Contract No. 831; and authorize Mayor and City Clerk to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 11. Resolution approving Lease Agreement with Wendell Lupkes in the amount of $200.00 per year to farm approximately 19 acres of land located near the northwest corner of West 4th Street and West Shauiis Road for the purpose of baling hay. Submitted by Noel Anderson, Community Planning & Development Director 12. Resolution approving the Acquisition Contract with Prairie Construction Company, Inc., successor in interest to Jens Olesen & Sons Construction Company, for the acquisition of Parcel No. 8913-16-301-001 generally located at the southeast corner of North Hackett Road and Greenwood Avenue in the amount of $35,500.00, plus up to $1,000.00 in closing costs; and authorize the Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 13. Resolution setting date of hearing as July 15, 2013 to approve request by Phillip Douglas to rezone approximately 1.3 acres of land located at the southwest corner of Martin Luther King Jr. Drive and Idaho Street from "R-2" One and Two Family Residence District to "C -P" Planned Commercial Zoning District, for the purpose of constructing a 60' x 120' commercial building; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director July 1, 2013 Page 6 14. Resolution approving variance to the requirements of the Subdivision Ordinance in Section 2.3(1) Final Plat Submittal, for Crossroads Plat No. 10. Submitted by Noel Anderson, Community Planning & Development Director 15. Resolution approving Preliminary and Final Plat of Crossroads Plat No. 10 along with the staff report, aerial photo, preliminary and final plats, deed of dedication, certificate of survey and report of the City Engineer. Submitted by Noel Anderson, Community Planning & Development Director 16. Resolution approving the City of Waterloo providing full-time Animal Control Services to Waterloo effective July 1, 2013. Submitted by Sandie Greco, Traffic Operations Superintendent And/or Resolution approving the contract with Cedar Bend Humane Society in the amount of $227,429.00 + $4,000.00 DOAs (will be added to contract total) + $60.00 per DOA deer, to provide full-time Animal Control Services to Waterloo effective July 1, 2013. Submitted by Sandie Greco, Traffic Operations Superintendent 17. Resolution re -setting date of hearing as July 8, 2013 to approve request of Prime RE, LLC to vacate a portion of an existing 16 foot sanitary sewer easement on the property generally bounded by Crossroads Boulevard, Bopp Street and La Porte Road, for the purpose of relocating the sanitary sewer line for commercial development purposes, subject to the approval becoming effective upon the completion and acceptance of the new sanitary sewer line; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner 18. F.Y. 2014 Ammunition Needs for Police Department Motion to instruct Director of Safety Services to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of hearing and bid opening as July 8, 2013 and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Dan Trelka, Director of Safety Services July 1, 2013 Page 7 19. Motion approving Change Order No. 3 for a net decrease of $8,023.90 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa for F.Y. 2009 West Shaulis Road, Contract No. 759. Submitted by Jeff Bales, Associate Engineer 20. Motion approving Change Order No. 10 for a net increase of $15,668.04 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa for F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786. Submitted by Jamie Knutson, Associate Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, July 1, 2013 4:50 p. m. - Boards and Commissions Committee, Council Chambers 4:55 p. m. - Human Resources Committee, Council Chambers 5:10 p.m. - Finance Committee, Council Chambers CONTRACT PAYMENT SCHEDULE 1. F.Y. 2012 Chautauqua Park Curb Repair, Contract No. 828 Pay estimate No. 3 to Mike Dolan Concrete & Masonry in the total amount due of $10,690.87. 2. Drainage Way for Virden Creek Tributary To Ament, Inc. in the total amount due of $772.50. 3. Dry Run Creek Gatewell Replacement, Contract No. 814 Pay estimate No. 5 to Reilly Construction Company in the total amount due of $9,411.65. SUZY SCHARES From: Carolyn Cole <Carolyn.Cole@vgm.com> Sent: Tuesday, June 25, 2013 11:47 AM To: SUZY SCHARES; MAYOR CLARK; SANDIE GRECO Subject: FW: Animal Control For the record. CC From: Bea H. [mailto:beauplifted@gmail.com] Sent: Tuesday, June 25, 2013 10:59 AM To: Carolyn Cole Subject: Animal Control Dear Carolyn Cole, I feel that if we can save money by handling the Animal Control services through the city, let's do so. Handling it for all the surrounding areas would also bring in extra revenue. We actually have an opportunity lying right here in front of us that many do not recognize; that is that we can be the 1st Iowa city to implement a no -kill shelter. It surprises me how many people have written into the Courier and also have made comments online regarding the KWWL articles involving what is happening at the Cedar Bend Humane Society and they are never shown to the public in regard to a No -Kill Shelter. It is too bad that money is used to silence anyone that speaks for the animals. The following is taken from the web page of No Kill Nation: Shelter Directors As a director, you are the most important factor in the success—or failure—of your shelter's lifesaving mission. While the programs and services of the No Kill Equation provide the only model which has ever created No Kill communities, it is not possible without a compassionate shelter director committed to rigorous implementation. Shelters should not implement the programs piecemeal or in a limited manner. If you are sincere in your desire to stop the killing, directors will implement and expand programs to the point that they replace killing entirely. Best practices, and staff accountability in cleaning, handling, and care of animals, must be the standard. But the model of "transformation leadership" goes beyond standard methods of management. Change leaders are able to rouse people through the sheer power of their own enthusiasm. Such leaders don't order or direct—they inspire. When articulating their vision, they excite others about pursuing it with them. The transformational leader goes to another level, mobilizing people for organizational change by arousing their emotions about the work they do. In doing so, such leaders 1 appeal to people's sense of meaning and value. Works becomes a kind of moral statement, a demonstration of commitment to a larger mission that affirms people's sense of belonging, need for achievement, and ability to live up to one's ideals. No Kill starts as an act of will. And it begins with transformational leadership. A half-hearted effort simply isn't enough. A shift from a reactive to proactive orientation, and from a casual, ad-hoc, limited implementation to a comprehensive one, will lead to the greatest declines in killing, and transform your community. Resources for Shelter Directors The No Kill Equation — developed by the No Kill Advocacy Center — is a humane, sustainable, cost- effective shelter model that works hand-in-hand with public health and safety, while fulfilling a fiscal responsibility to taxpayers. The success of this approach across the country proves the viability of this model. If every shelter in the country comprehensively implemented the ten programs and services of the No Kill Equation, we could end the killing of 3-4 million sheltered animals right now. There is a better way! For a description of the programs of the No Kill Equation and how shelters should implement them, please visit http://www. nokilladvocacycenter.orq/shelter-reform/no-kill-equation/ *No Kill Nation, Inc. and the No Kill Advocacy Center are separate and distinct organizations. The No Kill Equation was developed by the No Kill Advocacy Center, and is the only model that has been successful in creating a No Kill community. The mandatory programs and services of the No Kill Equation include: I. Feral Cat Trap/Neuter/Release (TNR) Program II. High -Volume, Low -Cost Spay/Neuter III. Rescue Groups Transfers IV. Foster Care V. Comprehensive Adoption Programs (including off-site adoptions) VI. Pet Retention Programs VII. Medical and Behavior Prevention/Rehabilitation Programs VIII. Public Relations/Community Involvement IX. Volunteers X. Proactive Redemptions XI. A Compassionate Director How We Did It – How the Nevada Humane Society dramatically and rapidly improved the lifesaving rate in their shelter and made their community one of the safest in the nation for homeless animals. Lessons From the 90% Club: Reject Excuses and Just Do It! –Attorney Ryan Clinton, the leader who helped make Austin, TX the largest No Kill community in the country, describes the attitude of successful leadership. 2 Standing Tall in Washoe County — The story of No Kill success in Washoe County, from Mitch Schneider, Director of Washoe County Regional Animal Services. For additional resources on improving shelter operations, please visit the No Kill Advocacy Center's Shelter Reform "Resource Library' at http://www.nokilladvocacycenterorg/shelter-reform/guides/ Thank you. Sincerely, Bea Herrmann 3 SUZY SCHARES From: MICHELLE WESTPHAL Sent: Tuesday, June 25, 2013 1:02 PM To: SUZY SCHARES Subject: FW: Please end all AC contracts with CBHS From: Rachel Blocker jmailto:rblocker44@yahoo.coml Sent: Tuesday, June 25, 2013 2:40 AM To: MICHELLE WESTPHAL Subject: Please end all AC contracts with CBHS Mayor Buck Clark - I just wanted to let you know that I fully support the City of Waterloo taking over ALL animal control responsibilities. For starters, there is no reason the taxpayers should have to pay the ridiculous salaries of the TWO directors who, between the two of them, make approximately 120,000 a year. Other shelters, larger shelters even, do just fine (and some do even better!) with only one director who makes significantly less than that. The CBHS really only needs one competent director making no more than 50,000 a year. I'm sure there are many harder working, more compassionate people who would do the job much better. I strongly urge that as long as Kristy Gardener and Karla Beckman remain there as the Lazy, uncaring, but ridiculously overpaid co - directors, the city should sever all contracts with the CBHS. I would say the same for Anita Kabele being the President of the Board, since she has gone along with and supported all of this nonsense from the beginning. Besides benefiting the taxpayers by saving money, having the city take over AC will save the lives of many animals, something that is very important to me. The CBHS has shown over and over again that the animals do not come first. The CBHS does not willingly share what percentage of animals are euthanized, but from what numbers they have made available, the best approximation shows that they kill at least over 50%. And sadly, those numbers come from a "good" year for them. In the several years prior to that, the euthanasia rate was much higher. In the first year of operation, the city AC has saved about 90% of the animals in their care. They did this by partnering with rescue groups to get animals adopted and taken in by shelters and rescue groups. The ones that they were not able to get adopted or into other shelters and rescues were then taken to Cedar Bend, and as far as anyone can tell, not one of those animals ever went up for adoption or left there alive. Now this part may well surprise you. 1 actually work at Cedar Bend. I have worked there as a kennel cleaner for 3 years now. As a lowly kennel cleaner, I have almost no say in anything, including the decisions about which animals live and die. There have been a few times that I was able to persuade (or downright beg for) and save an animal's life, but only a few here and there. I can tell you from firsthand experience that the animals are far better off in the care of the city AC, that has proven itself to be compassionate and hardworking. I have seen so many times, animals that were euthanized for the stupidest of reasons, without any effort being made to find them homes, place them in foster care, or find rescues to take them in, while in many cases, there were dozens of empty kennels at the time. I could tell you so many stories that would outrage any animal lover and indeed, if you want to hear some, just ask. I am an open book. It probably goes without saying, but I must ask that all of this remains confidential. It would not go over well with my bosses if they found out that I came out against the CBHS. I am already under a lot of scrutiny. I've been asking too many questions, criticizing too many decisions, and challenging the status quo. They've been making it increasingly clear that I am no longer welcome there. 1 Thank you for your time. I hope you and the council will make the right decision. Rachel Blocker SUZY SCHARES From: Carolyn Cole <Carolyn.Cole@vgm.com> Sent: Tuesday, June 25, 2013 12:41 PM To: MAYOR CLARK; SUZY SCHARES; MICHELLE WESTPHAL; SANDIE GRECO Subject: FW: Animal Control For the record. My note to her said "Thanks for writing. I'll forward your note to the city clerk for the record." CC From: Bea H. jmailto:beaupliftedeemail.coml Sent: Tuesday, June 25, 2013 12:38 PM To: Carolyn Cole Subject: Re: Animal Control Thank you, Carolyn! Many people in the area have given up hope on the CBHS to do the right thing for the animals of the Cedar Valley. The City Animal Control and the Rescue that is helping her are placing or finding homes for around 90% of the animals they take in. Now that is progress!!! If my name was associated with the CBHS I would be ashamed to have the REAL statistics of animals' demise out in the public. Their name should be Cedar Bend Pound, not, Cedar Bend Humane Society. We are doing such a great disservice to those who trust in us to help, the animals. Thanks again, Bea Herrmann r UZY SCHARES From: ghart@mchsi.com Sent: Monday, July 01, 2013 8:19 AM To: SUZY SCHARES Subject: Fwd: Cedar Bend Humane Society fyi Forwarded Message From: "Kathy Carter" <twocrittersare(kyahoo.com> To: councilmanhart(? niediacombb.net Sent: Sunday, June 30, 2013 9:34:25 PM GMT -06:00 US/Canada Central Subject: Cedar Bend Humane Society Councilman Hart, I am writing in regard to the current debate about the Cedar Bend Humane Society taking over animal control for the city of Waterloo. I am concerned over the number of dogs and cats euthanized each year at the Humane Society without giving the animals a real chance at rescue. Currently Waterloo Animal Control works with an area rescue finding homes or rescue situations for the animals found and not claimed in Waterloo. The Cedar Bend Humane Society does not seem to be interested in such an arrangement. It would seem they have taken "humane" out of the equation. While the number and types of animals euthanized seems to be in question, the Humane Society co-director Kristy Gardner indicates more animals are euthanized then adopted (268 adopted, 375 euthanized in 2012.) I believe, given the opportunity, rescue organizations in the area could and would continue to assist in reducing this number. I am given to understand there is a general lack of transparency when it comes to the inner workings of the Humane Society, management would prefer questions and concerns not be raised; I recall this being an issue years ago, has it not yet been resolved? Ms Gardner and her staff should answer to the public, they work 40 hours a week and are well compensated for their effort (or lack of effort?) The Humane Society belongs to the City of Waterloo and its citizens and any questions and/or concerns should be given the utmost respect. The animals should be given the same respect. Kristy Gardner stated she was not interested in extending the existing contract which has her agency and the city splitting duties, because it is too confusing for the public. As part of the "public" she's talking about I find that insulting; the arrangement is easy enough to figure out. And, if it is indeed confusing for some I have to wonder if it's a matter of information not being properly shared. I would urge you to keep the cities unwanted dogs and cats at the forefront of your thoughts, thus giving them an opportunity at becoming wanted. Please allow Waterloo Animal Control and caring Rescues to continue their good work. Thank you, Kathleen Carter 1855 Hawthorne Ave Waterloo, IA 50702 319-232-2225 1 PiUZY SCHARES From: ghart@mchsi.com Sent: Monday, July 01, 2013 8:19 AM To: SUZY SCHARES Subject: Fwd: Humane treatment of animals Forwarded Message From: "Kate McElligatt" <katemcek a,gmail.com> To: councilmanhart@mediacombb.net mediacombb.net Sent: Monday, July 1, 2013 2:13:51 AM GMT -06:00 US/Canada Central Subject: Humane treatment of animals Dear Mr. Hart, I plead with you to continue to support the use of the Humane Society for ALL animal -related concerns. Humane and high standard care for lost, injured, or abandoned pets and wildlife should be our first concern, not saving a few dollars. 1 am more than willing to pay increased taxes in order to have high quality, professional services we can be proud of. We are lucky to have our Humane Society and should proudly support it. I think more could be done to educate people about the necessity of licensing their cats and dogs. Please support using the Humane Society for animal -related concerns as opposed to the city developing less adequate services. I would appreciate your response. Kate McElligatt 3828 Jay Lane 1 '•SUZY SCHARES From: Carolyn Cole <Carolyn.Cole@vgm.com> Sent: Monday, July 01, 2013 7:40 AM To: SUZY SCHARES; MAYOR CLARK; SANDIE GRECO Subject: FW: City animal Control For the record. Carolyn Cole Vice president—communications VGM Group, Inc. P.O. Box 2817 Waterloo, IA 50704 319-274-6509 From: amy haas-gray fmailto:ameow2002evahoo.coml Sent: Sunday, June 30, 2013 8:04 PM To: Carolyn Cole Subject: Re: City animal Control Thanks for responding. Now that CBHS has finally released their numbers, and they are far worse than any one thought, i hope the city will seriously consider keeping Animal Control. What a huge waste of taxpayers money it is just to kill almost everything they take in. Thanks for your time. 5 million unwanted companion animals are killed every year and only one in ten pets born will find a loving home! Don't breed or buy while shelter pets die! Rescue pets aren't special because of their needs...they are special because of their hearts! Though i may not be able to make a difference in a//animals' lives, it is possible to make a//the difference to a few. http://www.heart-eldora.petfinder.com Amy @ H.E.A.R.T. From: Carolyn Cole <Carolyn.ColeC vgm.com> To: 'amy haas-gray' <ameow2002yahoo.com> Sent: Tuesday, June 25, 2013 8:03 AM Subject: RE: City animal Control Hi, Amy, Thanks for taking your time to write. I will forward your letter to the city clerk for the record. Carolyn From: amy haas-gray [mailto:ameow2002 a yahoo.comj Sent: Monday, June 24, 2013 9:43 PM To: councilmanharta,mediacombb.net; david.jones.ward I agmail.com; Carolyn Cole; harcarge(Waol.com; rigrx(r aol.com; sschmitt(atsclunitthouse.com; miwor@waterloo-ia.org Subject: Re: City animal Control i'am writing in support on the City of Waterloo Animal Control taking back control of all stray animals. Having been involved with the rescue of several animals from there over the last few months i can honestly say the system is working well and as it was intended. Almost 100% of the strays who were impounded were saved due to the hard work of Maria Tiller and a local rescue, Agape Fosters who networked and found placement for the animals. Unfortunately at first, a few were sent to CBHS and not one that i am aware of ever made it to adoptions. I believe this will be a cost savings to the city, a way for the city to get positive press and a huge bonus to those animals who through no fault of their own end up homeless but will at least now have a chance at a real life. Change is hard for many to accept and especially when it impacts them financially. CBHS appears to only care about the money and not what is best for the city, the community, or it's animals. I am unclear as to why they would say the current system isn't working? Anything new takes time for the public to accept and to adjust to and as long as CBHS does their part and notifies those looking for lost pets that they need to contact the city AC then there should be no problems? Yes changes will have to be made on everyone's part, including the cities to continue this service AND continue to save lives...but i feel it is well worth it in the end. The city AC is already picking up strays all but 8 hours a day, 5 days a week, how many more animals realistically will be impounded in that extra 40 hours a week? And now that Tiller has completed her euthanasia course she will be able to humanely euthanize any truly vicious or seriously injured animals. My main focus is always the animals but this will benefit the community and it's residents...win/win for everyone. Thank you! 5 million unwanted companion animals are killed every year and only one in ten pets born will find a loving hone! Don't breed or buy while shelter pets die! Rescue pets aren't special because of their needs...they are special because of their hearts! Though i may not be able to make a difference in all animals' lives, it is possible to make all the difference to a few. http://www.heart- eldora.petfinder.com Amy @ 2 June 24, 2013 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 24, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Paul Huting, Leisure Services Director. 141139 - Hart/Schmitt that the Agenda, as amended by adding $72,000 to item 1.a.19, tabling items 7 and 8, and deleting items 18 and 26, for the Regular Session on Monday, June 24, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 141140 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 24, 2013 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 141141 - Hart/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 June 24, 2013, in the amount of $2,479,784.33, 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. 2013-520. 2. Request of Ursula Holmes for a variance to the Noise Ordinance on July 5- 7, 2013 from 8:00 a.m. to 8:00 p.m. in conjunction with Gates Park Youth Basketball Weekend event to be held at Gates Park including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2013-521. 3. Request of Evan O'Leary for a variance to the Noise Ordinance on June 29, 2013 from 5:00 p.m. to 10:00 p.m. in conjunction with Wedding Reception event to be held at 211 Sheridan Road including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2013-522. 4. Request of Eliz Guyer for a variance to the Noise Ordinance on August 3, 2013 from 7:00 p.m. to 12:00 midnight in conjunction with Wedding and Reception event to be held at 316 Euclid Avenue including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2013-523. 5. Authorizing the transfer of $8,664,256 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. Resolution adopted and upon approval by Mayor assigned No. 2013-524. 6. Authorizing the adjustment of the transfer from Fund 200, Trust & Agency Fund, based on actual benefit costs related to the payroll to be paid June 28, 2013. Resolution adopted and upon approval by Mayor assigned No. 2013-525. June 24, 2013 Page 2 7. Authorizing the transfer of $613,230.12 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for the amount of the emergency levy received. Resolution adopted and upon approval by Mayor assigned No. 2013-526. 8. Authorizing the transfer of $50,178.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of debt payments made during FYE13 for the Five Sullivan Brothers Convention Center renovation. Resolution adopted and upon approval by Mayor assigned No. 2013-527. 9. Authorizing the transfer of $397,370.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of the Vision Iowa portions of general obligation bond principal and interest. Resolution adopted and upon approval by Mayor assigned No. 2013-528. 10.Authorizing the transfer of $2,548,821.62 from Fund 101, Tax Increment Financing Fund to Fund 100, Debt Service Fund for the TIF portions of general obligation bond principal and interest paid during the fiscal year ending June 30, 2013. Resolution adopted and upon approval by Mayor assigned No. 2013-529. 11.Authorizing the transfer of $2,582,905.40 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund. This transfer is for the sewer fund portion of general obligation bond principal and interest paid during the fiscal year ending June 30, 2013. Resolution adopted and upon approval by Mayor assigned No. 2013-530. 12.Authorizing the transfer of $1,245,235.28 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund for the sewer fund portion of the general obligation bond issues refunded in July 2012 and June 2013. Resolution adopted and upon approval by Mayor assigned No. 2013-531. 13.Authorizing the transfer of $340,987.94 from Fund 010, General Fund, to Fund 424, Vision Iowa Projects Fund. This transfers a portion of the distributions from the Black Hawk County Solid Waste Commission to the Vision Iowa Projects Fund to pay for construction and related engineering services for the Riverwalk Loop and Lower Plaza contracts. Resolution adopted and upon approval by Mayor assigned No. 2013-532. 14.Authorizing additional transfers from Fund 010, General Fund, to Fund 424, Vision Iowa Projects Fund in an amount to cover all additional expenses incurred through June 30, 2013 not previously transferred. Resolution adopted and upon approval by Mayor assigned No. 2013-533. 15.Authorizing the transfer of $52,173.68 from Fund 521, Storm Water Fund, to Fund 424, Vision Iowa Projects Fund for the portion of the Cattle Congress Pump Station contract funded with storm water fees. Resolution adopted and upon approval by Mayor assigned No. 2013-534. 16.Authorizing the transfer of $662,591.31 from Fund 101, Tax Increment Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts paid for the following projects: a. L&H Farms land purchase $334,109.50 b. CV Warehouse economic development grant 221,350.00 c. 2710 WCF&N Drive land purchase 56,575.50 d. Secor Railroad Spur Project 17,999.81 e. TechWorks development services 3,977.50 f. Government Relations contract 28,000.00 Total $662,012.31 Resolution adopted and upon approval by Mayor assigned No. 2013-535. 17.Authorizing additional transfers from Fund 101, Tax Increment Financing Fund, to Fund 426, Capital Improvements Fund in an amount to cover all additional expenses incurred through June 30, 2013 for the Secor Railroad Spur. Resolution adopted and upon approval by Mayor assigned No. 2013-536. June 24, 2013 1. 2. Page 3 18.Authorizing the transfer of $40,000 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for TIF contract expenses. Resolution adopted and upon approval by Mayor assigned No. 2013-537. 19.Authorizing the transfer of $72,000.00 from fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for TIF contract expenses for the Greater Cedar Valley Alliance. Resolution adopted and upon approval by Mayor assigned No. 2013-538. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Joe Saunders, Investigator 2013 Intern. Outlaw Motorcycle Gang Investigator Conference St. Paul, Minnesota September 7-13, 2013 $1,644.94 Kent Shankle, Director Travel to return/pick up art & attend Snake Alley Arts Festival Burlington, Iowa June 12- 16, 2013 (revised dates) $200.00 3. Recommendation of appointment of Brad Vander Werff to the position of Golf Maintenance III, effective June 25, 2013. 4. Recommendation of appointment of Lawrence Harms to the position of Park Maintenance II - Crew Leader, effective June 25, 2013. 5. Recommendation of appointment of Larry Vogel to the position of Construction Foreman, effective June 25, 2013. Class C Beer License Permit Application 6. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/2014) (Includes Sunday Sales) Class C Liquor License Permit Application 7. Screaming Eagle American Bar & Grill, 228 East 4th Street (Renewal) (Expires 4/20/2014) (Includes Sunday Sales) Class E Liquor License Permit Application 8. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/2014) (Includes Sunday Sales) Class B Wine License Permit Application 9. Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/2014) (Includes Sunday Sales) Outdoor Service Area Application 10. Screaming Eagle American Bar & Grill, 228 East 4th Street Fireworks Display Application 11. Sunnyside Country Club, 1600 Olympic Drive 12. Cedar Valley Jaycees, National Cattle Congress Grounds & Sans Souci Island 13. Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 141142 - Schmitt/Welper that proof of publication of notice of public hearing on Purchase of Uniforms and Equipment for Waterloo Police Department, as published in the Waterloo Courier on June 20, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. June 24, 2013 Page 4 141143 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141144 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc., be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-539. 141145 - Schmitt/Welper that "Resolution ordering to proceed in conjunction with Purchase of Uniforms and Equipment for Waterloo Police Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-540. 141146 - Schmitt/Welper to receive and file and instruct City Clerk to open and read bids and refer to City Clerk for review in conjunction with Purchase of Uniforms and Equipment for Waterloo Police Department: Bidder Bid Amount Carpenter Uniform Co Des Moines IA On file Clerk's in the Office City Wertjes Uniforms Cedar Falls IA On file Clerk's in the Office City Voice vote -Ayes: Seven. Motion carried. 141147 - Hart/Welper that proof of publication of notice of public hearing on Amendment to the Logan Area Urban Renewal and Redevelopment Plan for KWWL Television, Inc. for the renovation of the existing commercial building located at 500 East 4th Street, as published in the Waterloo Courier on June 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141148 - This being the time and place of public hearing, the Mayor called for written and oral objections. Written objections are on file in the City Clerk's Office. Noel Anderson, Community Planning and Development Director, reported that the City is following procedures for the programs offered by the City. This agreement looks at future options for redevelopment and infill development. Mayor Clark noted that the City has tried very hard to retain KWWL in Waterloo and has had an opportunity to look at future development in the area. Mr. Getty questioned if KWWL is requesting the City to purchase the American Legion Building. Mayor Clark noted that it is an option. Ms. Cole stated the terms of the development agreement. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141149 - Hart/Welper that "Resolution approving said amendment; and authorize Mayor and City Clerk to execute said document", be adopted". Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-541. June 24, 2013 Page 5 141150 - Hart/Welper that proof of publication of notice of public hearing on Development Agreement between KWWL Television Inc. and the City of Waterloo for the renovation of the existing building located at 500 East 4th Street and additional new construction on the site, with a minimum investment of $2,500,000.00 and offering tax rebates for 10 years at 70 percent, as published in the Waterloo Courier on June 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141151 - This being the time and place of public hearing, the Mayor called for written and oral objections. Written comments are on file in the City Clerk's Office. Hart/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141152 - Hart/Welper that "Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document", be adopted". Roll call vote -Ayes: Six. Nays: One (Cole). Resolution adopted and upon approval by Mayor assigned No. 2013-542. 141153 - Welper/Schmitt that proof of publication of notice of public hearing on Request by Hy -Vee, Inc. for a site plan amendment to the "S-1" Shopping Center District, to allow for a 7,008 square foot expansion to the store for a Hy -Vee Wine & Spirits located at 1422 Flammang Drive, as published in the Waterloo Courier on June 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141154 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. 141155 - Welper/Schmitt 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 of certain property", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141156 - Welper/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141157 - Welper/Schmitt that "an Ordinance amending Ordinance No. 5079, Zoning Ordinance, by amending the Official Zoning 4-4, approving a site plan amendment of certain passed for the second and third times and adopted. as amended, City of Waterloo Map referred to in Section 10 - property", be considered and Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5162. 141158 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request by Atul Patel for a site plan amendment to the "S-1" Shopping Center District, to allow for the construction of a Fairfield Inn & Suites Hotel located west of 2127 LaPorte Road, as published in the Waterloo Courier on June 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. June 24, 2013 Page 6 141159 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141160 - Schmitt/Greenwood 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 of certain property", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 141161 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141162 - Schmitt/Greenwood 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 of certain property", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5163. 141163 - Hart/Welper that proof of publication of notice of public hearing on Request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, to allow for the construction of 12 single-family homes on 3.19 acres generally located north of Eureka Street and east of Vermont Street (Baltimore Field), as published in the Waterloo Courier on June 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141164 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be tabled until July 1, 2013. Roll call vote -Ayes: Seven. Motion carried. 141165 - Hart/Welper that proof of publication of notice of public hearing on Request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, to allow for the construction of 5 single-family homes on 1.13 acres generally bounded by Williston Avenue, Pleasant Street, West 7th Street and Allen Street (Williston Field), as published in the Waterloo Courier on June 14, 2013, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 141166 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be tabled until July 1, 2013. Roll call vote -Ayes: Seven. Motion carried.. RESOLUTIONS 141167 - Getty/Schmitt that "Resolution approving the City of Waterloo providing full-time Animal Control Services to Waterloo effective July 1, 2013", be adopted. Randy Herod spoke in opposition to the City acquiring animal control. Anita Kabele, spoke in opposition to the City acquiring animal control and questioned the projected budget and how strays would be handled. June 24, 2013 Page 7 Jennifer Kane, 411 Glencoe Ave., questioned strays and euthanizing the animals. She suggested the City update the website to show pictures of strays and the necessary ordinances required. She spoke in support of the Cedar Bend Humane Society. Forest Dillavou, 1725 Huntington Rd., suggested giving the building to Leisure Services not animal control. Mr. Getty spoke in opposition to the City acquiring animal control. Mr. Schmitt questioned the reasoning behind acquiring animal control, the money or services. Mayor Clark noted that both are reasons for acquiring the service. Mr. Schmitt suggested working with the Humane Society for a period of time to allow time to work with the surrounding communities to create a task force to look at the issue. Mr. Jones concurred with Mr. Schmitt but noted that the Humane Society has only offered an annual contract. He noted that the cost of the building and the vehicles is not being considered. Mr. Schmitt questioned if the Humane Society would consider a 6 -month contract. Anita Kabele, Cedar Bend Humane Society, reported that it would be up to the board. She also noted that the other cities have a clause that allows them to terminate the contract by giving a 60 -day notice. Kristy Gardner, Cedar Bend Humane Society, noted that strays are not being covered by the City and that Sandie Greco has known for 6 months that the contract was going to need to be amended. She does not believe that shared services are working well. Mr. Greenwood questioned how strays will be handled if the City acquires animal control. Sandie Greco, Traffic Superintendent, noted that she was not aware that the Humane Society would not accept strays if they are not under contract with the City of Waterloo. The City holds them for 72 hours to 1 week. Officers and volunteers will monitor the kennels. There is an agreement with the DNR and Waste Management to dispose of dead animals. There is an extra charge of $60 for dead deer and $10 for small animals if Cedar Bend picks up the animals. Mr. Jones noted that there are too many unresolved issues for the City to take over animal control. 141168 - Getty/Schmitt that the Resolution approving the City of Waterloo providing full-time Animal Control Services to Waterloo effective July 1, 2013 be tabled until next week. Roll call vote -Ayes: Seven. Motion carried. 141169 - Hart/Cole that "Resolution approving recommendation of award of bid to Signs By Tomorrow of Cedar Falls, Iowa in the amount of $2,970.00, for Graphics for Six (6) Patrol Vehicles", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-543. 141170 - Hart/Cole that "Resolution approving Contract in the amount of $46,300.00 for Services with Mullin & Lonergan Associates of Pittsburgh, Pennsylvania for professional services for the FY2015-FY2019 Five -Year Waterloo/Cedar Falls HOME Consortium Consolidated Plan and Analysis of Impediments to Fair Housing", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-544. 141171 - Hart/Cole that "Resolution approving Amended Waterloo/Cedar Falls HOME FY2014 Allocation of CDBG and HOME Program Funds", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-545. June 24, 2013 Page 8 141172 - Cole/Hart that "Resolution approving renewal of stop loss health insurance for a premium of $838,575.00 with Wellmark Blue Cross Blue Shield", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-546. 141173 - Cole/Hart that "Resolution approving renewal of contract with Delta Dental of Iowa to administer the employee dental health benefit plan, including administrative and claims services, at a cost of $3.80 per employee per month for FY14", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-547. 141174 - Cole/Hart that "Resolution approving F.Y. 2014 Claims Service Contract agreement for Third Party Administration with Alternative Service Concepts at a cost not to exceed $23,810.00, plus bill review, to provide administrative and claims services for self-funded work comp insurance", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-548. 141175 - Cole/Hart that "Resolution approving renewal of general and auto liability, law enforcement, public officials, errors and omissions, and umbrella insurance for a total premium of $809,379.00 with Travelers Insurance together with recommendation of approval of Insurance Committee", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-549. 141176 - Cole/Hart that "Resolution approving renewal of property insurance for a total premium of $306,677.00 with Chubb Insurance, together with recommendation of approval of Insurance Committee", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-550. 141177 - Getty/Hart that "Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $251,898.00 to be used as the match for the State Recreational Trails funds awarded for the F.Y. 2014 Shaulis Road Recreational Trail Extension - Phase I, Contract No. 858; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-551. 141178 - Getty/Hart that "Resolution approving Cooperative Agreement with Iowa Department of Transportation for the installation of a flowmeter at the Edwards Street Storm Lift Station for a period of 12 months, at an estimated cost of $7,500.00 with 100 percent of the costs reimbursed by DOT; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-552. 141179 - Getty/Hart that "Resolution approving Second Tolling Agreement; and authorize Mayor to• execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-553. 141180 - Getty/Hart that "Resolution approving use of $56,575.50 in Tax Increment Financing funds for the acquisition of property generally located in the Midport TIF District", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-554. June 24, 2013 141181 - Schmitt/Welper Page 9 that "Resolution approving use of up to $333,000.00 plus up to $2,000.00 for funds needed for closing costs in Tax Increment Financing funds for the acquisition of property generally located in the San Marnan TIF District", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-555. 141182 - Schmitt/Welper that "Resolution approving use of $48,000 in Logan Tax Increment Financing funds for payment of Government Relations Contract", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-556. 141183 - Seven. that "Resolution approving the FY2013 incentive funds to Greater Cedar Valley Alliance for work towards economic development for an amount up to $43,500.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2013-557. ORDINANCES 141184 - Cole/Getty that "an Ordinance Reducing speed limit from 30 mph to 25 mph when lights are flashing from 500 feet north of Sidehill Drive to Orange Road", be considered for the first time. Roll call vote -Ayes: Seven. 141185 - Cole/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 141186 - Cole/Hart that "an Ordinance Reducing speed limit from 30 mph to 25 mph when lights are flashing from 500 feet north of Sidehill Drive to Orange Road", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5164. ORAL PRESENTATIONS Mr. Hart announced that today is his thirteenth anniversary. Mayor Clark welcomed back Mr. Greenwood. 141187 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 141188 - Hart/Welper that the Council adjourn at 6:33 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk CITY OF WA:I ERLOO Council Communication City Council Meeting: July 1, 2013 Prepared: Tune 24, 2013 Dept. Head Signature: Daniel J. Trelka # of Attachments: SUBJECT: Request for a variance of 5-2-6: DISCHARGING WEAPONS. Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve a request for a variance to City Code 5-2-6: DISCHARGING WEAPONS (bow and arrow). Summary Statement: Ascension Lutheran Church, 2211 Maynard Ave., is requesting a variance to the city ordinance in regard to discharging weapons. They would like to allow Vacation Bible School participants to use bow and arrows to shoot at targets during a portion of their program from July 29 until August 2, 2013. The church is on a large property and they would arrange to shoot the bows in a direction away from any houses, as well as ensuring that there is a proper backstop. The activity would be monitored and supervised by numerous adults, including an off- duty Waterloo police officer (Adam Galbraith). I reviewed the area in question. It would be suitable and safe for the proposed activity. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-559 RESOLUTION GRANTING REQUEST OF ASCENSION LUTHERAN CHURCH, 2211 MAYNARD AVENUE, FOR A VARIANCE TO SECTION 5-2-6B OF THE WATERLOO CODE OF ORDINANCES, DISCHARGING AND POSSESSING AIR RIFLES AND SIMILAR DEVICES; EXCEPTION, TO ALLOW VACATION BIBLE SCHOOL PARTICIPANTS TO USE BOW AND ARROWS TO SHOOT AT TARGETS DURING A PORTION OF THE PROGRAM FROM JULY 29 - AUGUST 2, 2013. WHEREAS, the Ascension Lutheran Church, 2211 Maynard Avenue, is proposing to allow Vacation Bible School participants to shoot bow and arrows at targets during a portion of the program from July 29 - August 2, 2013, and WHEREAS, said operations would be in violation of Section 5- 2-6B of the Waterloo Code of Ordinances, Discharging And Possessing Air Rifles And Similar Devices; Exception, and WHEREAS, the Ascension Lutheran Church has made formal application for a variance to Section 5-2-6B of the Waterloo Code of Ordinances, Discharging And Possessing Air Rifles And Similar Devices; Exception. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Ascension Lutheran Church, 2211 Maynard Avenue, for a variance to Section 5-2-6B of the Waterloo Code of Ordinances, Discharging And Possessing Air Rifles And Similar Devices; Exception, to allow Vacation Bible School participants to shoot bow and arrows at targets during a portion of the program from July 29 - August 2, 2013, be and the same hereby granted. PASSED AND ADOPTED this 1st day of July, 2013. est G. Clark, Mayor ATTEST: Suzy Sc h res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: July 1, 2013 Prepared: June 25 2013 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY BRIAN COSGROVE FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1112 AMHERST AVENUE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from BRIAN COSGROVE for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1112 AMHERST AVENUE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: GOLDEN GARDENS ADDITION LOT 20 BLK 6 WAIVER Date: 4 6 - Zi` %J Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at concrete `pr asphalt) Ate, hetet This waiver is needed because of: (Address) special surface texture (Le., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. Xelimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. properly l•ti+e is Z 3" about vit r, mg (605/13) asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of rdperty Owner Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-560 RESOLUTION GRANTING PERMISSION TO BRIAN COSGROVE FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1112 AMHERST AVENUE, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY WITH ELIMINATION OF THE SIDEWALK SECTION DUE TO THE INABILITY TO MEET REQUIREMENTS OF THE DRIVEWAY AND SIDEWALK POLICY, PARAGRAPH 1. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: WHEREAS, the City Engineer has made written application to the City Council asking that Brian Cosgrove be authorized and permitted to construct a concrete driveway with elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1112 Amherst Avenue, and legally described as follows: Golden Gardens Addition Lot 20 Block 6, all in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted. NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Brian Cosgrove to construct a concrete driveway with elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1112 Amherst Avenue, subject to the following conditions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording and the Black Hawk County Auditor for filing in order that this said action may become a matter of official County Record. PASSED AND ADOPTED this lSt day of July, 2013. ATTEST: Suzy Shares, CMC City C erk Resolution No. 2013-560 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2013-560, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 1st day of July, 2013. Witness my hand and seal of office this 1st day of July, 2013. 0.,m D SEAL Suzy Schares, CMC City Clerk TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY C/ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 070 ,Z2 51a*) /346 /1.000 6,2// g96 -t%/- 219 96 -V% 31 3 S� /o! 14f'20/3 Copy - Department NAME(S) AND POSITION(S): Bob Osgood, Chief Plumbing Inspector DATE: 6/7/13 NAME OF CLASS / MEETING: IAPMO 2013 Annual Education/Business Conference DESTINATION Kansas City, MO DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 9/29/13 RETURN DATE: 10/4/13 DATE(S) OF MEETING: 9/30/13 thru 10/3/13 PURPOSE OF TRAVEL/TRAINING IAPMO Annual Conference (Penny Gerholdt will be traveling with at no cost to the City) WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa PRIVATE VEHICLE ESTIMATE OF COST: 0,00 LODGING 220.00 MEALS 575.00 REGISTRATION 100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 895.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 895.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO ///— DEPARTMENT HEAD L7 -- DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR DATE %3 CITY OF WATERLOO Council/Committee Communication Committee Meeting: July 1, 2013 Prepared: June 24, 2013 Dept. Head Signature:-Z� # of Attachments: 1 SUBJECT: Appointment of Mr. Chris Harshbarger to the Airport Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Mr. Harshbarger's 1St full term will expire 0613012017. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD AI -Large STEVE SCHMITT Al -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council. Communication City Council Meeting: 07/01/13 Prepared: 06/25/13 Dept. Head Signature: # of Attachments: SUBJECT: Sewer Maintence Worker Submitted by: Larry N. Smith, WMS Superintendent �Qivn-ri Recommended City Council Action: Approval to appoint Joseph Schaefer, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Dept. effective July 8, 2013, pending pre-employment physical exam. Summary Statement Expenditure Required Source of Funds Position is budgeted for in the FY14 budget Policy Issue Alternative WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL JULY 1, 2013 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/14) AMOUNT: $5,000.00 IA 598685 MICHAEL ROQUET DBA ROQUET LANDSCAPING WATERLOO, IA 7900402302 FAILOR HURLEY CONSTRUCTION WATERLOO, IA 61725334 SCOTT SCHOER WATERLOO, IA 61724085 CYNDI LYONS WATERLOO, IA 0880619 MICHAEL KROEGER WATERLOO, IA 61713488 LEONARD DANA WATERLOO, IA 354-030-399 MARKET & JOHNSON INC. LA CROSSE, WI DENNIS HOLBACH HUDSON, IA Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street o Waterloo, Iowa 50703-5783 (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: June 10, 2013 Prepared: June 5, 2013 Dept. Head Signature: COUNCIL MEMBERS 0000000 OOOOOOOO 0000 DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 R. ON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large # of Attachments: k SUBJECT: Request to set the date of public hearing as June 24, 2013 for a request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R-1, R -P" Planned One and Two Family Residence District, to allow for the construction of 12 new single family homes on 3.19 acres generally located north of Eureka Street and east of Vermont Street (Baltimore Field). mr"e..y: The Iserson, ommum ' annmg : leve opment 'rector Recommended City Council Action: Approval, subject to the following conditions: 1) that that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc., 2) that the submitted house designs are compatible and exceed the design "features/extras" of existing homes to uplift and provide new excitement to the surrounding neighborhood, which includes attached garages, 1,110 square foot homes or larger, homes oriented towards the streets as shown on the site plan, paved driveways, and setbacksas shown on the site plan. Summary Statement: Transmitted herewith is a request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R-1, R- P" Planned One and Two Family Residence District, to allow for the construction of 12 new single-family homes. 4 of the proposed homes would face Vermont Street, and the remaining 8 lots would be located off of an extension of Denver Street from the south. The homes would be a minimum of 1,100 SF in size (per the development agreement between the applicant and the City), would have poured concrete basements and would have 2 -stall attached garages. The homes would be constructed with vinyl siding, with the potential option to add brick or rock along the bottom 4' (depending on the buyer of each lot). There would be two home designs proposed: a one and a half story home and a ranch home. These are being proposed to better fit into the existing neighborhood, as a majority of the homes in this area are one and half stories or ranch style homes. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The lots would vary slightly in size, ranging from 8,515 SF to 10,700 SF. They would also have widths of approximately 75'. The "R-1, R -P" District has a minimum lot size requirement of 9,000 SF per lot, as well as a 75' minimum lot width. The "R -P" designation does allow for flexibility in its yard requirements, stating that "the underlying zoning district in which the development is located shall not apply except that the required yard shall be compatible and/or similar to adjacent properties provided around the boundary of the development". The surrounding area is zoned "R-2", which has a minimum lot size requirement of 6,000 SF, and a lot width requirement of only 50'. Therefore, it would appear that the proposed development would in fact be compatible with the adjacent properties. Given the fact that this area is zoned appropriately and has the necessary infrastructure to support this development, the proposed project would appear to be a good use of this otherwise vacant property, and would be compatible with the surrounding residential uses. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: N/A Background Information: The City of Waterloo recently took ownership of this property from Waterloo Community Schools, and rezoned it to "R-1, R -P" in 2011 in order to market it for residential redevelopment. Legal Description: Baltimore Field lst Addition, Lots 1-12 NA:sg Noel Anderson, Community Planning & Development Director. ;fle-- City of Waterloo Planning, Programming and Zoning Commission June 4, 2013 Property Proposing Site Plan Amendment altim re Field RAS 9 P Sit Plan Amendment Residentl Development Pars:• ; s LLC. 111111€tall siii c c e jai>.e-+:..e.,FS ,,.i II 1I Ea r / 0 t9 1 Subject to Review and Change • : Grafting. REQUEST: APPLICANT: GENERAL June 4, 2013 FOR SITE PLAN AMENDMENT IN THE "R-1, R -P" PLANNED ONE AND TWO FAMILY RESIDENCE DISTRICT TO ALLOW FOR THE CONSTRUCTION OF 12 NEW SINGLE-FAMILY HOMES, GENERALLY LOCATED NORTH OF EUREKA STREET AND EAST OF VERMONT STREET (BALTIMORE FIELD). Residential Development Partners, LLC (Jim Ellis), 402 E 4th Street, Suite 101, Waterloo, Iowa 50703. DESCRIPTION: The applicant is proposing the site plan amendment to the "R- 1, R -P" Planned One and Two Family Residence District at am e IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: single-family homes. The request would not have a negative effect on the neighborhood, as the area is primarily residential in nature, consisting of mostly single-family homes. North — Single-family homes, zoned "R-2" One and Two Family Residence District. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO REC. TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: ,t Family Residence District. East — Single-family homes, zoned "R-2" One and Two Family Residence District. West— Single-family homes, zoned "R-3" Multiple Family Residence District, former Hy -Vee grocery store, zoned "C-1" Neighborhood Commercial District. 4 of the lots would have frontage along Vermont Street, and 8 lots would be located along an extension of Denver Street from Eureka Street. All of these roads are classified as Local Streets. There are no sidewalks located adjacent to this property. New sidewalks would be required as each lot develops. There are no recreational trails located near this property. The property in question is zoned "R-1, R -P" Planned One and Two Family Residence District, and has been zoned as such since 04/04/2011. Previously, the property was zoned "R-2" One and Two Family Residence District. Properties to the north, south and east are zoned "R-2" One and Two Family Residence District, and the properties to the west are zoned "R-3" Multiple Family Residence District and "C-1" Neighborhood Commercial District. 06-04-13 Baltimore Field Jim Ellis Site Plan Amendment R-1, R-Rdoc Page 1 of 4 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: June 4, 2013 This area started developing with homes in the 1950's. There would not be any screening requirements for this development. There do not appear to be any drainage issues. The property is not located within a special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 301F, PUBLIC/OPEN SPACES/SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: This property was previously owned by the City of Waterloo (and previously the Waterloo Community Schools) as an open space area. Miller park is located one block to the southwest. There is an 8" sanitary sewer located within Vermont Street and Eureka Street. A 30" storm sewer is located within Eureka Street. There is a 6" water main located within Vermont Street. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The Future Land Use Map (February 3, 2003) designates this site as Parks, Open Spaces and Schools. As this property is used as open space, the designation currently appears to be correct, although it could be updated to reflect the new use of the property. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. The City of Waterloo recently sold the property to the applicant, which was formerly an unused open space area. The City recently took steps to rezone a number of open space areas in order to market them to residential developers, and it was rezoned from "R-3" Multiple Family Residence District to "R-1, R -P" Planned One and Two Family Residence District. The City did this in order to protect the neighborhood and require any development to go through the Site Plan Amendment process to provide the City with plans on how the lots were going to develop, such as house style, number of stories, garages, etc. This also gives the public a chance for input into the proposed development. The applicant is proposing to develop 12 new single-family homes on this portion of property. 4 of the proposed homes would face Vermont Street, and the 06-04-13 Baltimore Field Jim Ellis Site Plan Amendment R-1, R-P.doc Page 2 of 4 June 4, 2013 remaining 8 lots would be located off of an extension of Denver Street from the south. The homes would be a minimum of 1,100 SF in size (per the development agreement between the applicant and the City), would have poured concrete basements and would have 2 -stall attached garages. The homes would be constructed with vinyl siding, with the potential option to add brick or rock along the bottom 4' (depending on the buyer of each lot). There would be two home designs proposed: a one and a half story home and a ranch home. These are being proposed to better fit into the existing neighborhood, as a majority of the homes in this area are one and half stories or ranch style homes. The lots would vary slightly in size, ranging from 8,515 SF to 10,700 SF. They would also have widths of approximately 75'. The "R-1, R -P" District has a minimum lot size requirement of 9,000 SF per lot, as well as a 75' minimum lot width. The "R- P" designation does allow for flexibility in its yard requirements, stating that "the underlying zoning district in which the development is located shall not apply except that the required yard shall be compatible and/or similar to adjacent properties provided around the boundary of the STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: has a minimum lot size requirement of 6,000 SF, and a lot width requirement of only 50'. Therefore, it would appear that the proposed development would in fact be compatible with the adjacent properties. When the property was rezoned to "R-1, R -P" in 2011, it was done so with the condition "that the development be highly scrutinized to provide a higher level of design and livability'. Items to be scrutinized include the design of the home for curb appeal, number of stories, setbacks, house size, garage, fencing, etc. Given the fact that this area is zoned appropriately and has the necessary infrastructure to support this development, the proposed project would appear to be a good use of this otherwise vacant property, and would be compatible with the surrounding residential uses. The applicant is proposing to plat this single lot into 5 individual lots. Therefore, staff recommends the request for site plan amendment in the "R-1, R -P" Planned One and Two Family Residence District be approved for the following reasons: 1. The request would have a positive impact on the area, by developing a currently vacant property. 06-04-13 Baltimore Field Jim Ellis Site Plan Amendment R-1, R-P.doc Page 3 of 4 June 4, 2013 2. The request would be in conformance with the Comprehensive Plan, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. 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, landscaping, drainage, floodplain regulations, etc. 2. That the submitted house designs are compatible and exceed the design "features/extras" of existing homes to uplift and provide new excitement to the surrounding neighborhood. This includes: a. Attached garages b. 1,100 SF or larger homes c. Homes oriented towards the streets as shown on the site plan -_ e. Setbacks as shown on the site plan 06-04-13 Baltimore Field Jim Ellis Site Plan Amendment R-1, R-P.doc Page 4 of 4 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. IOWA: ORDINANCE NO. 5165 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, A SITE PLAN AMENDMENT TO THE "R -1,R -P" PLANNED ONE AND TWO FAMILY RESIDENCE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, for property generally located north of Eureka Street and east of Vermont Street (Baltimore Field), to allow for the construction of 12 new single-family homes on 3.19 acres of land, legally described as follows: Baltimore Field 1St Addition, Lots 1-12, to the City of Waterloo, Black Hawk County, Iowa. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: July 1, 2013 July 1, 2013 July 1, 2013 July 1, 2013 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 1st day of July, 2013, and approved by the Mayor on the 1St day of July, 2013. ATTEST: CStr�y Scares, CMC City Cl_rk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5165 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 1st day of July, 2013. Witness my hand and seal of office this 1st day of July, 2013. SEAL Suzy Scares, CMC City 01- k Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5165 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, A SITE PLAN AMENDMENT TO THE "R -1,R -P" PLANNED ONE AND TWO FAMILY RESIDENCE DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, for property generally located north of Eureka Street and east of Vermont Street (Baltimore Field), to allow for the construction of 12 new single-family homes on 3.19 acres of land, legally described as follows: Baltimore Field 1St Addition, Lots 1-12, to the City of Waterloo, Black Hawk County, Iowa. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: July 1, 2013 July 1, 2013 July 1, 2013 July 1, 2013 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 1st day of July, 2013, and approved by the Mayor on the 1St day of July, 2013. ATTEST: lr-- Suzy Sciares, CMC City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5165 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 1st day of July, 2013. Witness my hand and seal of office this 1St day of July, 2013. SEAL Suzy hares, CMC��� City C erk Mayor BUCK CLARK CITY DF WATERL®®s IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street o Waterloo, Iowa 50703-5783 a (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: June 10, 2013 Prepared: June 5, 2013 Dept. Head Signature: COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 # of Attachments: 1 A SUBJIECT: Request to set the date of public hearing as June 24, 2013 for a request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R-1, R -P" Planned One and Two Family Residence District, to allow for the construction of 5 new single family homes on 1.13 acres generally bounded by Williston Avenue, Pleasant Street, W 7th Street and Allen Street (Williston Field). HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward .5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval, subject to the following conditions: 1) that that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc., 2) that the submitted house designs are compatible and exceed the design "features/extras" of existing homes to uplift and provide new excitement to the surrounding neighborhood, which includes attached garages, 1,110 square foot homes or larger, homes oriented towards W 7th Street as shown on the site plan, paved driveways, and setbacks as shown on the site plan, and 3) that the homes face W 7th Street and have their access from W 7th Street only. Summary Statement: Transmitted herewith is a request by Residential Development Partners, LLC (Jim Ellis) for a site plan amendment to the "R-1, R- P" Planned One and Two Family Residence District, to allow for the construction of 5 new single-family homes. All 5 of the proposed homes would face W 7th Street, and would have their driveways located along W 7th Street as well. The homes would be a minimum of 1,100 SF in size (per the development agreement between the applicant and the City), would have poured concrete basements and would have 2 -stall attached garages. The homes would be constructed with vinyl siding, with the potential option to add brick or rock along the bottom 4' (depending on the buyer of each lot). There would be two home designs proposed: a one and a half story home and a two story home. These are being proposed to better fit into the existing CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer neighborhood, as a majority of the homes in this area are one and half stories or two stories. The lots would vary slightly in size, ranging from 9,740 SF to 9,970 SF. They would also have widths ranging from 80' to 81.5'. The "R-1, R -P" District has a minimum lot size requirement of 9,000 SF per lot, as well as a 75' minimum lot width, so the requirements of the "R -P" designation would appear to be met. Given the fact that this area is zoned appropriately and has the necessary infrastructure to support this development, the proposed project would appear to be a good use of this otherwise vacant property, and would be compatible with the surrounding residential uses. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: N/A Background Information: The City of Waterloo recently took ownership of this property from Waterloo Community Schools, and rezoned it to "R-1, R -P" in 2011 in order to market it for residential redevelopment. Legal Description: Williston Field Addition, Lots 1-5. NA:sg Noel Anderson, Community Planning & Development Director. --file-- City of Waterloo Planning, Pro arnming and Zining C mmisslon June 4, 2013 Property Proposing Site Plan Amendment Williston Fi • ld R -P Sit , Plan Amendment Residential Devi: lo;l,ment Partners, LLC. L t 11 i UMW 01 I I ir III I W11110110! nail 11 1•.(1.1!I LaA Lii•111 J i F 1 m 1 m 2 CO r 6- a) c r 0 w 0 U .M1 0) y c O y c N 0 0 cfi c (ti 0 0 - Subject • Review and Change byl Drafting. REQUEST: APPLICANT: GENERAL DESCRIPTION: NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO REC. TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: June 4, 2013 FOR SITE PLAN AMENDMENT IN THE "R-1, R -P" PLANNED ONE AND TWO FAMILY RESIDENCE DISTRICT TO ALLOW FOR THE CONSTRUCTION OF 5 NEW SINGLE-FAMILY HOMES (WILLISTON FIELD). Residential Development Partners, LLC (Jim Ellis), 402 E 4th Street, Suite 101, Waterloo, Iowa 50703. The applicant is proposing the site plan amendment to the "R- 1, R -P" Planned One and Two Family Residence District, which would allow for construction of 5 new single-family homes. The request would not have a negative impact on the neighborhood, as the area is primarily residential in nature, consisting of mostly single-family homes. North — Single-family and multi -family dwellings, zoned "R-3" Multiple Family Residence District. South — Single-family homes, zoned "R-2" One and Two Family Residence District. East — Single -tamely homes, zoned "R-3" Multiple Residence District. West— Single-family homes, zoned "R-3" Multiple Family Residence District. All 5 lots would face W 7th Street, and would have their driveways from W 7th Street as well. W 7th Street is classified as a Local Street, and request to construct 5 new homes in this area would not appear to cause a negative impact on traffic conditions in this area. There is a sidewalk located along the west side of W 7th Street, the north side of Pleasant Street, and the north and south sides of Williston Avenue. There are no sidewalks located along Allen Street. New sidewalks would be required along the new lots once homes are developed. There are no recreational trails located near this property. The property in question is zoned "R-1, R -P" Planned One and Two Family Residence District, and has been zoned as such since 04/04/2011. Previously, the property was zoned "R-3" Multiple Family Residence District. Properties to the north, west and east are zoned "R-3" Multiple Family Residence District, and the properties to the south are zoned "R-2" One and Two Family Residence District. 06-04-13 Williston Field Jim Ellis Site Plan Amendment R-1, R-P.doc Page 1 of 4 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: June 4, 2013 This area started developing with homes in the 1920's. There would not be any screening requirements for this development. There do not appear to be any drainage issues. The property is located within the Zone AO 100 -year floodplain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community _ no' •1• • - - • : • I- '► • Waterloo has sent a detailed study of this area to FEMA in hopes of removing most of the Zone AO floodplain designation from this area. If FEMA does not remove this property from the floodplain, then the homes would have to be constructed in accordance with the floodplain regulations found within the Zoning Ordinance. PUBLIC/OPEN SPACES/SCHOOLS: This property was previously owned by the City of Waterloo (and rsly_lziAtatarloaxonmnity Schoole) ac an aspen space area. Irving Elementary School is located about 2 blocks to the northwest. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: There is a 36" sanitary sewer located within W 7th Street, and a 21" sanitary sewer located within Allen Street. A 15" storm sewer is located within Pleasant Street. There is a 6" water main located within W 7th Street, and a 12" water main located within Williston Avenue. There is an underground waterway (Dry Run Arch) that runs underneath Allen Street. It takes storm water from Bontrager and Liberty Parks, and flows into the Cedar River under the 6th Street Bridge. The Future Land Use Map (February 3, 2003) designates this site as Parks, Open Spaces and Schools. As this property is used as open space, the designation currently appears to be correct, although it could be updated to reflect the new use of the property. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. The City of Waterloo recently sold the property to the applicant, which was formerly an unused open space area. The City recently took steps to rezone a number of open 06-04-13 Williston Field Jim Ellis Site Plan Amendment R-1, R-P.doc Page 2 of 4 June 4, 2013 space areas in order to market them to residential developers, and it was rezoned from "R-3" Multiple Family Residence District to "R-1, R -P" Planned One and Two Family Residence District. The City did this in order to protect the neighborhood and require any development to go through the Site Plan Amendment process to provide the City with plans on how the lots were going to develop, such as house style, number of stories, garages, etc. This also gives the public a chance for input into the proposed development. The applicant is proposing to develop 5 new single-family homes on this property. All 5 of the proposed homes would face W 7th Street, and would have their driveways located along W 7 Street as well. The homes would be a minimum of 1,100 SF in size (per the development agreement between the applicant and the City), would have poured concrete basements and would have 2 - stall attached garages. The homes would be constructed with vinyl siding, with the potential option to add brick or rock along the bottom 4' (depending on the buyer of each lot). There would be two home designs proposed: a one and a half story home and a two story home. These are being proposed to •— STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: homes in this area are one and half stories or two stories. The lots would vary slightly in size, ranging from 9,740 SF to 9,970 SF. They would also have widths ranging from 80' to 81.5'. The "R-1, R -P" District has a minimum lot size requirement of 9,000 SF per lot, as well as a 75' minimum lot width, so the requirements of the "R -P" designation would appear to be met. When the property was rezoned to "R-1, R -P" in 2011, it was done so with the condition "that the development be highly scrutinized to provide a higher level of design and livability'. Items to be scrutinized include the design of the home for curb appeal, number of stories, setbacks, house size, garage, fencing, etc. Given the fact that this area is zoned appropriately and has the necessary infrastructure to support this development, the proposed project would appear to be a good use of this otherwise vacant property, and would be compatible with the surrounding residential uses. The applicant is proposing to plat this single lot into 5 individual lots. Therefore, staff recommends the request for site plan amendment in the "R-1, R -P" Planned One and Two Family Residence District be approved for the following 06-04-13 Williston Field Jim Ellis Site Plan Amendment R-1, R-P.doc Page 3 of 4 June 4, 2013 reasons: I. The request would have a positive impact on the area, by developing a currently vacant property. 2. The request would be in conformance with the Comprehensive Plan, and would be a good infill development that would utilize existing utilities and services. 3. The request would appear to meet all requirements of the Zoning Ordinance. And subject to the following conditions: - I t - 1 - 1 • • - regulations, etc. including, but not limited to, parking, landscaping, drainage, floodplain regulations, etc. 2. That the homes face W 7th Street and have their access from W 7th Street only. 3. That the submitted house designs are compatible and exceed the design "features/extras" of existing homes to uplift and provide new excitement to the surrounding neighborhood. This includes: a. Attached garages b. 1,100 SF or larger homes c. Homes oriented towards W 7th Street as shown on the site plan d. Paved driveways e. 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C 2 wo a) C '= 0 -C a. �O "O a) O CO 0)0.0 < CL 0 -0 C f6 C 0 N �-- N "6 •o -6 C wn 4_: 0 O oo o ca 0 I-- c`d m o Delinquent Act: cri g O O U C 3 N O a U C 0 -o.0 (6 • as a) O A L E O O p w - L o En- O O • X 3 U a) 11) O 3 6 O >, O A = 0 • 0 O fl L 0 C 13 0 O 0 a) 0 N O C C O n > > -() 0 0 ) O C A 0 6 U o 0) C c 0• C L a) U f6 O U O w= = O '0 a) N (6 C .0 Ca > O E O c o as E U 2 -0 w w 0 a) • r C w (1) c C O O (!) ai U s C O 0 > O C6 as c 0 1- > C-+ a9 A DURATION 0.1 The term of this Agreement shall be for one (1) ye O N 0 0 L C E O O - q(0 O al la-) E -2 O a)c E L • etiQ N 0 0 w 3 C CD 0 o > E U 2 O O E 'O • t'-$ C C6 CD E O ` a OAS E. 0 0 0 as E n N (6 = N c C 0 ($ C N Q > "mom c O 0 •O C ` C O .� 0 O E 0 C 0 _c z7 E o C 0)a • Q N C > .- 0 U 0 C a) m ` • C S • E o �8 O tt" 0 O4-. O O • C U O U C/J • O �C O • 0 N a) 0.0 cE • `� O c N Q ADMINISTRATIVE PROCEDURES The Waterloo Police Department agrees to: C a) O E O_ O V au)o a) O c 2 C C O C N ,0 O _ E_ a) `0- U O) LE,c > 0 o 0 ft O a) L -7 C U U 0 0 o A O M a) -o D- o > -C c >, O O _p v N L1 o -_) Q. r 0) 1 (6 N (1) a) C a) O s A co ,9 Na9 O U .O E O U C o '-co O c N a) rho C U 0 C C NO L- a) o O o _o A 0 U to 00 a) '0 C L of°0o -O o — a. 2 Li U)`O C N O - o ' j cL2 21 f0 O _c -O n N c O (0 U N o0 E a) U O c 0) E O _ N 0) N w NL c E 4 3 O C Ri L,U 0r/" II w- U ..-N a) To To o c _o .2 O omaa) E ca U AO fII � d Tar - O 0) 2 U O —O c UO a) O = N U .1)0o U Q C > U ) > 6 ca - O ,N O o a) LL 0 EL0,Uro "i o C O a5 N L1 w a.o ° o Ar n t O O C a) O N N CO 2 a ° c c O -o- --, 0) o -c > c a) a) IDa �a Ot o 0 0 Q 2 c O C O O a) O t) E o C '- O COC A O N a) a_C Cdo E o "mO !a) 8C80, N0CO u E 0 C15- 0)0— E po=roE (L N O (;): 0 0 o gO E —E> O' (0 =00 -o 3 µn a) a) .c CNO .0mO0a)oE<sLO0 •in> O) a 0) 0 0a)CO N NO ON U LL 'O.OE to, =o>m , m &w \ e\ { 8 2 o E » z 7 _ 0 . EwE .¢® r Z $ 013)( \\ k\��g o o±&= /) � 2%//E o «/»/ 9a \/ a m=a J$25 \ a) a.) )» // /)\/ƒ O ®_{\ \ƒ o� c° §8 / 7/§\ /f ƒm §//\5 E° o/ 7ƒ )J7\{ \ \\/° /° 4-1 CO \/f}\ > � o eg \ ur L.O0 / 8§/_ -0 -com n=G4_E t \/®� /j /§ \\{// \ //d /$ �\ 0HE0E e a~~ oo S§§E& t\ 00/0-0 \\\ \/ `#®\\ -c as em§a! 6®\ 6\ (®�°3 \\ //\ƒE �{a �@ ®as %ta0. \-% \2 44/2= >.0m/§ {\� ©K z Q«oE So ${[f\ 02E E /ƒ/ o- c)E]\ I—t> o •/»G // /Ro7 4 STATE OF IOWA BLACK HAWK COUNTY o C° -o tis n O caCD,L _o c.c S c 2" 4-. - 00 c (c6 a) O " >,,, ;.-o roU O� 0 0 ro c ° c O O` 12 -51i eA` m - o a) ° co o 0 a c 0§3 .O N" U if) N- a� ri c2 m °-®U c E o r- O a) c a7 HRn ® a 172 cli- 0 r-. >' 4-, L 4- +.' o co .� O c co 16 0) V)L-cc 4-4- O D N 4- ° a) ..p. Mc 0 C 0 O N O CJS; X 7 c "0 ° .0 o O w mo "U -o N 0 0 c j L-+ a) 'o = c -0 4"F ° LL � N ° +L-' �'C aye{� -o (0 (tl ca r-0 Ci c C OV c -' O N Z N4.+ E Cr) (Q 0 0 -0 0 E 4- 0 y_ Q 4"' N c Jr, O— O 0 N a) W c c co ° >' c m a) •0) "'' O 010 m 0 '� c O U ° O cncac S o > CO > c N A 0 °> � L. 0-0 N 0 = °-O o> :US. cas o ,c c �� SCHOOL DUST -ICT 0 0 0 w A m STATE OF IOWA c c 0 O E) >, d ea -0-2 L r o co O 0 U CV) O (0 E c N L O >- � 0 0 .` a x y -o 2 co 0 O)A- -O ❑ 0 • r V O O(1) O C TIM E c - U c o E O BLACK HAWK COUNTY Waterloo, >1a) o c gC)4i c 0 0 rH -H -1--) H (t a) 0 O o U H H HN (1) a) U -1 ` N -r I -1--) - N rti 00H .- rt W w ,—moi °' woCi ip 4-1 O N U E-1 O W U H 0 M fZH Haj �H� +' rte 0Z0 o a) o H r'>1 a) o O UN 0p O c a) Ho X �+N-y 0 x EH _p O 0) rci (ti -1-11-1 N N (>7 t0 a O W 00 d Z ?,al H 0 v 0 W� x o rf) 124 as 0 w _ 0 >1(Y) H U H H piQ rl >1>1 -h1 r-Ini � o N U)U [� b 0 .A -P l r4 oO ,-1 0� 0U � 'P Lf) ) Q � Q, O D 121 t H 0 O w -0 a) W Q O H O z F':0 4-1 V .O W E O �O 10 , O N O f W W x +) 04w H as W P4 EH 2 H O O .,U -I co j C 7 (y N Fit ri Zf W W OU O P ✓r0 -1--� 0 H W Q 0- H -H Q,9 ,H a) H (J) W N P� Ll O O 0 v) 0 H 0 Ill O o 0� � 0 O Q U (� 44 H W +y U I, U) >1p �40t1]U U 0 �u) 0 0 a) H • LH >1 a) a) a) W 4 o m -,- co -H rC •• U H W H -Po O co O w EH (1) 0 algin H(TSa)-P3 H N+:) S-1 H ,.� O N O O O EH I W r- -p 4--1 tn- (i) 0 a--) (d H KC U) 0 1 S 0 W w K, O 0 0 N -c V 0 m w y o H Q N - 3 0 N 4 5 o C U 0g we 55 a q t a o Q O UUR.la) is Thorson. P.E Submitted by: 0 V. 0 0'a0 CI 0 4: 0 ^C 0 U N H U O H O N -0 CTd ii0�� E'-' 0 N 'CalH c i,'O O . U o ,- w A O u 0 O d V 7'bzx a °c OH ed � 0zod�° vcd 44, -0 v xv � O Z av U (IDC u tin' ZO 5 L' - w0 W U •� N 0 U �•'� cd V .V U aj ni 0 set, Cd 0 rO R' (2 t ✓ U 0 en V .n V V� cd 0 4, d 0',:r Go U� UoCO0 qN U"du °�H O o E 0 O U 0-E= 4, �� 00 Expenditure Required ds, Vision Iowa, G.O. Bonds v 0 -o 0 Source of Funds z 0 0 Background Information: Waterloo, 4-1 ch O (V M •H U rn N k rn H Nc� U -p rI N UQ g -P H W Q 0 O 0J H(1 w 4) N O (z4J U > >1 A N a)in H a u) M CO N -u rz O H 3 O -r-I H O O •rl U 0 ((SH (2 H P-1 H v 0 4-1H a--) o �, POOH 0( x0l• FH U ) EH H cn Lr.Z H 0 04 • (tj +)�i � O HH i W H f 0cli U 11-1w N i<wQE-I 4i 00 i Z U) Z x 0 W r -I O r 1 Z H r4 0 U W Q Z O U N Hrri ZW EH a0E 1 H 0 P N 0 0 3NW U 0WoO0 a < Z < O r. Q'.°. ,"� H iW >M a w Zh ANO U ,Q HZjOHUZZ U 3 rr U P OU N U H tp — O + EH M ki oZw cn �° ° ICI Q HOZxH-P Q-� W'�� iP<HU . CV > 't 0O 1 1-1 H EH .:r. 0 H o a) (!) U -1HZ P coZ Zf, Xi4aNO g U, N O QUN A ,_ N N M H H W 4 4+ (n N 14 -P ro U) H U) 4-1 r4 +-) •H •H Co ai 3 U 4-1 0 C4 0 -I-) FC PASSED AND ADOPTED this 1st day of July, U U u) C7 N 4 U rH H cn E i N -I--) icC ICU 0 0 c rg '4 rd ".1 LL o 44 V 0 UUP.Q a F.Y. 2012 ORANGE SCHOOL S CID CT NO. 816 O U PERMIT TO THE IOWA DEPAR 0 v U C./) 0 z 0 U O • v� Z0 0'4 � o v m at 0 0 Q v Y Q • X O U 4.4 44c EI U c 70 0 • vr v • N G v A N • v o cr 4 w GE UNDER GENERAL 0 w 0 ladz 0 z H z w 0 0 z eferenced project. 0 0 ct 0 0 0 ce (ID 0 v ,. E 0 a a 0 v G 0 V N VD 0 c Cd U 0 O o v v x U b � 0 Expenditure Required Sanitary Sewer GO Bond Funds Source of Funds 0 z z Background Information: ER'S USE ONLY RIAL ACTIV No. 2 FOR "STORM WATER DISCHARGES ASSOCIATED WI F H a 3N o z E. V • A • z v) z V z. O 3x V 2a F Z cC o a � x M o zoz PERMIT INFORMATION Has this storm water discharge been previously permitted? If yes, please list authorization number Under what General Permit are you applying for coverage? General Permit No. 3 General Permit No. 2 General Permit No. 1 9 PERMIT FEE OPTIONS For coverage under the NPDES General Permit the following fees apply: m 0 0 C 0 N v v ro " ro T N O ��v O • NO •C E • 0 0 0) R ro m • 0 0 0 0 ✓ a a • k X crj X O o 0 N O M N n ea e w ✓ N N 0 w 0 vv. • E E E c.a)a) p . 0 N 0 0 ¢ • m d to ®❑❑❑ Checks should be made payable to: Iowa Depai lucent of Natural Resources. v a c F ¢ 0 O p 0 E x ¢ W .0 C4 coocn In N ¢ a 0 C CD C01 0 Cfcc 3 C m b m kl p0 ¢ C z • sur. zo 0 0 0, 3 b (0 C • '0 N m CO 0 R N N u ra a a m N co a a o O O b09 R 00) p C Na 0 C N o v b m m m • = cB cn o 0 0 v as u m o 'a V m 3 4 o a) r. C pv E o O • ab N O • V o 0 — p v ✓ m v t 0 ro 3 2 o � v ¢ a0. X or t5 0 Y ▪ . m o :(0 0 z E N 3 N ul v E c ¢ m . m c z v N C > E O v F 0 SIC CODE (General Permit No. 1 & 3 Applicants Only) SIC code refers to Standard Industrial Classification code number used to classify establishments by type of economic activity. DNR Form 542-1415 Be sure to complete both sides 05/2011 cmz W E..7 Z CRL4 3 (NI r4 3 N ,--1 TOWNSHIP z co co z m co z 0 F U W vl Cn un ti 1/4 SECTION W v) SW 0 0 O N a p z0 W N OUTFALL INFORMATION I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified people properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, this information is to the best of my knowledge and belief, true, accurate, and complete. I further certify that the terms and conditions of the general permit will be met. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. TITLE AND COMPANY NAME OF SIGNATORY: W Q L SIGNATURE: NAME: (print or type) DNR Form 542-1415 Be sure to complete both sides of this form 05/2011 cmz b N O z 0 0 L O d R v Y 0 0 0 b 0 0 Cr t0. Y X 0 .o Y u c u 0 vi F. E 0. 0 0 C) 1 F v 0 0 O N O G u y shed at least one day each in two newspapers at your own expense. The public notice must be p PUBLIC NOTICE OF STORM WATER DISCHARGE The City of Waterloo, IA plans to submit a Notice of Intent to the (applicant name) Iowa Department of Natural Resources to be covered under the NPDES General Permit a° =3b L. E c C ccDLA- �•" 0 C M 0. 01 O t) Cb x ..- .4 O a, `0 1 a, E y > WLR ii Y c v a c 3 u a L 0 N 01 n 3 m N V tai cm O y❑ td 2 c '❑ ❑ L ❑ c 'L ❑ o It o o m` c y u- y ❑.� .. y � 'a' �0 "y0 a a 0 0 4) ', .0 d •.'0' 0 V , x O aO c, V 4 '❑ V. tad U O 'L' O ❑ `. O .Z. N N U C Ly y y ❑) , ❑ ❑ 0 ., .el .0 U y C7 "' N tuco i, F �..❑ 0 o ti a C y h V L Q E o s O04 b y b o u a,❑ b L h tt Sy 0 0 b .L c m 0 u D .. 3 y b E.61,a O. O tti L., y Q tv NS cttzu ., O o0Q L L d a tz "c oaU u to 0 u A v H N point source(s) and will be discharged to The storm w; Storm water will be discharged from A2 M C 0 E y0 0 5 000 m ^O o t. V� V 0 H C) C) .... R I. y C 0 0 Ti0 v 0 0 0 .0 d dE 0 0 y : z z n o rb v d L v 3 > u v ui `, t 'v E a U ro Lo C QR 0 0 £ "o N 0 u 0 0 O 0 Y 0 0. L L o a , ro N N .0x E 0 E R ❑ y b • y ❑ N �, Cn o o 0 U 0 'O C R °.° r4 0 0 M 0 00 O A Q .00 L vi '' N = A co o ro b O m w x+ Ll ,o NLS tLil C) 0 0 0 L 0 o M Y .0 ›, tb . 0 0 )=10 Ih O X) 0 C ..o o G3, N .y E Q 0 O 5 0 ^o u 00 v , tt DNR Form 542-1415 05/2011 cmz Linnea Martinez 2 rH rH rH m N N N O >, N Z c O cc O � 2 Z v W w CC C ¢ RE: F.Y. 2012 Orange School Sanitary Sewer Extension u a, a U. VI F V N The Hudson Herald is the only other local paper to publish in 0 N Q II M (Mt co sin U./ O i N N C a) Z ¢ N 0) U) C N O_ O) N C O C) O m CI)N O O O O O et). F W o C o to 0 O X d W O O > L d U. N u i ) O c 3 • 0 0) v 0 O t c 0 C O N U X N W L N a a v ra a) c O. a co a 0 o 0 c c u Y aJ c L C 3 E 3 c O O 1.) N W o a) E • } cn a, N • Y 0 C Z ) oan aOV) .• a, , in — m 0. IS 00 .0 c O O c cr= U ? (3 N In ~ a cu E N o `o C > t C N L O. N W 0 a) C N U CO CCU >' O ON o 0 v m P z 2?p u u N O >: N .0 ▪ Q. a) N CO L' O ▪ m cO co tf) NI N-0 Z } Oa U .> E I Q m C N W W C O O (a v_ C O ~.{r C E C O ._c O 4 IE E ii N a) L 0 a O -"Et' N • 3 to 'c 0c¢:c E ▪ to -0 E C E>� �m Y ti 0 0 H w -p id • 4a cr) O m rI H U rn N 61 � H �m U O C) -ri n o - w O O O+-) H w -P H � O N ni -P U Cf) � 5r 'O rt� a) LO � H -P - H In g-rl 0 -r{ -H E -H 0 5-1 o P -I--) -H :i (1) H Q) O U) 4-J � W u) cn Q r -I -r-1 4-i O -101-1100.. HI O Z W U 4J .p Fx-i HEHO gc7.rl a) a)'0 -+12 U 3 W H H O u)N rtl a.X El ZQPU 5-+Q �>-'C1'-C) a) H H cci N ZH H a).C' Q O 0 (till 2 : t� ... +J 44 < r� Cf) P W -rl�, 3 0 Ti w W Z x a) T5 al O H N W OH H CO rl U5G-' fro 0 a) .5-i H 0 0 O 0 4 0 O t[3 O H Z ['12 0 H Q - H U 0 0 Ra r`C O D Z 3 f O oo QRZ 0 0+-} Q�j a'H Z EH�QH Ww �ai � px a) Z H 0$I a) rd O O S-1 -I-r -' . O W �N .'"f' 4-I H Hmf-IA O 0 Xi H > OON -,-.' H 1-1N �- C� O ' U • co a) w w w -H ---1 �: - a) QW O W Oal 1 H Z >1Z Q Ha) U) 4-1 a) _j 4 +-) a) ni O W .0 4) U U Cq Ai P >1 4-1 -p a) ,- -i O CD ni ,may �1 + +� J) p (Ii -r1 O a) O (1) -N 753Urx.- A APPROVING RESOLUTION NPDES COVERAGE PASSED AND ADOPTED this 1st O H U 4--J w OF WAIERLOO \ TON S 1 REET) Knutson. P. 0\ /\ cd /- /_§ cg 0 :/ o( 7.1 \� .-E \\ \ 05 on \ 0 c \ c\ E \j a§ /2 \\{ \ 0)( \ o (- = 2 za0 k> to §)\7 \ 0- .c5t \< )\d [{/2 0$« §(z§ 7 &>2 7%/\ This agreement is available in the City Clerk's office if you wish to Expenditure Required $5,000-6,000 CDBG funds; EDA Source of Funds [ \ cct\ \ \ 0 Cd2 0 0 \ \j\ \ Cd cpo 1 ) ! CCI \)\ ) ƒ?\ \ 4..+ j\\ P a) -0 >1 a) '0 4-1 o 4-1 4J a) a--) rd rd H Q -ri . .-� P H 4-1 1 1 ,--I -0 . a) a) -a-Jm -cl -Q 4-) . (-Y) U) co rti 0 OO N • rti p - LH NZ W HH W N a) 0 H a, E CO W Q F4 E- -I a- rd 3-' W w 7:,rt to ›..i U N U O U U rl -ri -HI oo�' �z0 0~) �roUX o arm to CHH H 0)(n u) H U 0) 4J a) U) O H`� L) Z�j0 o a, a) 1) . t) W H W rd H4 -I N .N -Po O W< >i rnZHD-1-rra ac) o 2 0 aH w • rn4J U Nis) Z O HTi -14 a) 0 a) H -P H 0 U U o \` 4-) N Q o H >. x W 1 O�� 0 rd al+ -i 3 H� o UaW>U -+ W >� �H Z 04-) U) H� Ha) r.)'Ci t�- � w � CO < >1 ,0 0 a) o Z F4 W g N U 0 Hl H f� zH HU �I H 0 0 HO + W ✓ rd 4-i s -I H 4J rd P ��-1H W W O 3 • G -U ro O U U cn 0 Z W CQ (I) a) 4 7 4-I u) • H (Z', W E 0 o a) co o 75 o 0 H Q')-, > a) P -HI 0 Lk ,S� � rd 3 O U M co A O >1 a Li-)m�+ 0 N .0 -I, a) -P 04 r— •N 0-' 0< rdUY--' o ;U [ fY) N CI • ;PI •m a Qii;gtet •6Uex 0 UUwA 4-10 0 0 3 4 Z aa) ›-. o • 0 cel I 0 et 04°a U � r~� 48 z 01 ment Direct 0 Submitted by: Noel Anderson, Communi Recommended City Council Action: Approval 0 _cat - 0 2 a) "U 04 e0 >, v ov?.a 0 O bA 0cs 8 rg .9-I v 0 'C � O +� y } ,ate; o o • 0 "0 0 bA j) 2 o '0 s8 a O 6 tab o O • w - o ▪ gv r o c0 o• 7P0 O 0 0 -0 e4 -4U o - ° 0 • r 0 0 cd a +� • U 5 • 0 0 b• uena 0.) �• rC8 Fi 0 o cd `° .7:12 • Uo •� v) cC O cd bA 0 o En bA • o 0 ,4 P 0 � T • H '�?11 r-� W Q W O rl N m Z H '. a ,-, tv< aw i yz� a� ��'z wza't w �u os e Q° ouk o o>x? °3 tl ° GREENWOOD Expenditure Required. None Source of Funds: N/A Policy Issue: Property Management Alternative: i •i O o • Q, O o • crs Tit a) a°' y ,c •o 1 041 0 • CD ti Tr } 1:4)• • < ct RI sal �cdczt Legal Description: See attached. Waterloo, AGREEMENT C7 z W tJ) a124 W w a• H O CDO G4 PQ a z O a w H a4 14 41 OZEn H W 1 4J cn N 0 SC 0 > (f) O 4U g a a) °' O W O --H 0 E o H -P O H 0 ' w4i o HU H � V 0 x 0-)� +�o O in >1 3 U HM(1) 4H rd U N P 4 .4-3 W -H '0 O U W • x H O O (I) rd 'd > PI >i rd N W > -0 O rd O O -P W i _ O •H W rI CQU) 0 - ) 4.1 rd0 O 03 N 0 w�0,� au) x a cd O 0 W off t)-1• cll 0 W o N U Mo s~ N 4(N 3 W i X -0 tn- 0 0 -H N COUNCIL OF Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 07/01/13 Prepared: 06/25/13 zp, Dept. Head Signature: - # of Attachments: 3 SUBJECT: Acceptance of Total Acquisition Contract for: Parcel #8913-16.301- 001, Auditor Whitney Road Plat Part of Lot 54, generally located at the southeast corner of North Hackett Road and Greenwood Avenue, Prairie Construction Company, Inc., successor in interest to Jens Olesen & Sons Construction Company, $35,500.00, plus up to $1,000 in closing expenses. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Adopt a resolution approving the total acquisition contract. Summary Statement: Acceptance of total acquisition contract for Parcel #8913-16- 301-001 as part of the Sherwood Park Recreation Area and Hartman Reserve Nature Center Additions Project. Expenditure Required: $35,500.00 plus up to $1,000.00 in closing expenses. BOB GREENWOOD At -Large STEVE SCHMITT At -Large Source of Funds: Department of Natural Resources Resource Enhancement and Protection (REAP) Fund Grant, grant agreement number 12-R4-XQ. Policy Issue: N/A Alternative: N/A Background Information: The City Council previously approved the application and grant agreement for the implementation of a Resource Enhancement and Protection Fund Grant agreement (REAP) to assist the City of Waterloo in the acquisition and development of land for the enhancement and protection of open space areas in the Sherwood Park area. The Total Acquisition Contract is subject to the City Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Total Acquisition Contract for the property in question. The purchase price is based on the appraised value for the property. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Legal Description: AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 Fl 8 IN TO RT OF WAY OF C RI &P RR TH NWLY 585 FI TO ROAD ON SEC LINE TH313 FI 6INNTO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG. CC: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner file TOTAL ACQUISITION CONTRACT PARCEL NO. 8913-16-301-001 COUNTY Black Hawk PROJECT Sherwood Park Area Property Acquisitions ROAD NO. N/A rHIS AGREEMENT is made and entered into this 18thday of June ,A.D, 20 13 by and between Prairie Construction Company Inc., successor In interest to Jens Olesen 8 Sons Construction Company Seller, and City of Waterloo, Iowa, Buyer. SELLER AGREES to sell and furnish to Buyer a deed, on form(s) furnished by the Buyer, and Buyer agrees to buy the following real estate, hereinafter Parcel No. 8913-16-301-001 in The City of Waterloo ,State of Iowa, and more particularly described as AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 FT 8 IN TO RT OF WAY OF CRI & P R R TH NWLY 585 FT TO ROAD ON SEC LINE TH 313 FT 6 IN N TO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG, which includes the following buildings, improvements and other property: None, land only. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and discharges the Buyer from liability because of this contract and the construction of this public improvement project. 2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and enjoyment of the premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Sellers intention to do so by calling Buyer at (319) 291-4366. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and 10 surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ 35 500 Total Lump Sum Right of Possession 90 days after the date set forth above BREAKDOWN: ac.= acres sq,ft. = square feet Land by Fee Title 62,290.80 sq.ft. $ 35,500 Underlying Fee Title 1.43 ac./sq.ft. $ 24,825.17 NoesPropeAy-appraised-et $35300 by -Reny -Appraisal, LLC, November 16, 2012. Land and all other improvements including fence $ Building $ r -Falls, IA 50613 -dated SELLER WARRANTS that there are no tenants on the premises holding under the lease except: 5. This contract shall apply to and bind the legal successors in interest of the Seiler and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: S. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 2 pages. 7. Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses one. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party. The abstract shall become the properly of Buyer when the Offer Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Finance Authority. 3, If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller, 2. SELLER AGREES to keep fire, tornado, extended coverage and added perils insurance in the minimum amount of 1 $ payable to all parties as their interests may appear from this date until delivery of the deed and possession. Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises from causes covered by the insurance SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS to Buyer any and all of Sellers rights under such insurance contract. 10. CONTINGENCIES: This contract shall become effective only upon the acceptance and approval of it by the City Council of the City of Waterloo, and the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities (if determined necessary by the City of Waterloo). I I. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided herein. SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lu sum payment shown herein is just and unpaid. cheek L. Christiason Prairie Construction Company Inc., successor in Interest to Jens Olesen & Sons Construction Company FEIN# - APPROV ' COM NDE Y: (9.18.13 Planning Director (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: RESOLUTION NO. 2 kola: Basod[sa s eamrsF r4< . Hawk County. Th1s ma. es , dunet rapresenl • sway. no Eabny it mad for Nw • aecory of the data d•rneps•a h.+ ma. .pher aapesseder a by Brack Fmk Wuay, Iha ac 1.1.* Caumy A..•smr, ortheb employ. The City¢} NSrvka msY•. M wan•nty. •.p•.. or b,diad •. of tm o,lenn.tian.n•ww en Ills map, and•v....sly dosdai,rs kab'ry fur rhs accuracy !bawd,. U.. es sMUYI rats, to afAcial pals, always. ranrdadd•ods, sty loured at the Brads Hawk County Assess -Ws Olf. far mmpkle ant acc ara Information. Propery To Be Acquired No. 8913-16-301-001 1 3 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-569 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACT TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED. WHEREAS, the City of Waterloo, Iowa, has had the parcel described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcel is in conjunction with the Sherwood Park Recreation Area and Hartman Reserve Nature Center Addition Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcel hereinafter described to sell the same to the City of Waterloo, Iowa, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the property from the owner thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property and the incidental expenses necessary to the consummation of the sale from City funds. The subject parcel is: Owner - Prairie Construction Company, Inc., successor in interest to Jens Olesen & Sons Construction Company Parcel No. - 8913-16-301-001 Total Acquisition - $35,500.00, plus up to $1,000.00 in closing costs Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 0 01 13 Prepared: 06/25/13 Dept. Head Signature: # of Attachments: 3 SUBJECT: Acceptance of Total Acquisition Contract for: Parcel #8913-16-301- 001, Auditor Whitney Road Plat Part of Lot 54, generally located at the southeast corner of North Hackett Road and Greenwood Avenue, Prairie Construction Company, Inc., successor in interest to Jens Olesen & Sons Construction Company, $35,500.00, plus up to $1,000 in closing expenses. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Adopt a resolution approving the total acquisition contract. Summary Statements Acceptance of total acquisition contract for Parcel #8913-16- 301-001 as part of the Sherwood Park Recreation Area and Hartman Reserve Nature Center Additions Project. Expenditure Required: $35,500.00 plus up to $1,000.00 in closing expenses. Source of Funds: Department of Natural Resources Resource Enhancement and Protection (REAP) Fund Grant, grant agreement number 12-R4-XQ. Policy Issue: N/A Alternative: N/A Background Information: The City Council previously approved the application and grant agreement for the implementation of a Resource Enhancement and Protection Fund Grant agreement (REAP) to assist the City of Waterloo in the acquisition and development of land for the enhancement and protection of open space areas in the Sherwood Park area. The Total Acquisition Contract is subject to the City Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Total Acquisition Contract for the property in question. The purchase price is based on the appraised value for the property. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Legal Description: AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 FT 8 IN TO RT OF WAY OF C RI&PRRTHNWLY 585 1,1 TO ROAD ON SEC LINE TH 313 FT6IN NTO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG. CC: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner file TOTAL ACQUISITION CONTRACT PARCEL NO. 8913-16-301-001 COUNTY Block Hawk PROJECT Sherwood Park Area Property Acquisitions ROAD NO, N/A THIS AGREEMENT is made and entered Into this 18 thday of June A.D, 20 13 by and between Prairie Construction Company Inc., successor in interest to Jens Olesen & Sons Construction Company Seller, and City of Waterloo, Iowa, Buyer. SELLER AGREES to sell and furnish to Buyer a deed, on form(s) furnished by the Buyer, and Buyer agrees to buy the following real estate, hereinafter Parcel No. 8913-16-301-001 in the City of Waterloo ,State of Iowa, and more particularly described as AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 FT 8 IN TO RT OF WAY OF CRI & P R R TH NWLY 585 FT TO ROAD ON SEC LINE TH 313 FT 6 IN N TO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG, which includes the following buildings, improvements and other property: None, and only. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the Terms of this contract and discharges the Buyer from liability because of this contract and the construction of this public improvement project. 2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and enjoyment of the premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Sellers intention to do so by calling Buyer at (319) 291-4366. 3, Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ 35,500 Total Lump Sum Right of Possession 90 days atter the date set forth above BREAKDOWN: ac.= acres sq.H. =square feet Land by Fee Title 62,290.80 sq.ft. $ 35,500 Underlying Fee Title 1.43 ac./sq.ft. $ 24,825.17 Notes: Property appraised at $35,500 by Rally Appraisal, LLC, 2302 November 16, 2012. Land and all other improvements including fence $ Building $ W 7,1 Street, Cedar Falls, IA 50613, dated 4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: 5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of Penholders are: 6. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 2 pages. 7. Seller shall promptly provide fo Buyer an abstract of title to the Property, if Seller possesses one. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association, The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party, The abstract shall become the property of Buyer when the Offer Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Finance Authority. 8. It the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the lime of this contract, Buyer will pay any remaining proceeds to the survivor of That joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. SELLER AGREES to keep fire, tornado, extended coverage and added perils insurance in the minimum amount of 1 $ ,payable to all parties as their interests may appear from this date until delivery of the deed and possession. Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises from causes covered by the insurance, SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS to Buyer any and all of Seller's rights under such insurance contract. 10. CONTINGENCIES: This contract shall become effective only upon the acceptance and approval of it by the City Council of the City of Waterloo, and the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities (if determined necessary by the City of Waterloo). 11. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement fo do or not to do any act or deed except as specifically provided herein. SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lu sum payment shown herein is just and unpaid. Michael L. Christiason Prairie Construction Company Inc., successor in interest to Jens Olesen & Sons Construction Company FEIN# - 41.1011111111 XX. APPROV Planning Director APPROVED BY: DATE APPROVED: (Mayor/ 7 2 ATTEST: <9.)3.13 (Drte) (City Clerk) RESOLUTION NO. cO L i —5C591 Holo: 8.10 ma, dab soma H Black Hank County. Thls map does not aopuesenl a sunny, no liabdty is assumed lot Ihe accuracy of lila dela deyneeled herein. dither expressed or bnphed by Black Hank County. Un Bhdr Hawk County Assessor, or Mak enployeos. The City of Waterloo makes no wanenly, espmss at knpliad, as to No tocumcy of the information ahowl an Ms map. end expressly disclaims IlabMty lot the <arecytheme!. Users should nater le official phis, surveys, rowrded deeds, etc. located at the Black Hank County Assessor's IXf ter compaele end accurate INomulion. Propery To Be Acquired No. 8913-16-301-001 TOTAL ACQUISITION CONTRACT PARCEL NO. 8913-16-301-001 COUNTY Black Hawk PROJECT Sherwood Park Area Property Acquisitions ROAD NO. N/A THIS AGREEMENT Is made and entered Into this 18thday of June ,A.D, 20 13 by and between Prairie Construction Company Inc., successor in Interest to Jens Olesen & Sons Construction Company Seller, and City of Waterloo, Iowa, Buyer. SELLER AGREES to sell and furnish to Buyer a deed, on form(s) furnished by the Buyer, and Buyer agrees to buy the following real estate, hereinafter Parcel No. 8913-16-301-001 in the City of Waterloo ,Slate of Iowa, and more particularly described as AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 Fr 8 IN TO RT OF WAY OF CRI & P R R TH NWLY 585 FT TO ROAD ON SEC LINE TH 313 FT 6 IN N TO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG, which includes the following buildings, improvements and other properly: None, land only. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and discharges the Buyer from liability because of this contract and the construction of this public improvement project. 2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and enjoyment of the premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Sellers intention to do so by calling Buyer at (319) 291-4366. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ 35,500 Total Lump Sum Right of Possession 90 days after the date set forth above BREAKDOWN: ac .= acres sq.ff. = square feet Land by Fee Title 62290.80 sq.ft. $ 35 500 Underlying Fee Title 1.43 ac./sq.ft. $ 24 825.17 Notes: Property appraised at $35,500 by Rally Appraisal, LLC, 2302 November 16, 2012. Land and all other improvements including fence $ Building $ W In Street, Cedar Falls, IA 50613, dated 4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: 5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: 6. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 2 pages. 7. Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses one. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party. The abstract shall become the property of Buyer when the Offer Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Finance Authority. 8. It the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common al the time of this contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. SELLER AGREES to keep fire, tornado, extended coverage and added perils insurance in the minimum amount of 1 $ ,payable to all parties as their interests may appear from this date until delivery of the deed and possession. Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises from causes covered by the insurance, SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS to Buyer any and all of Seller's rights under such insurance contract. 1 O. CONTINGENCIES: This contract shall become effective only upon the acceptance and approval of it by the City Council of the City of Waterloo, and the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities (if determined necessary by the City of Waterloo). 11. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided herein. SELLER'S SIGNATURE AND CLAIMANTS CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lu sum payment shown herein is just and unpaid. Michael L. Christiason Prairie Construction Company Inc., successor In Interest to Jens Olesen & Sons Construction Company FEIN# - 4111110111.11. APPROV Planning Director APPROVED BY: DATE APPROVED: 2 18,13 (D ATTEST "�- (City Clerk) RESOLUTION NO. c� 3 5(0fQ fila tn.), .,Pe• net nip,' Pent • rpm, Feblay Propery To Be Acquired TOTAL ACQUISITION CONTRACT PARCEL NO. 8913-16-301-001 COUNTY Black Hawk PROJECT Sherwood Park Area Properly Acquisitions ROAD NO. N/A THIS AGREEMENT is made and entered into this 18thday of June ,A.D, 20 13 by and between Prairie Construction Company Inc., successor In Interest to Jens Olesen & Sons Construction Company Seller, and City of Waterloo, Iowa, Buyer. SELLER AGREES fo sell and furnish to Buyer a deed, on form(s) furnished by the Buyer, and Buyer agrees fo buy the following real estate, hereinafter Parcel No. 8913-16-301-001 in the City of Waterloo State of Iowa, and more particularly described as AUDITOR WHITNEY ROAD PLAT PART OF LOT 54 COM AT NWLY COR LOT 19 SHERWOOD PARK TH SELY 668 FT 8 IN TO RT OF WAY OF CRI & P R R TH NWLY 585 FT TO ROAD ON SEC LINE TH 313 FT 6 IN N TO COUNTY ROAD TH WELY 471 FT 10 IN TO BEG, which includes the following buildings, improvements and other properly: None, land only. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and discharges the Buyer from liability because of this contract and the constriction of this public improvement project. 2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and enjoyment of the premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ 35,500 Total Lump Sum Right of Possession 90 days atter the date set forth above BREAKDOWN: ac .= acres sq.ft. = square feet Land by Fee Title 62,290.80 sq.ft. $ 35 500 Underlying Fee Title 1.43 ac./sq.ff. $ 24,825.17 Notes: Properly appraised at $35,500 by Rally Appraisal, LLC, 2302 November 16, 2012. Land and all other improvements including fence $ Building $ W In Street, Cedar Falls, 1A 50613, dated 4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: 5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including at taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: 6. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 2 pages. 7. Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses one. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the ocher party. The abstract shall become the property of Buyer when the Offer Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Finance Authority. 8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this contract, Buyer will pay any remaining proceeds lo the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. SELLER AGREES to keep fire, tornado, extended coverage and added perils insurance in the minimum amount of 1 $ ,payable to all parties as their interests may appear from this date until delivery of the deed and possession. Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises from causes covered by the insurance, SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS to Buyer any and all of Sellers rights under such insurance contract. 10. CONTINGENCIES: This contract shall become effective only upon the acceptance and approval of it by the City Council of the City of Waterloo, and the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities (if determined necessary by the City of Waterloo). 11. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided herein. SELLERS SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total Iu • sum payment shown herein is just and unpaid. XX. 4d / s►ice M chael L. Christiason Prairie Construction Company Inc., successor in interest to Jens Olesen & Sons Construction Company FEIN# - APPROV Planning Director APPROVED BY: DATE APPROVED: (MM or) 2 ATTEST: 6,)8.13 . � C Date) RESOLUTION NO. • • i" ity Ierk) Nun; R.I. may data sown Is Hay. o*Courc This smP dua and rayrutflh.nl i a rwust ro liabAp Is ....d fur N.a amxaay at Ha dab. &Frrabd Mnls, Mot or IM .r *ASSN!,kCC.d or Wipnad byHark County, yna Base* Hrvk County ASSN!,or Nay oni.lgan. TM City or Vistarlea msyas no wank*,masa or bnyIisd, as la IM &ming of U. *dwmagens*vmi on ith map, and s aady disdains Wbly.Iha occurs, 9nWarsx. Wars should refx to eras' plate. swvsys, word.d dsada, ak. lra. st Ma &ark Haw* Cos* Asamor'sOm for corm.. &rN acwnl. */omwtlon. Propery To Be Acquired No. 8913-16-301-001 0 200 400 800 Fees Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: July 1, 2013 Prepared: Tune 26, 2013 Dept. Head Signature: # of Attachments: 5 11(26n,--9,itf,5;;21vo COUNCIL MEMBERS SUBJECT: Request by Phillip Douglas to rezone approximately 1.3 acres from "R-2" One and Two Family Residence District to, "C -P" Planned Commercial Zoning District for the DAVID purpose of constructing a 60' x 120' commercial building. JONES Ward 1 Submitted by: Noel Anderson, Community Planning & Development Director CAROLYN Recommended City Council Action: That the City Council set a date of public hearing COLE and publish an official notice pertinent to the requested site rezone. Ward 2 HAROLD Summary Statement: The applicant is requesting to rezone the site in question to allow for GETTY the construction of a 60' x 120" commercial building for the storage of personal items. Ward 3 QUENTIN The site in question had a home that was demolished in 2008 by the present owner. HART There are two remaining garages on the site that where built in 1916 and 2007. Accessory Ward 4 structures without a permitted use are not allowed in residentially zoned districts which is the reason for the request to rezone from "R-2" One and Two Family Residents district to RON "C -P" Planned Commercial District. Therefore this rezone will not only allow the building WEEPER of new structure but will legalize the two existing garages on the site. Ward 5 BOB At the March 5, 2013 Planning, Programming and Zoning Commission meeting, the GREENWOOD commission voted unanimously to approve the requested rezone. At -Large STEVE Expenditure Required: N/A SCHMITT At -Large Source of Funds: N/A Policy Issue: Rezone/Land Use Alternative: N/A Background Informations Cc: Aric Schreoder, City Planner Noel Anderson- Community Planning and Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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: DEVELOPMENT HISTORY: March 5, 2013 Request to rezone approximately 1.3 acres from "R-2" One and Two Family Residence District to, "C -P" Planned Commercial Zoning District for the purpose of constructing a 60' x 120' commercial building. Jim Blackledge of Iowa Post Frame Builders on behalf of Philip Douglas of Long Beach California The applicant is requesting to rezone the site in question to allow for the construction of a 60' x 120" commercial building for the storage of personal items. The area in question has a mix of uses, which include "R-2" immediately to the north, "C -P" Planned Commercial to the northeast, "R-3", "R -P" Planned Multifamily Residential District immediately to the east, which includes a recently approved Hobby Farm. To the south there is a railroad line separating the area in question from Highland Park which is zoned "R-2" One and two Family District. It would appear that there would not be a negative impact on the surrounding area. The property is located at the southwest corner of Martin Luther King Jr. Drive and Idaho street. Martin Luther King Jr. Drive is classified as a Major Arterial while Idaho Street is classified as a Minor Arterial street. There is a sidewalk along the east side of Idaho Street and a Bike/Walk way along the north side of Martin Luther King Jr. Drive. The proposed rezone and construction of a commercial building on the site in question would not appear to have a negative impact on pedestrian or vehicular traffic in the area. There is Bike/Walk way along the north side of Martin Luther King Jr. Drive that includes a trailhead at the northeast corner of Idaho and Martin Luther King Jr. Drive. The Bike/Walkway runs east and west from North Elk Run Road to the corner of Vine and Lane Streets. It would appear that the proposed rezone and construction of a commercial building would not have a negative impact on the trail. The proposed rezone area is currently zoned "R-2" One and Two Family District and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. The area in question has seen very little new development The area in question has a mix of uses, which include "C-1" immediately to the north, "C -P" Planned Commercial to the northeast, "R-3", "R -P" Planned Multifamily Residential District immediately to the east, which includes a recently approved Hobby Farm. To the south there is a railroad line separating the area in question from Highland Park which is zoned "R-2" One and two Family District. R-2 to C -1,C -Z at 130 Jackson Street for Mini Storage Page 1 of 3 BUFFERS/ SCREENING: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: March 5, 2013 At this time, there would not appear to be any need for screening. Appropriate drainage plans would have to be submitted with any site plans before a building permit is issued. The area to be rezoned is in the Zone C, which is not a special flood hazard area as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 2011. East High School is located approximately 1 mile to the west of the site, Highland park is to the immediate south, and Ferguson Field is '% miles to the north. There are 3 waterline stubs in the intersection of Idaho and Martin Luther King Jr. Drive but no water main serves the area. There is no sanitary sewer to survey the area. The applicant however, does not plan to have bathrooms or running water to the commercial building. The Future Land Use Map designates this area as Mixed Commercial, Medium to High Density Residential, and professional Offices. The construction of a commercial building would appear to be in conformance with the Future Land Use Plan and Comprehensive Plan. Staff feels that by requiring the "C -P" Planned Commercial District, the proposed project can be carefully reviewed by the planning staff, Planning and Zoning Commission, and City Council to ensure that the proposed building will fit in with current and future developments. The proposed rezone would comprise of 1.3 acres owned by the applicant. The applicant has submitted a site plan indicating a 60' x 120' commercial building to be constructed on the site. The site in question had a home that was demolished in 2008 by the present owner. There are two remaining garages on the site that where built in 1916 and 2007. Accessory structures without a permitted use are not allowed in residentially zoned districts which is the reason for the request to rezone from "R-2" One and Two Family Residents district to "C -P" Planned Commercial District. Therefore this rezone will not only allow the building of new structure but will legalize the two existing garages on the site. City code requires that a structure that disturbs 5,000 sq ft or more will be required to have storm water retention plans submitted to the engineering department prior to a permit being issued. The applicant has agreed to submit such plans when and if the rezone request is approved. A portion of the area requested to be rezoned was formerly owned by the City of Waterloo and was sold to the applicant. This portion is labeled parcel "C" in the plat of survey and was a disposal parcel that remained after the construction of MLK Jr. Drive. As required, staff did offer the disposal parcel to the R-2 to C -1,C -Z at 130 Jackson Street for Mini Storage Page 2 of 3 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 5, 2013 original property owner who declined to purchase the parcel from the city. Staff met with the builder Jim Blackledge to discuss the overall esthetic look of the building so as to ensure that the building will have a quality professional look in a highly visible corner location. It was decide that the building will have wainscoating, contrasting corner trim, two sliding doors, windows on the east side and north sides of the building There is no platting required for this request. Therefore, staff recommends the request to rezone approximately 1.3 acres from "R-2" One and Two Family Residence District to, "C -P" Planned Commercial District for the purpose of constructing a 60' x 120' commercial building at the Southwest corner of MLK Jr. Drive and Idaho Street be approved for the following reasons: 1. The proposed storage facility would not appear to be out of character with the area nor would it have a negative impact on the neighborhood. And subject to the following conditions: 1. That the final site plan meet all requirements including but not limited to drainage, landscaping, screening, hard surface vehicle use areas etc. 2. That there be wainscoating surrounding the entire building, including the sliding doors, contrasting corner trim, and at least two windows on the east and north sides of the building. R-2 to C -1,C -Z at 130 Jackson Street for Mini Storage Page 3 of 3 r Paul H. Holland, 1107 Technology Parkway, Cedar Falls, Iowa 50613-6951,(319)-266-016 LOCATION MAP MARTIN LUTHER KING JR. DRIVE PROPOSED 1 REZONING ' ea2 r 6� 1.3 10.0' 10.0' ki F Proprietor: Philip Douglas a IDAHO STREET HELLAND ENGINEERING & SURVEYING, LTD. 110 Cedar rFTeahnolowa 50613y Cod) -56M161 50610L951 (a1s)-zse.olsl 1 SHEET 1 OF 1 -7V 78.4' - DUESOUTH (BEARINGS ARE ASSUMED) 25' S 1000 SET NO. 4 REBAR X 24° LONG W/ORANGE PLASTIC CAP #6505 (009 RECORDED AS FILE NAME: 13-100.OWG SCALE: 1°= 50' PROJECT #13-100 OPC PLASTIC CAP (0 -ORANGE, R=RED, Y=YELLOW) PROPOSED REZONING OF PART OF SW 1/4 SEC. 19-T89N-R12W WATERLOO, BLACK HAWK COUNTY, IOWA FOR IOWA POST FRAME BUILDERS L.C. WEST SIDE-GABLE SIDE 2 ELEVATION (11 EAST SIDE-GABLE SIDE 1 ELEVATION (i El E 1 1 17 1=1 -1 ___I City of Waterloo Planning, Programming and Zoning Commission March 5, 2013 -1'30210 t Le,' "tifP ) 6 V laq 4 ,• . , P SW Corner of MLK Jr Dr and Idaho St Rezone R-2 to C-2 Philip Douglas THIS PLAT REPRESENTS A SURVEY OF PARCEL "C" That part of parcel described in Fee Book No. 2007-017399 in the Office of the Black Hawk County Recorder, being a part of the Southwest Fractional Quarter (SW FRL 1/4) of Section No. 19, Township No. 89 North, Range No. 12 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of said Southwest Fractional Quarter, point being a found 1 "o.d. iron pinched pipe; thence along the East line of said Southwest Fractional Quarter Due South a distance of 728,85 feet; thence Due West a distance of 49.5 feet to the West right-of-way line of Idaho Street, point being the Southeasterly corner of Martin Luther King Jr. Drive right-of-way being described in Land Book 568 Page 308 in the Office of the Black Hawk County Recorder, point being a set 4" rebar with license #6505 and also being the point of beginning; thence along said West right-of-way line Due South a distance of 78.4 feet to a found W rebar; thence along said West right-of-way line South 10°45' West a distance of 160.65 feet to the Northerly right-of-way line of the Union Pacific Railroad Company (formerly the Chicago and North Westem Railway Company and formerly the Chicago Great Western Railway Company), point being a found %," rebar with license #3641; thence along sald Northerly right-of-way line North 85`45% West a distance of 171.6 feet to a found %" rebar with license #3641; thence along said Northerly right-of-way line North 00011' East a distance of 50.05 feet (recorded as 50 feet) to a found rebar with license #7811; thence along said Northerly right-of-way line North 84952' West a distance of 67.05 feet to the Southwesterly corner of parcel described in Fee Book No. 2007-017399, point being a found 1"21 solid iron pin; thence along the West line of said parcel described in Fee Book No. 2007-017399 North 00001W West a distance of 80.0 feet to said Southerly right-of-way line of Martin Luther King Jr. Drive, point being a set Y" rebar with license #6505; thence along said Southerly right-of-way line North 57'03' East a distance of 95.35 feet to a set 1/2" rebar with license #6505; thence along said Southerly right-of-way line North 65»0734' East a distance of 168,3 feet to a set %z" rebar with license #6505; thence along said Southerly right-of-way line South 44°53' East a distance of 49.6 feet to the point of beginning. Containing 1.17 acres. Subject to easements of record and not of record. Note: The East line of said Southwest Fractional Quarter is assumed to bear Due South for this description. cooieoor1 KVA L5 s6 Di& et0ziezi90 DESCRIPTION, PARCEL 'Cr A PARCEL SITUATED IN PART OF THE SOUTHWEST FRACTIONAL 1/4 OF SECTION 'S. -TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE STFI P.M.. CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA. MORE FARTIGULARLY DESCRIBED AS FOLLOWS, COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST FRACTIONAL 1/4 :THENCE SOUTH Cita IDEOREESI 05' )MINUTES) 5S- ISECON05) EA5T (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF SAID SOUTHWEST FRACTIONAL 1/4, A DISTANCE OF T28_85 FEET; THENCE SOUTH 88°54'05' WEST. 49.50 FEET TO A CORNER OF PARCEL 'C' THAT 15 RECORDED IN DOCUMENT 2007023/85 IN THE BLACK HAWK COUNTY RECORDER'S OFFICE. ALSO BEING ON THE PRESENT SOUTHEASTERLY RICHT-OF-WAY LINE OF MARTIN LUTHER KING, JR. DRIVE' THENCE NORTH 4S' SB'S5' WEST ON THE NORTHERLY LINE OF SATO PARCEL 'C'. ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF MARTIN LUTHER KING, JR, DRIVE, 49.60 FEET) THENCE SOUTH 5401'50' HEST ON THE NORTHERLY LINE OF SAID PARCEL 'C', ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY OF MARTIN LUTHER RING, JR., DRIVE, 168.30 FEET, THENCE SOUTH 55"57'05- WEST ON THE NORTHERLY LINE OF SAID PARCEL 'C', ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF MARTIN LUTHER KING, JR.ORIVE. 95.3S FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: )HENCE SOUTH 00407.25- EAST ON THE WESTERLY LINE OF SAID PARCEL 'C'.80.00 FEET TO THE PRESENT NORTHERLY RIGHT -DF -WAY LINE OF THE UNION PACIFIC RAILROAD PROPERTY' THENCE NORTH 06°28.39" WEST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD PROPERTY_ 110.00 FEET) THENCE NORTH 67°31'40' EAST, 181.93 FEET TO THE POINT OF BEGINNING, CONTAINING 6.770 SQUARE FEET OR 0.IG ACRE. ® EarthTech A artaamthn®I LM. Compsnv THIS PLAT OH SUDOIYl5ION HAS BEEN REVIEWED DY THE CIiI OF WATERLOO. IOWA SIwncitrip f City OYalnancc AdminI al -rotor SHEET 2 OF 2 2) POINT LETTER O -ca_ Jo 140•Ittl 44 1.41.444 be( 4444,..•.. 5. MART IN G I 11;s'INSIONt1E8&EMI k10d=D.URYE'V111T9.0th . TYP•, EEN 11.;nra.a; De/9a/p:1. 1 t 1 ii4:41VNiCavtY 1 ° 2 J VD11H A IKpARTMY RECc4 a F1a.2010-00024184 • .n ......m.,,.. DISPOSAL PARCEL LUTHER KING JR. DRIVE RICHT-OF-WAY CITY OF WATERLOO. IOWA PARCEL ro' ASSIONFO BY OWNER. CITY OF WATERLOO REARING / DISTANCE AID so Q? THE BLACF N.WI COUNTY SuRYET MOLESTED eV/ CITY OP WATERLOO ALTITOITS OFFICE A TO D El TO C C 10 D O TO E E 10 0 O TO 0 • 11,15°36'55- W 99.60' • 9 64'01'50' W 166.30' • 5 SS°ST'D5' N 95.35' • $ OI°07'23' E 60.00' • N 66°20'30' R 110.00' • N 61°3I'40' E 101,93' SW FRL. 1/4 19-89-12 PRESENT N'LY R -0-W LINE UNION PACIFIC RAILROAD PRESENT SE'LY R•0 -R LINE Han TIN LUTHER KING ,It1. ORIYL CTR. SEC. 19.09.12 FO. PINCHED TOP PIPE 501'05'55'E 12625' 901°0S'SS'E 2.49.97" 909°54•05'W 49.50' PAACEL 'C' O06IIMENT NO. 2001023139 CENTERLINE EXISTING TRACKS CORNERS A. R. C. AND D ENO NO. 4 NEOAR/ORANGE PLASTIC CAP N0. 6505 CORNER E ENO 1' DIA. IRON PIN CORNER 0 SET NO.A RESAR/YELLOW PLAS1 IC CAP 140. 6605 e EarthTech 12t/aa INRn.dm.tLN. Lbmp4Rl X is rls .o0/t00 1 5 1/4 COR. SEC 19-05-12 ro, ALWA. DIST /-S' �/i SCALE IN fEET LECENO SHEET I OF Tile Number; 2010-00024103 0eN: 1 RI El 181 65ID 11/ El El W 9S El III SI IS W XV,a L536 D:102 stoziez>o rem ,44co . 44°_„ e EarthTech 12t/aa INRn.dm.tLN. Lbmp4Rl X is rls .o0/t00 1 5 1/4 COR. SEC 19-05-12 ro, ALWA. DIST /-S' �/i SCALE IN fEET LECENO SHEET I OF Tile Number; 2010-00024103 0eN: 1 RI El 181 65ID 11/ El El W 9S El III SI IS W XV,a L536 D:102 stoziez>o rem <P>qs 2 of 2) MARTIN LUTHER. K IINO AJR PARC OR VEL RICHT-OF-WAY CITY OF WATERLOO. IOWA OWHER,CITY OF WATEALOO SURVET PEOUESTE0 BhCITY OP BATEIROO PARCEL '0' A3SH7HC0 BT THE BLACK HAYK COUNTY AUDIT01'S OFFICE DESCRIPTION. PARCEL '0' A PARCEL SITUATED IN PART OF THE SOUTHWEST FRACTIONAL 1/4 OF SECTION 19,7OWNSHIP 09 NORTH, RANCE 12 WEST OF THE 571) P.M.. CITY OF WATERLOO. COUNTY OF BLACK HAWK. STATE OF 10WA, MORE PARTICULARLY DESCRIBED AS FOLLOWS% COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST FRACTIONAL I/9 :THENCE SOUTH OI° ;DECREES105' .MINUTES) 95" .SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPT ION. ON THE EAST LINE OF SAID SOUH TWEST FRACTIONAL WA,A DISTANCE OF 720.05 FEET; THENCE SOUTH 06° 59'05- WEST. 49.50 FEET TO A CORNER OF PARCEL 'C' THAT 15 RECORDED IN DOCUMENT 2007023135 IN THE BLACK HAWK COUNTY RECORDER'S OFFICE. ALSO BEING ON THE PRESENT SOUTHEASTERLY RICHT-OF-WAY LINE OF MARTIN LUTHER KING, JR. DRIVE, THENCE NORTH 4S SB'55' WEST ON THE NORtHERLT LINE OF SAID PARCEL 'C'. 61-50 BEING TIE PRESENT SOUTHEASTERLY FIGHT -OF -WAY LINE OF MARTIN LUTHER KING, JR. DRIVE, 49-60 FEET, THENCE SOUTH 64°01'30' WEST ON THE NORTHERLY LINE OF SAID PARCEL 'C', A1.50 BEING TIIE PRESENT SOUTHEASTERLY RIGHT-OF-WAY OF MARTIN LUTHER KING, JR- DRIVE. 160.30 FEET, THENCE SOUTH 55°57'05' WEST ON THE NORTIIERLT LINE OF SA10 PARCEL 'C'. ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT -OF- WAY LINE OF MARTIN LUTHER RING, JR-ORIVE. 95.35 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE 50UTH 0I°07'25' EAST ON THE WESTERLY LINE OF SAID PARCEL 'C'. 40.00 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF THE ONION PACIFIC RAILROAD PROPERTY, THENCE NORTH 06°28.39' WEST ON THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD PROPERTY. 170.00 FEET) THENCE NORTH 67°31'90' EAST, IBI -93 FEET TO THE POINT OF BEGINNING. CONTAINING 6,170 50UARE FEET OR 0.16 ACRE. EarthTech A ritiL70 ttca,4&Nl 00. GRA MM V00/Z000 THIS PLAT OR SUBDIVISION NAS REVI REVIEWED 07 THE CITY OF WATERLOO. 1011A / 7 / Slenoir° of Cby 0nInonaa AOmfnlotra)or Data SHEET 2 OF 2 711e N%mlbex: 2010-00024184 6Wq: 2 Hunt L5:6 I133 fTO3/e2/90 Paul H. Helland, 1107 Technology Parkway, Cedar Falls, Iowa 50613-6951, (319)-266-016 10.0' -50.05' 2 W 0) 0 01 LOCATION MAP MARTIN LUTHER KING JR. DRIVE PROPOSED REZONING IDAHO ST. /RAILROAD AVE. 0 Proprietor: Philip Douglas IDAHO STREET (;;,,ifia,HELLAND ENGINEERING & SURVEYING, LTD. 1107 Technology Parkway Cedar Falls, lows 50613-6951 (319)-266-0161 £ SHEET 1 OF 1 78.4' ---- DUE SOUTH (BEARINGS ARE ASSUMED) 0 25' 50' 00' • SET NO. 4 REBAR X 24" LONG W/ORANGE PLASTIC CAP #6505 (00) RECORDED AS FILE NAME: 13-100.DWG SCALE: 1" = 50' PROJECT #13-100 OPC PLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) PROPOSED REZONING OF PART OF SW 1/4 SEC. 19-T89N-R12W WATERLOO, BLACK HAWK COUNTY, IOWA FOR IOWA POST FRAME BUILDERS L.C. NOTICE OF PUBLIC HEARING ON REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 15th day of July, 2013, at 5:30 p.m. in the Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, to approve the request by Phillips Douglas to rezone 1.3 acres generally located at the Southwest corner of Martin Luther King Jr. Drive and Idaho Street from "R- 2" One and Two Family Residence District to "C -P" Planned Commercial District for the purpose of constructing a 60' x 120' commercial building, legally described as follows: Parcel "C" That part of parcel described in Fee Book No. 2007- 017399 in the Office of the Black Hawk County Recorder, being a part of the Southwest Fractional Quarter (SW FRL 1/4) of Section No. 19, Township No. 89 North, Range No. 12 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of said Southwest Fractional Quarter, point being a found 1"o.d. iron pinched pipe; thence along the East line of said Southwest Fractional Quarter Due South a distance of 728.85 feet; thence Due West a distance of 49.5 feet to the West right-of-way line of Idaho Street, point being the Southeasterly corner of Martin Luther King Jr. Drive right-of-way being described in Land Book 568 Page 308 in the Office of the Black Hawk County Recorder, point being a set 4" rebar with license #6505 and also being the point of beginning; thence along said West right-of-way line Due South a distance of 78.4 feet to a found 4" rebar; thence along said West right-of-way line South 10°45' West a distance of 160.65 feet to the Northerly right-of-way line of the Union Pacific Railroad Company (formerly the Chicago and North Western Railway Company and formerly the Chicago Great Western Railway Company), point being a found 4" rebar with license #3641; thence along said Northerly right-of-way line North 85°454' West a distance of 171.6 feet to a found 4" rebar with license #3641; thence along said Northerly right-of-way line North 00°11' East a distance of 50.05 feet (recorded as 50 feet) to a found rebar with license #7811; Page 2 thence along said Northerly right-of-way line North 84°52' West a distance of 67.05 feet to the Southwesterly corner of parcel described in Fee Book No. 2007-017399, point being a found 1"o solid iron pin; thence along the West line of said parcel described in Fee Book No. 2007-017399 North 00°011' West a distance of 80.0 feet to said Southerly right- of-way line of Martin Luther King Jr. Drive, point being a set 4" rebar with license #6505; thence along said Southerly right-of-way line North 57°03' East a distance of 95.35 feet to a set 4" rebar with license #6505; thence along said Southerly right-of-way line North 65°07'9' East a distance of 168 3 feet to a set 1/2" rebar with license #6505; thence along said Southerly right-of-way line South 44°53' East a distance of 49.6 feet to the point of beginning. Containing 1.17 acres. Subject to easements of record and not of record. Note: The East line of said Southwest Fractional Quarter is assumed to bear Due South for this description; And; Parcel "D" A parcel situated in part of the Southwest Fractional 1/4 of Section 19, Township 89 North, Range 12 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows: Commencing at the Northeast corner of said Southwest Fractional 1/4; thence South 01° (degrees) 05' (minutes) 55" (seconds) East (assumed bearing for the purpose of this description) on the East line of said Southwest Fractional 1/4, a distance of 728.85 feet; thence South 88°54'05" West, 49.50 feet to a corner of Parcel "C" that is recorded in Document 2007023155 in the Black Hawk County Recorder's office, also being on the present Southeasterly right-of-way line of Martin Luther King, Jr. Drive; thence North 45°58'55" West on the Northerly line of said Parcel "C", also being the present Southeasterly right-of-way line of Martin Luther King, Jr. Drive, 49.60 feet; thence South 64°01'50" West on the Northerly line of said Parcel "C", also being the present Southeasterly right-of-way of Martin Luther King, Jr. Drive, 168.30 feet; thence South 55°57'05" West on the Northerly line of said Page 3 Parcel "C", also being the present Southeasterly right- of-way line of Martin Luther King, Jr. Drive, 95.35 feet to the point of beginning of the parcel of land herein described: thence South 01°07'25" East on the Westerly line of said Parcel "C", 80.00 feet to the present Northerly right-of-way line of the Union Pacific Railroad property; thence North 86°28'39" West on the present Northerly right-of-way line of the Union Pacific Railroad property, 170.00 feet; thence North 67°31'40" East, 181.93 feet to the point of beginning. Containing 6,778 square feet or 0.16 acre. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 1st day of July, 2013. Suzy Schares City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-570 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF PHILLIP DOUGLAS TO REZONE APPROXIMATELY 1.3 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF MARTIN LUTHER KING JR. DRIVE AND IDAHO STREET FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "C -P" PLANNED COMMERCIAL ZONING DISTRICT, AS JULY 15, 2013, AT 5:30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5:30 p.m. on the 15th day of July, 2013, for the purpose of considering and acting upon an application of Phillip Douglas to rezone approximately 1.3 acres of land located at the southwest corner of Martin Luther King Jr. Drive and Idaho Street from "R-2" One and Two Family Residence District to "C -P" Planned Commercial Zoning District, and legally described as follows: Parcel "C" That part of parcel described in Fee Book No. 2007- 017399 in the Office of the Black Hawk County Recorder, being a part of the Southwest Fractional Quarter (SW FRL 1/4) of Section No. 19, Township No. 89 North, Range No. 12 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of said Southwest Fractional Quarter, point being a found 1"o.d. iron pinched pipe; thence along the East line of said Southwest Fractional Quarter Due South a distance of 728.85 feet; thence Due West a distance of 49.5 feet to the West right-of-way line of Idaho Street, point being the Southeasterly corner of Martin Luther King Jr. Drive right-of-way being described in Land Book 568 Page 308 in the Office of the Black Hawk County Recorder, point being a set '-f" rebar with license #6505 and also being the point of beginning; thence along said West right-of-way line Due South a distance of 78.4 feet to a found E" rebar; thence along said West right-of-way line South 10°45' West a distance of 160.65 feet to the Northerly right-of-way line of the Union Pacific Railroad Company (formerly the Chicago and North Western Railway Company and formerly the Chicago Great Western Railway Company), point being a found ;..f' rebar with license #3641; thence along said Northerly right-of-way line North 85°45' West a distance of 171.6 feet to a found rebar with license #3641; thence along said Northerly right-of-way line North 00°11' East a distance of 50.05 feet (recorded as 50 feet) to a found rebar with license #7811; Resolution No. 2013-570 Page 2 thence along said Northerly right-of-way line North 84°52' West a distance of 67.05 feet to the Southwesterly corner of parcel described in Fee Book No. 2007-017399, point being a found 1"o solid iron pin; thence along the West line of said parcel described in Fee Book No. 2007-017399 North 00°O14' West a distance of 80.0 feet to said Southerly right- of-way line of Martin Luther King Jr. Drive, point being a set 4" rebar with license #6505; thence along said Southerly right-of-way line North 57°03' East a distance of 95.35 feet to a set 4" rebar with license #6505; thence along said Southerly right-of-way line North 65°0739' East a distance of 168.3 feet to a set 4" rebar with license #6505; thence along said Southerly right-of-way line South 44°53' East a distance of 49.6 feet to the point of beginning. Containing 1.17 acres. Subject to easements of record and not of record. Note: The East line of said Southwest Fractional Quarter is assumed to bear Due South for this description; And; Parcel "D" A parcel situated in part of the Southwest Fractional 1/4 of Section 19, Township 89 North, Range 12 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows: Commencing at the Northeast corner of said Southwest Fractional 1/4; thence South 01° (degrees) 05' (minutes) 55" (seconds) East (assumed bearing for the purpose of this description) on the East line of said Southwest Fractional 1/4, a distance of 728.85 feet; thence South 88°54'05" West, 49.50 feet to a corner of Parcel "C" that is recorded in Document 2007023155 in the Black Hawk County Recorder's office, also being on the present Southeasterly right-of-way line of Martin Luther King, Jr. Drive; thence North 45°58'55" West on the Northerly line of said Parcel "C", also being the present Southeasterly right-of-way line of Martin Luther King, Jr. Drive, 49.60 feet; thence South 64°01'50" West on the Northerly line of said Parcel "C", also being the present Southeasterly right-of-way of Martin Luther King, Jr. Drive, 168.30 feet; thence South 55°57'05" West on the Northerly line of said Parcel "C", also being the present Southeasterly right- of-way line of Martin Luther King, Jr. Drive, 95.35 feet to the point of beginning of the parcel of land herein described: thence South 01°07'25" East on the Westerly line of said Parcel "C", 80.00 feet to the present Northerly right-of-way line of the Union Pacific Railroad property; thence North 86°28'39" West on the present Northerly right-of-way line of the Union Pacific Railroad property, 170.00 feet; thence North 67°31'40" East, 181.93 feet to the point of beginning. Containing 6,778 square feet or 0.16 acre. Resolution No. 2013-570 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 1st day of July, 2013. ATTEST: Suzy Sch res, CMC City Cle k !A:" rnest G. Clark, Mayor {HE CouR1FR W'LOO CITY OF CLERK'S OFFICE 715 MULBERRY WATERLOO, IA 50703 319-291-4323 AD NUMBER PAGE NO. 1415019 1 of 1 BILL DATE SALESPERSON 07/10/13 kitta START DATE STOP DATE 07/10/13 07/10/13 AD NUMBER AD DESCRIPTION CLASS LINES 1415019 NOTICE OF PUBLIC HEARING ON REZONIN 0950 LEGAL NOTICE 148 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER - 1 LEGAL $67.67 TOTAL AD CHARGE $67.67 Purchase Order Rezone Douglas PAY THIS AMOUNT Please send only the payment slip with payments. Allow 5 business days for payment to be applied to account. For legal questions, please call 319-291-1411 or 800-798-1741 Mon -Fri 8:00-5:00 pm CST. COURIER COMMUNICATIONS c/o LEE NEWSPAPERS PO BOX 540 WATERLOO IA 50704-0540 `L W'LOO CITY OF CLERK'S OFFICE 715 MULBERRY WATERLOO, IA 50703 Return this portion with your payment $67.67 $67.67 COURIER COMMUNICATION; c/o LEE NEWSPAPERS PO BOX 540 WATERLOO IA 50704-0540 Legal Acct #: n Check # U Credit Card loipw� ❑ v� ❑ ❑ EMs Exp. Date: Name on credit card Signature Please make checks payable to: COURIER COMMUNICATIONS Ad Number Billing Date Amount Due 1415019 07/10/13 67.67 Amount Enclosed 000256 COURIER COMMUNICATIONS c/o LEE NEWSPAPERS PO BOX 742548 CINCINNATI OH 45274-2548 lilulrlrinrltllutltlnluitititluluiinininllultluill 21780300000014150190000000000000000676700000067672 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1415019 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 07/10/2013, in the issues of 07/10/2013 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $67.67 Subscribed and sworto before me this /1C-2 Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: NOTICE OF PURL HEARING REZ TO WHOM IT MAYOCONINNGCERN. Notwe Is hereby given Ihal on the 15th' day of July,:20 3, at a City Hall I0 the': Councl Chambe s In the qty HalIn the City of Waterloo lows, a puhilc hear ng': will be held by t e Councl) otthe CIN ot< Waterloo, Iowa, o approve the request by Phil lycug as toezon&:13ac08 genera ly located at the Southwest car=: ner of Martin LU her King Jr. Drive and; Idaho Slroet1 om'102' Onol and Two: Family Resndenco Dt stria for to "C -P'. Planned Comma Mal Plelrlct fthe pu,-) pose 0 const a Ong a 60 x:120' cam-:' mania building legally desodbed 88. follows Parcel 0' That part of pa oel ed In Fee Book No, 2007-01739992 in In the Office of the Black Hawk County Recorder, being a part of the Sou hwest Fractional Quat ter(SW FRL 1l4)of Se otiop N o 19 Township No. 89 North, Range No. 12 Westo theflflh Pdnolpal Meridian City':. of Waterloo iBlaok Hawk County, Iowa,:: describafallows Commencedinsg'.. al ha North east corner of said Southwest Fractional Quarter,poi t being a foundl°o d Iron pinched pipe, thence along the East fine of said South- west F actional8 Quarter Due South a distance of728.851ee1, thence Due Wes a distance 0(49 5 feet' to the Wesl Fight=of-way Imo of Idaho Street, point be ng the Southeasterly:.. corner of Martin Luther King Jr. Drive. right o-waybeing described in land Book 568 Page 308 In the Of@ce of the Black Hawk:Cou ty Recorder;: point be mg a set' rebs with license'#6505 and also be ng the po nl of be9mntpg, thence along said West right of way One Due South a-dis once of 78,4 feel to a for nd Wxebec. th, sr waved:nb]/slai(ell ie th 11 1a10 -4i-pa6i it � iauigae{ywaj se3gMaS ISU Le 18-6E$ 6 8 •Bul>lows ou 'aseal1 JF 018$21 VO 'Jartip/ragseM? '50505 211 218 Z slle8 LVQ33 rLLL"pa5' d'O'r0 PoOMUE)S £OL 'OW/O09'4$ 94/9 'IInAV'.leas )snuff: V'uolleool s1Ied JePaQ 3WI8d� uI e6ere6 pagoe))e /M esnogumol: ;ane )Ilds 'Y8 Z'2f6 E 9NIZVWVt S003NV113aS1 8565-PEZ-61.8i 939$ "5sfOH218£'ume(6eoeLZ SZLE—'406621218 £'roueal3 SOLI` 9869 L9L-1491193 'OWI999$'Una ume •s)ad ou sra>fows ON 'WOer. hipunel /'1+ 'HVO pagoe))e /M'JasrJ ul S3SOOHNM01218 Z13M3N 'P09£-68Z•clap 059$+Tin+ 'ow/099$ 'sjad ou 'ooLM.,M'•sldde:'. 'JVD'asnoH 218 Z 'uoldp 91L 9 L9-0PZ-6 LE 'NO 9901400$ 9Z9y^ 8.Z '50511001309 '':099$ 88 Z 'Rouinp',£LZ 961218£ Z19'dap +IoW/9ZL$ 'O/V 1er)uo ' .sldde Ile '211,0'i 250 Z'88 £501N NOSdWOHJ.LLZ ROQC RP7 R e •anlincoh-luwe, Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: July 1, 2013 Prepared: June 25, 2013 Dept. Head Signature: C/r # of Attachments:1 10 SUBJECT: Request by Prime RE, LLC for the 3 -lot Preliminary and Final Plat of Crossroads Plat No.10, to allow for new commercial development, on the property generally bounded by Crossroads Boulevard, Bopp Street and La Porte Road, and request for a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1). Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request by Prime RE, LLC for the 3 -lot Preliminary Plat of Crossroads Plat No.10, to allow for new commercial development, on the property generally bounded by Crossroads Boulevard, Bopp Street and La Porte Road. Also, due to staff requesting approval of both the Preliminary and Final Plat at the same City Council meeting, the City Council would need to approve a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1). Please find attached the following documents: o Staff report o Aerial photograph of the area o Preliminary and Final Plats o Deed of Dedication o Certificate of Survey • Report of the City Engineer The Preliminary and Final Plats consist of 3 lots, as well as a Tract "A" which is a 20' wide area of land along Crossroads Boulevard that will be dedicated to the City of Waterloo for the purpose of constructing a sidewalk. The 3 lots to be platted total 10.46 acres, with Lot 1 being 1.23 acres in size, Lot 2 1.60 acres in size, and Lot 3 being 7.17 acres in size. Tract "A", which is for sidewalk purposes, is 0.46 acres in size. The proposed plat would allow for the creation of 3 new lots, which could be developed with any future uses that would be allowed in the "S-1" Shopping Center District. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Therefore, we would ask that the City Council adopt a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal, and approve the Preliminary and Final Plat of Crossroads Plat No. 10. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use Alternative: Background Information: This currently vacant land is zoned appropriately for commercial uses. cc: Noel Anderson, Community Planning and Development Director Eric Thorson, City Engineer Dennis Gentz, Assistant City Engineer --file-- REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: May 7, 2013 Request for the Preliminary and Final Plat of Crossroads Plat No. 10 for the development of a 3 -lot subdivision, located on the property generally bounded by Crossroads Boulevard, Bopp Street and La Porte Road. Prime RE, LLC. 3510 Kimball Avenue, Waterloo, Iowa 50702. The request is for the Preliminary and Final Plat of Crossroads Plat No. 10 for the development of a 3 -lot subdivision. The request would not appear to have a negative impact upon the surrounding area, and the plat would promote additional development in the area, which would add tax base to the City and will be consistent to the surrounding commercial development in this area. The plat will have frontage along La Porte Road, Bopp Street and Crossroads Boulevard. La Porte Road is classified as a Minor Arterial, while Bopp Street and Crossroads Boulevard are classified as Local Streets. The development of this site could increase traffic in the area, which could create the need to improve the nearby intersection of San Marnan Drive and La Porte Road due to the increase in traffic that this area may see. Currently, there are no sidewalks along any street adjacent to this property. The plat shows a Tract "A", which is a 20' strip of land along Crossroads Boulevard that would be dedicated to the City in order to construct a sidewalk. There are no recreational trails in the area of the request. The site has been zoned "S-1" Shopping Center District since adoption of the Zoning Ordinance in 1969. The properties to the south, north and west are zoned "8-1" Shopping Center District, while the properties to the east across La Porte Road are zoned "M-1" Light Industrial District. No buffering would be required. Drainage for the lots would need to be shown and approved once a development is proposed on each lot. The shopping center site to the west was originally constructed in the late 1960's, with ongoing commercial development in this general area to this day. A portion of the property is located within the Zone X 500 -year floodplain as indicated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map Crossroads Plat No. 10 Preliminary and Final Plat 05-07-13 Page 1 PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: May 7, 2013 19013C0304F. There is no public/open spaces located nearby the property in question. There is an 8" sanitary sewer that enters the property from the southwest that serves the Crossroads Shopping Center. That 8" line connects with a 10" sanitary sewer line on the property, which runs to the northwest and connects to a 10" sanitary sewer line within Bopp Street. That line then connects with a 10" line that runs along La Porte Road. There is a 30" and 36" storm sewer that is located within Crossroads Boulevard adjacent to this property, in addition to a 4" drain tile located along both Crossroads Boulevard and Bopp Street. The Future Land Use Map designates the area as Commercial, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The Preliminary and Final Plats consist of 3 lots, as well as a Tract "A" which is a 20' wide area of land along Crossroads Boulevard that will be dedicated to the City of Waterloo for the purpose of constructing a sidewalk. The 3 lots to be platted total 10.46 acres, with Lot 1 being 1.23 acres in size, Lot 2 1.60 acres in size, and Lot 3 being 7.17 acres in size. Tract "A", which is for sidewalk purposes, is 0.46 acres in size. The proposed plat would allow for the creation of 3 new lots, which could be developed with any future uses that would be allowed in the "S-1" Shopping Center District. The Preliminary Plat does not currently show 2 -foot interval contours on it, and staff has been in contact with the applicant's engineer to rectify this situation. Therefore, staff recommends that the request for the Preliminary and Final Plat of Crossroads Plat No. 10 be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Commercial. 3. The plat will create an additional infill development site in the Primary Growth Area. Crossroads Plat No. 10 Preliminary and Final Plat 05-07-13 Page 2 City of Waterloo Planning, Programming and Zoning Commission May 7, 2013 Peliminary and Final Plat of Crossroads Plat No. 10 Prime RE, LLC. PRELIMINARY PLAT CROSSROADS PLAT NO. 10 WATERLOO, BLACK HAWK COUNTY, IOWA N parcel of land located In Government Lot 8 N Sodlon 1, and NO SE 55 of 5osten 2. all In TownsWp 88 North. Range 13 Waal of 11m 5th Pdndple Weddlan, Waterloo, Black Hayek County, lows. described as lo0owa: Beginning at the Intersection of the of the Swlhwea1011y d9W ofway line of La Porta Road (Ionne11y 0.5. Hlgkrey 218). 00W 401o4way Me being 60 feel nmmally dlslanl Southwesterly from the center lino of saki former highwag 858000th 35'065104W 449.0g feel along said SOWrwestedy dghtol-wey to the Sou0aealedy dghtol-way of Bopp Street: thence 55,01'53'W 324.16 along saki Souteasledy dghlolxray of Bopp Street; theme soothed), 31.52 Nal along a 261001 radius curve. concave Easledy, said curve bating a 20.38-0000 chord boring 509'4216' Wl Thence 535'0158' E 382.15 feel along saki Easledy dghbFway of crossroads Boulevard Nemo Southerly 338.81 feet nbn9 a 550.961001 radius curve, concave Westerly, saki curve hevin9 a 333.49 -fool clod beadng S 1T'11'l3 E: thence 8050025 W 240.98 MO Nacos Sou0eaalady 31.61 Nal along a 261m1 radios curve. concave Nodheaslody. said Ment having a 28.42-1001 dont bearing S 44'32'45' E: thence 569'46'35' E 114.01 Nal along Na NOr hedy d0h141-roy of GMnm Street; thence Easterly 285.88 feet along a 430.24.1001 radius curve. concave Northerly. said curve having a 201.461001 amid boadng N 213345' E., Theme N 54.51 50' E 244.2300818long 8004 NOdhaM 4gh1oIway of Gdmm Street WIN, Sw1wostelly righlgAway of le Poch Road (fommedy VS. Highway 218): thanes /435'06'40'W 55.141001; thence 5 89' 1044'012.35000110 the 60.foo dgWd-way Unser La Pato Road; thence N 35'06'04` E 614.56 18812180g said 50 -fool dghlafway line to the East line of Section 2;thence 000.0222'W 11.31 feel to the 5018101 be6NNng. wn)010ng 10.461 awes, and Is subject to easements and reebld ms of card. =gm Z T TT sywAR Tr. SUBDIVISION LOCATION NORTH 4 200 FEATURE LEGEND 0 PROPERTY CORNER SET • PROPERTY CORNER FOUND ® SECTION CORNER r0580 I0000 DIMENSION Or STACEY (100.08) DIMENSION Or RECORD — G — EXISTING 055 — Sl — EXISTING 510000 SEWER - — EXISTING SANITARY SEWER - EXISTING TELEPHONE S8N [51SRNG MIER — E — EXIS11110 ELECTRIC — W — EXISONG WATER —//— EXISTING FENCE —OHM— EXISTING OvERHVA 0011000015 la EXISTING LIGHT POLE A> EXISTING MDT( mEXISTING ELECTRICAL POLEBOX O EXISTING NANHOI[ 4 05510800 010E 100095511 l [MISTING WATER VALVE N 0805/050 GAS VALVE m [51011NG TELEPHONE P[0. ® EXISTING TREE —000— 0010010* 000500505 EXISTING CITY Is , [00 INE SIGN WIRE me 000000004 USW. shawl Ewa neon PATIO em, NW stogy 6lmvam and N58&8MatM Sonywe ne4e 08150010580081 wwry,0MWpne shawl compd. L sum utissi him arta. eitiwinamea or awodams.wresunrawaNtw W union/ma 0008 OOau Wt awy 0m Ts00880007 0wedue now sumnwm. 880.8.. aim. an deem bbetw,nle us a0en50.050 msuwal. Trvr Pin a Ouw.hw. Ns nas,ertmae O3 to Cy d W e1mm. 00y0N,✓08y0 00008M0LRr00W Otle. W. _8 `M� WENOELLJ.L:PRES. LS. re.s 10s.m.an rv..0 11 con CO Crossroads Hal No. 10 NE 1/4 Sac. 2.8 NW 1/4 See. 1 Waterloo, Block Hawk County, lowo YJ Engineering 1501 Technology Parkway Cedar Falls, lowo - 319-266-5B29 drown b dole soak Add' lona) R.O.W. at Crossroads and BG SJ -1.8 0080.''y book Ita Ilona 1410' Fan Fewer Face (fiF Lot 31 3 3 0JL revisions dole / FINAL PLAT CROSSROADS PLAT NO. 10 WATERLOO, BLACK HAWK COUNTY, IOWA. A parch of land located N Government Lot NSedbn 1. and the SE l: of Section 2, el In Eownslp 88 North, Range 13 West of the 50 Principle Meridian, Waled., Black Hawk County, /owe. dmalbed as loIbw& Beginning at the Intersection of the of the Southw°wispy NM of way Ilea of La Porta Road (fom,°M U.S. Highway 218), said llghl-olway line being 60 feet normally d151anl Southwesterly Routine center line 0l sold lamer Wghwey. thew.N 35'00'460 W 449.09 feet along said SBUNwesledy dghto6way to Die SootheosIedy dghoSway 0l Bap Skeeq thence 55'01'53' W 324.76 alag saki Souheasledy dgSSol-way of Bopp SOeet; thence Southedy 31.52 feel alone 20101 radios curve, concave E°sledy. sold curve having a 28.36.foot chord beedng S 09.4316• W: thence 835007'560 E 382.15 feel along said Eaalady dphtalwey of Crossroads Boulevard. 'hence Swtedy 338011eetalong a 550.06,1001 roOIuo curve, concave Westerly. said curve having ° 333.49 -foot Nord bearing 817°lt'13' 5; thence S 0'0025 W 240.09 feel; thence Southeasl°dy 31.11 feet along a 20 -foot radius alive, concave Northeasterly, said curve having e 28.42400l chord boadng 544'32'45' E; thence 566'46'35° E 114.01 feet along the Nodhedy right-of-way of Grimm Street; thence Easier!), 265.691°01 along a 430.24 -fool radius curve, concave Notedy. sold curve paving a 261.46 -foot Gard bearing N 72'33'25"6; thence 2454'51' 08'E 244.23 feel along said Northerly 'ohtal-way °1 Grimm Street to the Southwesledy right-of-way °1 La Porte Rood (lormedy U.S. Highway 210): then N 35"06.40'W 55.14 feat; thence S 89' 1044"E 12.35 Hallo 56561ool dgMalw°y lino of L° Parte Road: thence N 3006'44' E 614.05 feet along saki 50.fool right -o -way Zine to the East lino of Soden 2: then 00'0222'W 17.31 feel to Ne point of beginning, 86001ing 10.461 acres. and Is su0I60 to easements and restrictions of record. S9.00> �thG VSN SUBDIVISION LOCATION 0103500, Tract B 004066053 115501 . 0 0 005 NORTH '*I e 0 10 100 ZOO FEATURE LEGEND o SET5)4'0x24*05050 • PROPERTY CORNEAFOUND 6ET50015(6 CORNER 0ECTIONCORNER MONO W 05'51/Ryer 0000) 51E0010005000660 09.46 114.01 VMm:y ,Ieueaar.mn0604 boar. ml, from 6061000606)000006056 5555141...555.5. ,M dem no) ww5015511155.51•6 0eam,.a 000 1165010±0060 00 dwT0h.1m.7a01a.<40005656a.ry Xparts Infednetico.w,w.. 5)1T0 eon adw000000Man 0:10.000 04 P,wxeo 5400,0100Tue, 15.)E14I501155,05m5p'atM Jpin, 5013 ms H0,0a5s.w.,500xm,we.w407ua Orra Woll400. 0(00500 wan aa.,,0.mmmlr560 0000. 600Wn 9 n 1.15 LI. J.buss E5.L5.�,� 4' •: rcnennm�np,rvna �� C61 0 Crossroads Plat No. 10, Final Plat NE 1/4 Sec. 2.5 NW 1/4 Sec. 1 Waterloo, block Howl, Courtly, low() VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa - 319-266-5029 drawn b dole nolo Additional R.O.W. al Crossroads and Bo 53-13 0041, A di11ona114' San Sower Ease (NW ot 2 53-13 °vpfVIZ000 re don / Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704- 0178 (319)234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 DEDICATION FOR CROSSROADS PLAT NO. 10 WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That Eric W. Johnson and David L. Stocking, Trustees of the Gerald P. Schoenfelder Real Property Trust, being desirous of platting the land described in the attached Certificate of Survey by Wendell J. Lupkes, Licensed Land Surveyor, dated the day of , 2013, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be known as CROSSROADS PLAT NO. 10 WATERLOO, BLACK HAWK COUNTY, IOWA all of which is with the free consent and desire of the undersigned, and the undersigned does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. EASEMENTS The owner does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat. 1 RESTRICTIVE COVENANTS The owner does also covenant and agree for itself, its successors and assigns, that: 1. Said real estate shall be available for such uses as may be permitted under the zoning regulations of the City of Waterloo, Iowa. 2. Tract A is dedicated to the City of Waterloo, Iowa for right-of-way. 3. A sidewalk shall be constructed on Tract A upon development of each Lot 1, 2 and 3. 4. All of the provisions hereof shall be enforceable by appropriate legal proceedings by any present or future owners of the legal or equitable title to said real estate. Invalidation of any one or more of the within restrictions by judgment or decree of court, shall not be regarded as affecting the validity of any of the other provisions hereof, nor shall any judicial determination with respect to any of the restrictive provisions hereof be regarded as affecting the validity or sufficiency of this instrument as a deed of dedication of said plat. 5. Each of the undersigned and all persons and corporations hereafter acquiring any right, title, or interest in said real estate shall be taken and held to have agreed and covenanted with the undersigned, and with the respective successors and assigns of said real estate, to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the use, improvement, and occupancy of said real estate, for a period of 21 years from the date of the filing of said plat, however, that the easements contained herein, shall not be subject to change at any time, but shall be permanent. 2 Gerald P. Schoenfelder Real Property Trust By: Eric W. Johnson Its: Trustee By: David L. Stocking Its: Trustee STATE OF IOWA COUNTY OF BLACK HAWK)ss. This instrument was acknowledged before me on this of , 2013, by Eric W. Johnson, Trustee of the Gerald P. Schoenfelder Real Property Trust. Notary Public STATE OF COUNTY OF )ss. day This instrument was acknowledged before me on this day of , 2013, by David L. Stocking, Trustee of the Gerald P. Schoenfelder Real Property Trust. Notary Public 3 Prepared by Wendell J. Lupkes, L.S., VJ Engineering, 1501 Technology Parkway, Cedar Falls, Iowa 50613 SURVEYOR'S CERTIFICATE CROSSROADS PLAT N0. 10, WATERLOO, BLACK HAWK COUNTY, IOWA I certify that during the month of April, 2013, at the direction of Prime RE, L.L.C., a survey was made, under my supervision, of the tract of land to be known as "Crossroads Plat No. 10, Waterloo, Black Hawk County, Iowa", as shown on the attached plat, and the boundary of which is more particularly described as follows: A parcel of land located in Government Lot 6 in Section 1, and the SE 1/4 of Section 2, all in Township 88 North, Range 13 West of the 5th Principle Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the intersection of the of the Southwesterly right of way line of La Porte Road (formerly U.S. Highway 218), said right-of-way line being 60 feet normally distant Southwesterly from the center line of said former highway; thence N 35°06'46" W 449.09 feet along said Southwesterly right-of-way to the Southeasterly right-of-way of Bopp Street; thence S 55°01'53" W 324.76 along said Southeasterly right-of-way of Bopp Street; thence Southerly 31.52 feet along a 20 -foot radius curve, concave Easterly, said curve having a 28.36 -foot chord bearing S 09°43'16" W; thence S 35°07'56" E 382.15 feet along said Easterly right-of-way of Crossroads Boulevard, thence Southerly 338.81 feet along a 550.96 -foot radius curve, concave Westerly, said curve having a 333.49 -foot chord bearing S 17°11'13" E; thence S 0°00'25 W 249.99 feet; thence Southeasterly 31.61 feet along a 20 -foot radius curve, concave Northeasterly, said curve having a 28.42 -foot chord bearing S 44°32'45" E; thence S 89°46'35" E 114.01 feet along the Northerly right-of-way of Grimm Street; thence Easterly 265.68 feet along a 430.24 -foot radius curve, concave Northerly, said curve having a 261.48 -foot chord bearing N 72°33'25" E; thence N 54°51' 58" E 244.23 feet along said Northerly right -of --way of Grimm Street to the Southwesterly right-of-way of La Porte Road (formerly U.S. Highway 218); thence N 35°06'40" E 55.14 feet; thence S 89° 10'44"E 12.35 feet to the 50 -foot right-of-way line of La Porte Road; thence N 35°06'44" E 627.51 feet along said 50 -foot right-of-way line to -'the East line of Section 2; thence S 00°02'22" W 17.37 feet to the point of beginning, containing 10.461 acres, and is subject to easements and restrictions of record. I further certify that the Plat as shown is a correct representation of the survey and all corners will be marked as indicated within one year of the recording of subdivision plat. Wendell J. Lupkes IA Lic. No. 12088 Subscribed and swum before me this Notary Public, in and for the State of Iowa Date day of ,2013 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At --Large CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ERIC THORSON, P.E. • City Engineer email: city.engineer@waterloaia.org June 26, 2013 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT CROSSROADS PLAT NO. 10 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, iP1 /#"77-gliDennis J.entz, P. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com 9131 9641 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ERIC THORSON, P.E. • City Engineer email: city.engineer@waterloo-ia.org waterloaia.org ' June 26, 2013 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT CROSSROADS PLAT NO. 10 Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis J. Gentz, P.E. Assistant City Engineer CITY WEBSITE: www.cityofwateriooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer